GRIEVANCE PROCEDURE. 15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s). 15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work. 15:03 A grievance is defined as a complaint in writing concerning: (a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties. (b) The dismissal, suspension, demotion or written or verbal reprimand of an employee. 15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances. (a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned. (b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step. (c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld. 15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute. 15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action. 15:08 Once a grievance has been filed it then becomes the property of the union. 15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written A. Any grievance being filed and/or initiated, or dispute which may arise between the parties concerning the meaning, application or interpretation of this Agreement shall meet to review be settled in accordance with the facts and circumstances giving rise to procedure set forth below, which shall govern the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit handling of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s)all grievances arising on or after this date.
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties B. A dispute within this Agreement shall be defined to the agreement recognized the desirability for a prompt resolution of the grievance through be an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article a specific provision of this agreement.
C. All grievances arising out of the above defined disputes shall be submitted on the prescribed forms and recite the contractual provisions in issue.
D. All time limits provided in the grievance steps shall be deemed to be of essence and shall be strictly construed. Waivers of time limitation shall be in writing. Failure to make a timely response to a request for extension of time shall be deemed to be a consent of the request for a time waiver.
E. Any grievance or dispute which may arise between the parties concerning the meaning, application or interpretation of this Agreement, or shall be settled in accordance with the procedures set forth below:
Step 1 Any employee having a signed Letter grievance as above defined shall first take up the matter through the departmental chain of Understandingcommand and a designated Association representative, or a signed Memorandum of Agreement between if the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage participation of the ProcedureAssociation representative is desired by the employee. The decision at this Step If not settled, it shall be final for such grievances.
(a) If an employee or discussed with the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension designated representatives of the time limits Association who shall determine whether or not it is meritorious. If not settled in writing where possible to the affected parties provided such extension is requested prior to departmental chain as above defined and if determined meritorious by the expiry of the time allowed. An extensionAssociation, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance it shall be presented on the Union Grievance Form. A written description of the nature of the grievance reduced to writing and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may the designated representative of the Association. Any grievance not submitted at Step 1 within ten (10) days of its occurrence or notification of the grievant of its occurrence shall be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a automatically closed.
Step 2 The written grievance shall not be discussed between the designated representative and the Director of Public Safety or his or her designee, who shall give his or her written decision within ten (10) days working days (excluding Saturdays, Sundays and Holidays) of receipt of the written grievance. The lack of a written answer within this time period shall be deemed to be invalid if it a denial of the grievance.
Step 3 In the event the grievance is not settled in Step 2, it may, within ten (10) working days after the decision in Step 2, be submitted to the Director of Human Resources & Operations by the Association. The decision of the Director of Human Resources & Operations shall be given in writing within ten (10) working days (excluding Saturdays, Sundays and Holidays) after receipt of the grievance. The lack of a written on answer within this time period shall be deemed to be a denial of the Union Grievance Form or for failure to quote the Article in disputegrievance.
15:07 Grievances concerning demotionStep 4 If the Association is not satisfied with the decision in Step 3, suspension, or dismissal the final Step in the resolution of the dispute shall be initiated at an impartial arbitrator, selected pursuant to the Grievance Hearing Stage rules and regulations for voluntary arbitration of the Procedure American Arbitration Association.
1. A demand for arbitration must be served by written notice to the City, within twenty- eight ten (2810) calendar days after the receipt of the date that disposition at Step 3 of intent to submit the employee became aware issue to an impartial arbitration. Following such notice of demand to arbitrate, the parties shall proceed according to the rules and regulations of the actionAmerican Arbitration Association, in regard to voluntary labor arbitration.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 18.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement and which the parties to a written grievance being filed and/or initiatedthis Agreement have endorsed, the parties shall meet to review grievance procedure will be in accordance with Section 7.0 of the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s)NJC By-Laws.
15:02 Where 18.02 Subject to and as provided in Section 91 of the employeePublic Service Staff Relations Act, an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by any action or lack of action by the manager, Employer in matters other than those arising from the xxxxxxx and/or union representative if classification process is entitled to present a grievance in attendance cannot resolve the manner prescribed in clause 18.05 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the employee’s complaint through specific complaint, such procedure must be followed, and
(b) where the process outlined in 15:01 abovegrievance relates to the interpretation or application of this Agreement or an arbitral award, the parties employee is not entitled to present the grievance unless he or she has the approval of and is represented by the Alliance.
18.03 Except as otherwise provided in this Agreement, a grievance shall be processed by recourse to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerningfollowing levels:
(a) The application, interpretation or alleged violation level 1 - first level of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.management;
(b) The dismissallevels 2 and 3 - intermediate level(s) where such level or levels are established in departments or agencies;
(c) final level - Deputy Head or Deputy Head’s authorized representative. Whenever there are four levels in the grievance procedure, suspension, demotion the grievor may elect to waive either Level 2 or written or verbal reprimand of an employee3.
15:04 Notwithstanding 15:03, an 18.04 The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee may grieve on any unsatisfactory working condition up to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented. This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the Grievance Hearing Stage attention of the Procedure. The decision employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Alliance.
18.05 An employee who wishes to present a grievance at a prescribed level in the grievance procedure shall transmit this Step grievance to his or her immediate supervisor or local officer-in-charge who shall be final for such grievances.forthwith:
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, forward the grievance will be deemed to be abandoned.the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) If Management fails provide the employee with a receipt stating the date on which the grievance was received by him or her.
18.06 Where it is necessary to reply to present a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possibleby mail, the grievance shall be deemed to have been presented on the Union Grievance Form. day on which it is postmarked and
18.07 A written description grievance of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if by reason only that it is not written on in accordance with the Union Grievance Form or for failure to quote form supplied by the Article in disputeEmployer.
15:07 Grievances concerning demotion18.08 An employee may be assisted and/or represented by the Alliance when presenting a grievance at any level.
18.09 The Alliance shall have the right to consult with the Employer with respect to a grievance at each level of the grievance procedure. Where consultation is with the deputy head, suspensionthe deputy head shall render the decision.
18.10 An employee may present a grievance to the First Level of the procedure in the manner prescribed in clause 18.05 not later than the twenty-fifth (25th) day after the date on which he or she is notified orally or in writing or on which he or she first becomes aware of the action or circumstances giving rise to the grievance.
18.11 The Employer shall normally reply to an employee’s grievance, at any level in the grievance procedure, except the final level, within ten (10) days after the date the grievance is presented at that level. Where such decision or dismissal shall be initiated settlement is not satisfactory to the employee, he or she may submit a grievance at the Grievance Hearing Stage of next higher level in the Procedure grievance procedure within twenty- eight ten (2810) calendar days of after that decision or settlement has been conveyed to him or her in writing.
18.12 If the Employer does not reply within fifteen (15) days from the date that a grievance is presented at any level, except the final level, the employee became aware may, within the next ten (10) days, submit the grievance at the next higher level of the actiongrievance procedure.
15:08 Once a 18.13 The Employer shall normally reply to an employee’s grievance at the final level of the grievance procedure within thirty (30) days after the grievance is presented at that level.
18.14 Where an employee has been filed it then becomes represented by the property Alliance in the presentation of his or her grievance, the Employer will provide the appropriate representative of the unionAlliance with a copy of the Employer’s decision at each level of the grievance procedure at the same time that the Employer’s decision is conveyed to the employee.
15:09 When 18.15 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.
18.16 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.
18.17 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.18 Where it appears that the nature of the grievance is such that a decision cannot be presented in persongiven below a particular level of authority, it any or all the levels, except the final level may be transmitted eliminated by registered mailagreement of the Employer and the employee, courierand, and/or email. As per 15:01where applicable, the Alliance.
18.19 Where the Employer demotes or terminates an employee will deal with for cause pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except that the grievance shall be presented at the final level only.
18.20 An employee may abandon a complaint grievance by written notice to his or her immediate supervisor or officer-in-charge.
18.21 An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the
18.22 No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance as provided in this Agreement.
18.23 Where an employee has presented a grievance up to and including the Final Level in the following mannergrievance procedure with respect to:
(a) the interpretation or application in respect of him or her of a provision of this Agreement or a related arbitral award, or
(b) disciplinary action resulting in suspension or a financial penalty, or
(c) termination of employment or demotion pursuant to paragraph 11(2)(f) or
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. Section 1: Any dispute concerning the interpretation or application of an expressed provision of this Agreement or a Rule and Regulation shall be subject to this, and exclusive to this, grievance procedure.
15:01 Prior to STEP 1: The UNION Grievance Committee, upon receiving a written and signed request, shall determine if a grievance being filed and/or initiatedexists. If, in their opinion, no grievance exists, the parties shall meet matter will be deemed settled. In the event the UNION chooses not to review pursue a grievance involving demotion or termination, the facts and circumstances giving rise to employee filing a grievance may pursue the complaint(s) and shall attempt to resolve matter, without the matter(s) through discussion and assistance of the pursuit UNION, in accordance with the remainder of reasonable alternativesthis Article. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where All costs incurred by the employee, the manager, the xxxxxxx and/or union representative if in attendance canincluding but not resolve the employee’s complaint through the process limited to those outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution Section 7 of the grievance through an orderly process as outlined below in this Article, without stoppage will be the responsibility of work or refusal the employee. Should a terminated employee choose to perform workarbitrate their dispute, both the CITYof Xxxxxxxxx and the employee will be required to place five thousand dollars ($5,000) into an escrow account to ensure the payment of the arbitrator as detailed in Section 7 of this Article. Should the grieving individual fail to comply with this requirement within twenty-one (21) calendar days of notification of the escrow account details, they will forfeit their ability to arbitrate the issue and the matter will be considered withdrawn and resolved.
15:03 A STEP 2: If a grievance is defined as a complaint in writing concerning:
exists, the Grievance Committee Chairman shall, with or without the physical presence of the aggrieved employee, within thirty (a30) The applicationcalendar days from the date of the occurrence, interpretation or alleged violation of an Article of this Agreement, or present a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up grievance to the Grievance Hearing Stage department head or their designee for adjustment. The grievance will contain the specific provisions of the Procedurecontract alleged to be violated. The decision at this Step shall be final for such grievances.
STEP 3: If, within thirty (a30) If an employee calendar days after submission to the Fire Chief or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanationtheir designee, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limitshas not been settled, the employee or Union shall process the grievance UNION may submit it for adjustment to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspensionCity Manager, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure designee, within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:additional seven
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 41:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 41:02 A grievance is defined as a complaint in writing filed by an employee, a group of employees, or either party to this Agreement concerning:
(a) The application, interpretation, or alleged violation of an Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(b) The dismissal, suspension, demotion, or written reprimand of an employee. The above categories of grievances can be processed up to and including Step 2 of the Grievance Procedure.
41:03 Notwithstanding 41:02, an employee may complain or grieve on any unsatisfactory working condition to Step 1 of the Grievance Procedure. The decision at Step 1 shall be final for such grievances.
(a) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement, Agreement or a signed Letter Memorandum of Understanding, Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. A policy grievance initiated by the Union shall be presented to the Chairperson of the Board, a policy grievance initiated by the Employer shall be presented to the President of the Union or designate. In all cases, such grievances shall be presented within twenty (20) working days from the action giving rise to the grievance.
(b) The dismissal, suspension, demotion or written or verbal reprimand Where the parties fail to resolve a grievance under 41:04 (a) either party may refer the grievance to Step 2 of the Grievance Procedures. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(c) Notwithstanding 41:06 a grievance filed under 41:04 (a) shall not require the signature of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) 41:05 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights or recourse to the Grievance Procedure for that particular grievance shall be at an end. If Management the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the 41:06 The grievance shall be presented on the Union Grievance Form. A written in writing providing a description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified and/or expanded upon by the Union at any time prior to Arbitration.
41:07 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a Union representative present at such a discussion. When a grievance cannot be presented in person it may be transmitted by registered mail.
41:08 An employee has the right to representation by a Union representative at any step of the Grievance Procedure.
(a) Within fifteen (15) working days after the date upon which he was notified orally or in writing, or on which he first became aware of the action of the circumstances giving rise to the grievance, the employee shall present the grievance with the redress requested to the Executive Director of COR Enterprises.
(b) The Executive Director or designate shall sign for receipt of the grievance, and shall issue a decision in writing to the employee and to the Union within fifteen (15) working days.
(c) The Executive Director should discuss the grievance with the employee and his or her representative before giving a decision on the grievance.
(d) For those grievances concerning unsatisfactory working conditions as defined in 41:03, the Executive Director shall hold a hearing to discuss the grievance with the employee and his or her representative before giving a decision on the grievance. A decision of the Executive Director may be submitted to Arbitration in accordance with Article 42, Grievance Arbitration Procedure, providing the substance category of the grievance is not changedsuch as is defined in :02. Except The decision of the Arbitration Board shall be final and binding for failure all such grievances. An employee may submit to meet the time limits, arbitration a grievance shall not regarding dismissal with or without Union approval but for all other arbitrable grievances, Union approval must first be deemed obtained before the matter is submitted to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputeArbitration.
15:07 41:09 Grievances concerning demotion, suspension, suspension or dismissal shall be initiated at the Grievance Hearing Stage Step 1 of the Procedure grievance procedure within twenty- eight fifteen (2815) calendar working days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. (a) It is the mutual desire of the employer and the union that all complaints and grievances shall be adjusted as quickly as possible and processed in the manner hereinafter laid down in this article and in Article 12 of this agreement.
15:01 Prior (b) A grievance under this agreement shall be defined as any difference or dispute between the employer and any employee relating to the interpretation, application or administration of this agreement, including any questions as to whether a matter is arbitrable and an allegation that this agreement has been violated.
(c) When, as hereinafter required in this Article, a grievance is to be submitted in writing, such grievance shall be in writing on a form to be supplied by the Union and such written grievance being filed shall contain a concise statement of the matter complained of and the redress sought and shall be signed by the employee writing the grievance.
(d) Any time limit referred to in this Article and/or initiatedin Article 12 of this Agreement with which any procedure is required to be taken or within which any decision is required to be delivered or within which any notice is required to be given shall be calculated exclusive of Saturdays, Sundays and paid holidays as defined in this Agreement.
11:02 The parties agree that reasonable efforts ought to be made to resolve complaints informally before resorting to the parties shall meet formal grievance procedure. Accordingly, before a complaint is reduced to review writing, any employee who has a complaint may, with the facts and presence of a committee person if desired, discuss the matter with her manager within five (5) working days after the employee knows or ought to have known of the circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternativescomplaint. The aggrieved manager shall give a verbal response to the employee shall have or union representative within five (5) working days of receiving the right and/or option to have a Union Representative present at such discussion(s)complaint.
15:02 Where Step 1 Should the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limitsremain unresolved, the employee or Union shall process and committee person may submit a written grievance signed by the grievance employee to the next step.
her manager within five (c5) Either party may request an extension of working days from the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowedverbal response was received. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the The grievance shall be presented on the Union Grievance Form. A written description of identify the nature of the grievance and the redress requested shall be sufficiently clear and if remedy sought. The manager will deliver her decision, in writing, within five (5) working days following the day on which the grievance relates was presented to an Article her.
Step 2 A grievance which has not been settled at Step 1, may be presented, in writing, to the Employer Grievance Committee no more than five (5) working days after the union has received the written reply under Step 1. The Employer Grievance Committee shall meet with the union representative(s) within five (5) working days of receipt of the Agreement, grievance and shall render it’s decision in writing within five (5) working days of such Article shall be so stated in meeting. A Local Representative or the grievance. The grievance shall be signed by the employee and National Union Representative may be clarified in attendance at any step providing the substance this meeting. If a grievance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, settled it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:referred to arbitration as provided hereinafter.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, dispute involving an interpretation or alleged violation application of an Article the specific provisions of this Agreementagreement.
Step 1: The employee, or a signed Letter of Understandinghis representative, or a signed Memorandum of Agreement between shall submit in writing, on forms (see Appendix D) furnished by the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanationemployer, the grievance will or dispute to the employees Battalion Chief within ten (10) working days of the date of the grievance or the employees knowledge of its occurrence. The Battalion Chief shall log receipt of the grievance in the logbook. Confirmation of such shall immediately be deemed forwarded by email to be abandoned.
(b) If Management fails grievant. The Battalion Chief shall attempt to reply adjust the matter and shall furnish it in written form to a grievance within the prescribed time limits, the employee or Union shall process his representative within seven (7) working days.
Step 2: If the grievance has not been settled, it shall be presented in writing by the employee, or his representative, on forms (see Appendix D) furnished by the employer, to the next stepFire Chief or his designated delegate, within seven (7) working days after the Battalion Chiefs response is due. The Fire Chief, or delegate, shall respond to the employee, or his representative, in writing within seven (7) working days.
Step 3: If the grievance is not resolved at Step 2, the aggrieved employee, Union and District may jointly request mediation by serving written notice on the Federal Mediation and Conciliation Service (cFMCS) Either party may request an extension of no later than 15 calendar days after the Fire Chief’s decision or answer at Step 2. If mediation is agreed to, the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of file for arbitration shall be extended for the time allowednecessary to conclude mediation. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance Mediation shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure completed within twenty- eight (28) 45 calendar days of the date that the mediator was advised of his selection, unless otherwise extended by written agreement of Union and District. If the grievance is resolved as a result of mediation, the resolution shall be reduced to writing and signed by Union and District. If the grievance is not resolved as a result of mediation, the aggrieved employee became aware or Union may request arbitration.
Step 4: If the grievance is still unsettled, either party may, within fifteen (15) working days after the reply of the action.
15:08 Once a grievance has been filed it then becomes Mediators decision request arbitration. Except as otherwise provided by law, the property decision or award of the union.
15:09 When arbitrator shall be final, conclusive and binding on the aggrieved employee, Union, and District. All petitions for arbitration shall be accompanied by a written statement of the specific provisions of this Agreement which are at issue and shall include all information required in written grievances. If the grievance canis not appealed to arbitration within the prescribed time, the Step 3 decision or answer shall be presented final, conclusive and binding on the aggrieved employee, Union and District. Within seven (7) working days after receipt of the appeal to arbitration, the aggrieved employee, Union (if involved), and District shall meet in personan attempt to define the disputed issue or issues and to select an arbitrator from the Federal Mediation and Conciliation Service (FMCS). If the parties are unable to mutually agree on the selection of an arbitrator within the prescribed seven (7) day period, it they will jointly select an arbitrator from a panel certified by the Federal Mediation and Conciliation Service (FMCS). The FMCS is to assist in the selection of an arbitrator by furnishing a panel of seven (7) impartial arbitrators particularly skilled in matters involving local government employee relations. Union and District shall each have the right to strike three (3) names from the panel. Within seven (7) working days after receiving the names, the parties shall meet and alternately cross out names. A coin toss shall determine whether Union or District will cross out first. The person remaining on the list will be the arbitrator and will be notified of his selection within seven (7) working days by a joint letter from Union and District. The arbitrator shall submit his decision or award in writing within 30 calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. However, the parties may mutually agree in writing to extend this time limitation. If a dispute exists concerning the arbitrability of an issue to arbitration, the issue of arbitrability shall be transmitted the first issue before the arbitrator. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of this agreement, nor shall the arbitrator have the power to arbitrate any matter expressly or impliedly excluded from arbitration. Neither the District nor the Union will be permitted to assert any ground or evidence before the arbitrator which was not previously disclosed to the other party except where a party was unable to produce said grounds or evidence earlier. Such grounds and evidence shall be decided by registered mailthe arbitrator prior to proceeding with the grievance hearing. Each party shall bear the full costs for its representation in the arbitration. The costs of the arbitrator and the Federal Mediation and Conciliation Service (FMCS) will be divided equally between the parties. If a transcript of the proceedings is requested, courier, and/or emailthe party so requesting shall pay for it. As per 15:01, If an employee will deal is acting independently of, and in disregard of the position of the union in matters relating to arbitration, such employee shall pay the equal share of the arbitrators cost and expense with the Fire District and the Union shall incur no liability in this proceeding. Any corrective action necessary to comply with an arbitrator’s decision or award shall be implemented no later than 15 calendar days after the decision or award is received. Arbitration shall be within the District’s Boundaries on a complaint in date and at a time and location mutually agreeable to the following manner:parties to the arbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 8.01 Should any misunderstanding or controversy arise between the Company and the Union as to the compliance of either party with any of its obligations hereunder, or should there be any grievance involving the terms of this Agreement by an employee, or a group of employees, or the Union, the same shall be handled in the following manner, provided however, that no grievance shall be considered, the alleged circumstances of which originated or occurred more than five (5) days prior to its first presentation in accordance with the procedure set out herein, except that this limit shall not apply where an alleged grievance is of such a nature that the employee or the Union, as the case may be, could not have been aware of its alleged occurrence at the actual date of same, the grievance shall then be deemed to have occurred on the first date on which the employee or the Union could have had such awareness. Step One Step Two Step Three
15:01 Prior 8.02 It is understood that the Management may bring forward in writing any complaints with respect to the conduct of the Union, its Officers or Committee member, or employees of the Bargaining Unit, and that if such complaint by Management is not settled to the mutual satisfaction of the parties, it may be treated as a grievance and referred to arbitration in the same way as the grievance of any employee.
8.03 It is understood that there could be differences of opinion on the interpretation and/or application of the terms of this agreement. Should any difference of this nature occur, a grievance in writing at the Third Step may
8.04 After exhausting the grievance procedure herein provided, when either party requests that a grievance be submitted to arbitration they shall make such request, in writing, within twenty (20) working days after the grievance has been dealt with in Step Three, addressed to the other party to this Agreement. The arbitration shall be by a single arbitrator who shall be selected from the following agreed upon list. The list shall be processed in rotation.
8.05 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement except that the arbitrator may dispose of any discharge or discipline grievance in any manner which the arbitrator considers just or equitable within the law.
8.06 Arbitration shall be heard at Guelph, Ontario, or at such other place as may be agreed upon by the parties.
8.07 Each of the parties hereto shall bear the expenses of the arbitrator in equal shares.
8.08 Grievances not appealed from the written disposition of the Company's representatives in any of the steps of the grievance being filed and/or initiated, procedure within the times and in the manner specified herein shall be considered as having been adjusted on the basis of the disposition last made and shall not be eligible for further appeal.
8.09 Time limits as outlined in the article may be extended by mutual agreement at the Union/Management level.
8.10 As an alternative to the regular arbitration procedure the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option of mutually agreeing to have refer a Union Representative present at such discussion(s).
15:02 Where post third step grievance to a grievance commissioner in the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerningfollowing procedure:
(a) The applicationCompany and the Union may agree in writing to the appointment of a person or persons as a single arbitrator to be known as a grievance commissioner (where more than one, interpretation or alleged violation of acting in rotation) will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to him hereunder for final and binding arbitration. The grievance commissioner shall have the same powers and be subject to the same limitations as an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesarbitrator under clause 8.05.
(b) Through the grievance commissioner, the parties desire the expeditious means for the effective disposition of grievances that the parties have agreed may be handled in a summary manner. The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to rules governing the Grievance Hearing Stage summary proceedings of the Procedure. The decision at grievance commissioner are set out in this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next steparticle.
(c) Either party may request an extension The decision of the time limits grievance commissioner shall only be applicable in writing where possible the case in question and shall not constitute a precedent nor be used by either party as precedent in future cases. Notwithstanding anything contained in the agreement, the decision of the grievance commissioner shall:
(i) be consistent with the provisions of this agreement;
(ii) be confined to the affected grievance referred to him
(d) The Union and the Company shall each be responsible for one-half the expenses and fees payable to the grievance commissioner.
(e) The parties, when referring a grievance to a grievance commissioner, shall also provide him with a copy of the grievance answers.
(f) The parties provided such extension is requested shall meet prior to the expiry hearing date in order to determine what information or facts can be agreed upon prior to the hearing in order that a statement of facts can be written and provided to each party and the grievance commissioner at the commencement of the time allowedhearings.
(g) The purpose of the hearing is to clarify the issues or facts in dispute and for each party to explain their position. An extensionAt the hearing, if requestedthe parties may make such further representations or adduce such evidence as the grievance commissioner may permit or require, but the grievance commissioner shall not be unreasonably withheldobliged to conform to the rules of evidence.
15:06 Wherever possible, (h) The grievance commissioner must render his decision in writing with brief reasons to both parties within seven (7) days of the conclusion of the hearings. The list of grievance commissioners identified to expedite the disposition of the grievances under 8.10:
(i) The parties shall jointly write to the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated commissioner whose name is next in the grievancesequence of rotation seeking a date for a hearing. The grievance shall be signed by commissioners and the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article sequence of their rotation specified in dispute(h) above.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to 12.01 The Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a written grievance being filed and/or initiatedcomplaint, the parties shall meet employee will be encouraged to review discuss the facts and matter with the employee's Supervisor as soon as possible after the circumstances giving rise to the complaint(s) and shall attempt complaint occurs so that a dispute requiring reference to resolve the matter(s) through discussion and grievance procedure may be avoided wherever possible. As well, prior to the pursuit of reasonable alternatives. The aggrieved employee shall have Union filing a grievance starting at the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employeefinal level, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 aboveas per 12.06, the parties are encouraged to discuss the matter as soon as possible after the circumstances giving rise to the agreement recognized complaint occurs so that a dispute requiring reference to the desirability for a prompt resolution grievance procedure may be avoided wherever possible.
12.02 Where an employee feels himself/herself to be aggrieved by the interpretation or application in respect of the grievance through employee of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of any of the provisions of this Agreement by the Employer, or, as a result of any occurrence or matter affecting the employee's terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Article Act of the Legislative Assembly of New Brunswick, and, where the employee has written consent of the Union respecting any grievance relating to the interpretation or application of this Agreement, the following procedure shall apply: STEP ONE: Within twenty (20) working days after the alleged grievance has arisen or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance, the employee may present the employee's grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in personwriting either by personal service, it may be transmitted by email or by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint on the form authorized by the Labour and Employment Board to the employee's immediate supervisor or the person designated by the Employer as the first level in the following manner:grievance procedure. If the employee receives no reply or does not receive satisfactory settlement within twenty (20) working days from the date on which the employee presented the employee's grievance to the employee's immediate supervisor or to the person designated as the first level in the grievance procedure, the employee may proceed to Final Step. FINAL STEP: Within twenty (20) working days from the expiration of the twenty (20) day period referred to in Step One, the employee may present the employee's grievance in writing at the final level of the grievance process either by personal service, by e-mail or by registered mail to the employee's immediate supervisor or the person designated by the Employer as the final level in the grievance process for the Department in which the employee is employed. Any settlement proposed by the Employer at level one and any reply must accompany the grievance when it is presented at the final level to the person designated as the final level. The person designated as the final level shall reply to the grievance in writing to the employee within fifteen (15) working days from the date the grievance was presented at the final level. Should the employee not receive a reply or satisfactory settlement of the employee's grievance within fifteen (15) working days from the date on which the employee presented the employee's grievance at the final level, the employee may refer the employee's grievance to Adjudication as provided in Article 13 hereof, within fifteen (15) working days of the date on which the employee should have received a reply from the person designated as the final level.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:9.01 Communication
(a) The application, interpretation Any notice or alleged violation advice which the Employer or members of an its administrative staff are required to give to the Local in respect of any matter referred to in this Article shall be sufficient if delivered to the President or the Secretary of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesLocal.
(b) The dismissal, suspension, demotion Any notice or written or verbal reprimand advice which the Local is required to give to the Employer in respect of an employeeany matter referred to in this Article shall be sufficient if delivered to the appropriate party(ies) identified in the Steps of the Grievance Procedure and clauses of this Article.
15:04 Notwithstanding 15:03, an employee may grieve on (c) The hearing of grievances at any unsatisfactory working condition up to stage of the Grievance Hearing Stage Procedure may be held during the normal working day with no loss of basic pay for a participating Employee providing the Employee does not leave the Centre. The Employer may require that grievance be presented outside of working hours if in its reasonable opinion an undue amount of time is being consumed by grievance representatives during working hours.
(d) When a grievance is submitted in writing it shall be accompanied by a written statement which shall clearly set forth the nature of the Procedure. The decision at grievance, the Employee(s) involved if other than the grievor, the remedies sought and if possible, the clause or clauses of this Step shall Collective Agreement said to be final for such grievancesviolated, all in clear and concise terms.
(a) If At the oral discussion and in all steps of this Grievance Procedure an employee aggrieved Employee if she so desires, may be accompanied by or represented by her Local Representative of the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandonedUnion.
(b) If Management fails to reply to a grievance within At the prescribed time limitssteps of the Grievance Procedure, the employee or Union grievor shall process have the grievance right to be represented by the next step.
(c) Either party may request an extension Local as well as a representative of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry United Nurses of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and Alberta if the grievance relates to an Article of grievor so desires or the Agreement, such Article shall be Employer so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputerequests.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated1. Should any difference arise concerning the interpretation, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation operation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum including any letters of Agreement between appended to this Agreement, the partiesParties to this Agreement shall settle the matter as hereinafter provided without stoppage of work.
(b) 2. The dismissalGuild shall designate a committee of its own choosing to take up with Management the said difference and such committee shall not exceed three persons. In the event that Management desires to initiate grievance procedure, suspension, demotion or written or verbal reprimand a duly authorized representative of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage Management shall contact a duly authorized representative of the ProcedureGuild. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail Guild and Management agree to initiate or process meet within five working days after a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits is made in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of by either party stating the nature of the grievance and or difference or dispute.
3. Any issue raised by the redress requested Guild shall be sufficiently clear initiated in the Departments concerned. All grievances shall be initiated as soon as possible after the occurrence giving rise to the dispute or disagreement.
4. Except where otherwise provided in this Agreement, any matter involving the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitral, which is not satisfactorily settled within 10 days of its first consideration, may be submitted to final and if binding arbitration by either party.
5. The Board of Arbitration shall consist of one person appointed by the grievance relates parties. If the parties are unable to agree on an arbitrator within a period of 10 days from the date on which either party has notified the other in writing of its wish to have a question referred to arbitration, the said arbitrator will be appointed by the Minister of Labor of British Columbia. The Board of Arbitration so constituted shall proceed forthwith to settle the dispute in question, and a final and binding decision of the arbitrator shall be handed down within 10 days or as soon as possible after completion of argument. In no event shall the Board have the power to alter or amend this Agreement in any respect. Each party shall pay one-half the fees and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of a stenographic transcript without express consent.
6. Conditions prevailing prior to an Article of the Agreement, such Article shall be so stated action or circumstance which results in the grievance. The a grievance shall be signed by maintained unchanged pending final settlement of the employee and grievance as provided herein, except in cases of discharge when relevant conditions of this Agreement shall be applicable.
7. Whenever a stipulated time is mentioned under this Article, the said time may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage extended by mutual consent of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the actionparties or their nominee.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
GRIEVANCE PROCEDURE.
15:01 Prior (Refer to a written grievance being filed and/or initiatedNational Agreement Section 1.E.1 and Appendix C Issue Resolution) The Employer and the Union encourage open, the parties two-way communication and informal resolution of issues and problems between employees and supervisors. Each party shall meet make every attempt to review the facts understand and circumstances giving rise resolve differences informally before resorting to the complaint(s) Formal Grievance Procedure. Issues may be resolved utilizing the Issue Resolution Process or the Grievance Procedure. Some legitimate differences regarding interpretation and/or the application of this Agreement may, in fact, require a formal grievance process. The purpose of this Article is to promote a prompt and shall attempt to resolve efficient process for the matter(s) through discussion investigation and resolution of grievances. The Employer and the pursuit of reasonable alternativesUnion agree that all disputes will be settled as hereinafter provided. The aggrieved parties also agree that there shall be no lockouts on the part of the Employer or suspension of work on the part of the employees for the duration of the Agreement. Any problems arising in connection with the application or interpretation of this Agreement may be submitted as a grievance by any employee or group of employees in accordance with the procedures provided in this Article. Class action grievances may be filed at step two. The Employer and the Union agree that each shall have the right and/or option to have file a grievance on their own behalf regarding problems that may arise regarding interpretation or application of the Agreement. All grievances shall be submitted in writing and explicitly cite the Article allegedly violated and the requested remedy. All grievances and related requests for review shall be signed by the Grievant or union representative. Grievances, requests for review and decisions shall be delivered in person or by U.S. mail to the appropriate management representative, Grievant and Union Representative present at such discussion(s).
15:02 Where representative. In the employeeevent of a question as to the timeliness of any mailed grievance step or response, the managerpostmark will indicate the end of one step or response and the date of receipt will xxxx the beginning of the next step or response. If the response is by electronic mail, the xxxxxxx and/or union representative if in attendance cannot resolve date the employee’s complaint through response was sent will xxxx the process outlined in 15:01 abovebeginning of the next step or process. Grievances may be, by mutual written consent of the parties parties, referred back for further consideration or discussion to the agreement recognized the desirability for a prompt resolution prior step or advanced to a higher step of the grievance through an orderly process as outlined below procedure. The time limits contained in this Articleprocedure may be extended by mutual, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage agreement of the ProcedureEmployer and the Union. The decision at this Step shall be final for such grievances.
(a) If the Grievant or union representative fails to file an employee or the Union fail to initiate or process a grievance appeal within the prescribe time limits without a reasonable explanationlimit provided, the grievance will be deemed to be abandoned.
(b) have been resolved by the decision at the prior step. If Management the Employer fails to reply to a grievance within maintain the prescribed time limitslimits provided, the employee or Union shall process representative may advance the grievance to the next step. The Grievant and the Union xxxxxxx participating in the grievance and arbitration meetings shall not lose pay associated with regular scheduled work hours for time spent in meetings unless there are “class action” grievances involving more than one Grievant, in which case the parties shall mutually agree on pay issues. Witnesses may be asked to appear at grievance meetings without loss of pay by mutual agreement. Meetings held in accordance with the steps provided in the following procedure shall be scheduled at mutually agreed upon times.
(c) Either party may request an extension STEP 1 It is the intent of the time limits in writing where possible to parties that grievances be adjusted informally and/or at the affected parties provided such extension is requested prior to the expiry first level of supervision whenever possible. Settlements reached at step one of the time allowed. An extension, if requested, grievance procedure shall not be unreasonably withheld.
15:06 Wherever possibleprecedent setting for future similar or dissimilar cases unless specifically agreed to. If an employee has a grievance, the grievance she/he shall be presented present it on the Union Grievance Form. A written description of appropriate form to the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure immediate supervisor within twenty- eight (28) 15 calendar days of the date that from when the employee became aware of the actionevent from which the grievance arose. The grievance shall contain a statement of the issue being grieved, identification of the contract provision violated and a proposed resolution. The immediate supervisor shall meet with the Grievant and representative within 10 calendar days of the receipt of the grievance and attempt to resolve the grievance. The immediate supervisor or a xxxxxxx for a Management grievance shall give a written decision to the Grievant, with a copy to the union, within 10 calendar days after the meeting (xxxxxxx to supervisor if management grievance). If the grievance is not resolved, the Grievant may appeal the decision to step 2 of the grievance procedure within 10 calendar days after receipt of step 1 response.
15:08 Once STEP 2 The Human Resources Consultant or designee, and the appropriate department or area manager shall meet with a grievance has been filed it then becomes Union representative and the property Grievant within 10 calendar days of receipt of the union.
15:09 When a grievance cannot be presented in person, it appeal to attempt to resolve the grievance. Termination grievances may be transmitted by registered mailfiled initially at step 2. The Human Resources Consultant (Union representative if Employer grievance) shall give a written decision to the Union representative within ten calendar days after the meeting. If the grievance is not resolved at step 2, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:Union or Employer shall have fifteen calendar days after receipt of the step 2 response to notify the other party of its intent to advance the grievance either to mediation or to Issue Resolution.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Grievance Procedure Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated(a) STEP 1: If any dispute shall arise concerning the interpretation or application of the Agreement, the parties it shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where be taken up between the employee, with or without the managerWGAE Xxxxxxx or WGAE representative, as the xxxxxxx and/or union representative if in attendance cannot resolve employee may elect, and the employee’s complaint through Company's designated representative. The dispute shall be raised within thirty (30) calendar days from the process outlined in 15:01 abovedate on which the question arose, or the parties to date on which it should reasonably have been known that a dispute existed. Disputes concerning the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation discharge of an Article of this Agreementemployee shall commence at Step 2, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesbelow.
(b) The dismissal, suspension, demotion STEP 2: If any question of interpretation or written or verbal reprimand application of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
Agreement is not settled under paragraph (a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanationabove, the grievance will it shall be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, submitted in writing by the employee or Union shall process by WGAE in the grievance name of the employee, to the next stepCompany's President (or other designee) within thirty (30) calendar days from the date the question was first taken up at Step 1. The written grievance shall include a description of the incident giving rise to the grievance, the specific Article or Articles of the Agreement alleged to be violated, and the remedy requested.
(c) Either STEP 3: Any such question as to interpretation or application of this Agreement which is not settled in accordance with the foregoing paragraphs of this Article may be appealed to arbitration, provided written request is made to the other party within thirty (30) calendar days after the response to the Step 2 grievance is received, as provided for under paragraph (b) above. Such written request for arbitration shall include a description of the incident giving rise to the grievance, the specific Article or Articles of the Agreement alleged to be violated, and the remedy requested. In the event of any such request for arbitration, the Company and WGAE shall attempt to agree upon a mutually satisfactory arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within ten (10) calendar days after written request to arbitrate, the grieving party may request an extension the American Arbitration Association to submit a panel of seven (7) names from which the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance arbitrator shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed chosen by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputeeach party alternately striking names.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 17:01 The parties to a written this Agreement emphasize the necessity of satisfactory grievance being filed and/or initiatedprocedure, the parties shall meet purpose of which is to review provide an orderly and effective process for the facts consideration and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit prompt resolution of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, differences between the parties to this Agreement arising from the agreement recognized application or interpretation of this Agreement.
17:02 An employee has the desirability for right to representation by a prompt resolution of Union representative at any stage in the grievance through an orderly process as outlined below procedure.
17:03 Without limiting the generality of Article 17:01, in this Article, without stoppage of work or refusal to perform work.procedure:
15:03 (a) A grievance is defined as a complaint in writing concerning:
(ai) The application, interpretation interpretation, or alleged violation of an Article of this Agreement, or a signed Letter Memorandum of Understanding, or a signed Memorandum of Agreement between the parties.;
(bii) The dismissal, suspension, demotion demotion, or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, (b) A grievance must be in writing and signed by the employee or employees involved and a Union representative. It may be presented by an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage their own behalf and/or by a Union representative on behalf of the Procedure. The decision at this Step shall be final for such grievancesemployee or group of employees and/or by the Union on behalf of the bargaining unit.
(ac) Grievances presented on behalf of a group of employees, the Union, or related to Article 26 - Layoffs shall commence at Step 2.
(d) The written description of the nature of the grievance shall be sufficiently clear and shall state the redress requested. If an Article(s) of this Agreement is allegedly violated or misinterpreted such Article(s) shall be stated in the grievance.
(e) At any stage of the grievance procedure, the grievor or the Union representative may clarify the written description of the grievance without changing its substance.
(f) The time limits prescribed herein may be extended by written agreement of both parties. Requests for extension(s) shall be made before the expiry date of the time limits. An extension shall not be unreasonably sought nor unreasonably withheld.
(g) An employee or the Union may abandon or withdraw a grievance by giving written notice to the Museum at the step the grievance was last presented. Notwithstanding the provisions of the Labour Relations Act, if an employee or the Union fail fails to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union grievance shall process the be deemed to be abandoned.
(h) The Museum may commence a grievance by presenting a written grievance to the next stepPresident of the Union or a representative of the Manitoba Government and General Employees’ Union in their absence. The Union shall have twenty (20) days to respond to the grievance in writing. If the matter is not thereby settled to the satisfaction of the Museum it may refer the matter to arbitration pursuant to Article 18 of this Agreement.
(ci) Either party may request an extension of the time limits Notwithstanding anything in writing where possible this Agreement to the affected parties provided such extension contrary, in the event that there is requested prior to the expiry an allegation of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possiblea violation of Article 20 of this Agreement, the grievance shall be presented on commence at Step 2. At the Union Grievance Form. A written description conclusion of the nature Step 2 of the grievance procedure, should a grievance concerning an alleged violation of Article 20 of this Agreement not be satisfactorily settled, the matter may only be proceeded to arbitration on the following basis:
(i) The Complainant(s) first refers the matter to the Human Rights Commission of Manitoba.
(ii) If the Museum and the redress requested grievor(s) concur in a final and binding settlement pursuant to the Human Rights Act that the grievance may be heard and shall be sufficiently clear finally resolved at arbitration pursuant to this Agreement, and if the Union concurs in writing, then the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified heard at any step providing arbitration pursuant to this Agreement.
(iii) If the substance settlement to proceed to arbitration is not changed. Except for failure to meet achieved under Article 17:03(i) and (ii) then the time limits, a grievance shall not may only be deemed to be invalid if it is not written on pursued under the Union Grievance Form or for failure to quote the Article in disputeHuman Rights Act of Manitoba.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior The parties intend that every effort shall be made to a written grievance being filed and/or initiatedshare all relevant and pertinent records, papers, data and names of witnesses to facilitate the parties shall meet to review resolution of grievances at the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternativeslowest possible level. The aggrieved following are the implementation steps and procedure for handling grievances: Agency Step 1 - Immediate Supervisor or Designee An employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, having a grievance shall not be deemed file a grievance in the electronic system present it to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure his/her immediate supervisor within twenty- eight fourteen twenty (281420) calendar days of the date that on which the employee became aware grievant knew or reasonably should have had knowledge of the action.
15:08 Once event giving rise to the grievance. The parties shall reference the date the grievance was submitted in the electronic filing system Grievances submitted beyond the twenty (20)fourteen (14) day time limit will not be honored. The grievance at this step shall be submitted to the immediate supervisor in writing using a form mutually agreed upon. The grievance forms may be obtained at each facility. On this form, tThe grievant shall specify the article(s) and/or section(s) of the Agreement which he/she alleges has been filed it then becomes violated, and specify the property remedy sought. The immediate supervisor shall indicate the date and time of his/her receipt of the union.
15:09 When form. Within five (5) days of the receipt of the written grievance, a supervisor shall schedule a meeting with the grievant to discuss the grievance. A Union representative shall attend this meeting. He/she may represent the grievant if requested to do so by that person. The supervisor shall respond to this grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with writing his/her answer on the grievance form and returning a complaint in copy to the following manner:grievant and a copy to the Union within nine (9) days of the meeting required
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association may submit a grievance on behalf of a member or members or withdraw a grievance that has been submitted. Any grievance of an employee or group of employees that arises during the term of the Agreement will be handled as follows:
15:01 Prior Step 1: If the matter remains unsettled after the informal step, or if it is more appropriate to file a grievance, the employee and/or Association representative may submit a written grievance being filed and/or initiatedto the next-level supervisor or designated representative within twenty (20) days of the date the grievant or the Association knows or should have known of the alleged occurrence. The written grievance will cite the appropriate article(s) and section(s) believed to have been violated, the parties shall meet to review the facts remedy sought, and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s)any other relevant written information.
15:02 Where Step 2: If the employee, matter remains unsettled ten (10) days after the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution completion of the grievance through an orderly process as outlined below procedures in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits1, the employee or Union shall process and/or Association representative may submit the grievance to the next stepDirector of Human Resources or designee. The Director of Human Resources or designated representative and the employee and/or Association representative will meet within ten (10) days in an attempt to settle the grievance, dispute or complaint.
Step 3: If no agreement is reached within ten (c10) Either party days after Step 2, the employee and/or the Association representative may file a written request for a meeting with the College president or the president’s designated representative in an extension of attempt to settle the time limits grievance.
Step 4: If no agreement is reached after the meeting with the College President or the President’s designated representative pursuant to Step 3, and the Association intends to pursue the grievance further, the Association must notify the Human Resources office in writing where possible and within twenty (20) days after the president has issued his or her decision at Step 3 of its intent to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, submit the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except a mutually chosen third party arbitrator for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputeresolution.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 8.01 A grievance is defined as any difference arising out of the interpretation, application, administration or alleged violation of this Agreement. Casual, temporary and/or probationary Employees shall have limited access to the grievance procedure. They are to be limited to Step 1 and 2 of section 8.07.
8.02 The time limits specified herein shall not include Saturdays, Sundays and named holidays. Time is of the essence, although the time limits may be extended by the consent of both parties in writing.
8.03 The grievor is entitled to be present at each step of the grievance procedure and may request the aid of a member of the Union Grievance Committee and/or a Union Representative.
8.04 The purpose of the grievance provisions are to ensure that any grievance is processed in an expeditious manner, therefore, compliance with the provisions is mandatory. If the Town fails to comply with the provisions, the grievance may be processed to the next stage by the grievor. If the grievor fails to comply with the provisions, the grievance shall be considered abandoned. An abandoned grievance will not prejudice an Employee's right to submit a subsequent grievance should a similar incident occur at a subsequent date.
8.05 To the extent practical, matters which could lead to the filing of a grievance, should be dealt with initially at a complaint meeting between the immediate supervisor, the Employee and a Union Xxxxxxx if the Employee so wishes.
8.06 To be accepted at any step in the grievance procedure, the grievance shall be in writing concerningand must include a statement of the following:
(a) The application, interpretation or alleged violation the name(s) of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.aggrieved;
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and circumstances out of which it arose;
(c) the redress remedial action the Town is requested to make; and
(d) the Article(s) where the Agreement is claimed to have been violated.
8.07 Every effort shall be sufficiently clear made to settle grievances fairly and if promptly in the manner hereinafter described:
Step 1 The grievor will present the grievance relates in writing to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure Department Head within twenty- eight ten (2810) calendar working days of the date that occurrence or of its coming to the employee became aware attention of the actiongrievor. The meeting between the parties shall take place, with the decision of the Department Head being rendered in writing within ten (10) working days from the receipt of the grievance.
15:08 Once a grievance has been filed it then becomes the property Step 2 Failing settlement at Step 1, and within ten (10) working days after receipt of the union.
15:09 When a written response from the Department Head, the grievance cannot be presented in person, it may be transmitted by registered mailsubmitted in writing to the Chief Administrative Officer. A meeting between the parties shall take place, courier, and/or email. As per 15:01, an employee will deal with a complaint the decision of the Chief Administrative Officer being rendered in writing within ten (10) working days from the following manner:receipt of the grievance at this step.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. D6.01 In cases of alleged misinterpretation or misapplication arising out of Agreements on items which may be included in a Collective Agreement and which the parties to this Agreement have endorsed, the grievance procedure will be in accordance with Article D6.
15:01 Prior D6.02 The parties recognize the value of informal discussion between employees and their supervisors to the end that problems might be resolved without recourse to a written grievance being filed and/or initiatedformal grievance. When an employee, within the parties shall meet time limits prescribed in clause D6.09, gives notice that such employee wishes to review take advantage of this clause, it is agreed that the facts and circumstances giving rise to period between the complaint(s) and shall attempt to resolve the matter(s) through initial discussion and the pursuit final response shall not count as elapsed time for the purpose of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s)grievance time limits.
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if D6.03 An employee who wishes to present a grievance at any prescribed step in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in procedure, shall transmit this Article, without stoppage of work grievance to his immediate supervisor or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:local
(a) The applicationforward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate step, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.and
(b) The dismissal, suspension, demotion or written or verbal reprimand provide the employee with a receipt stating the date on which the grievance was received by him.
D6.04 A grievance of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if by reason only of the fact that it is not written on in accordance with the Union Grievance Form or for failure to quote form supplied by the Article in disputeEmployer.
15:07 Grievances concerning demotionD6.05 Subject to and as provided in Section 208 of the Public Service Labour Relations Act, suspensionan employee who feels that he has been treated unjustly or considers himself aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause D6.03, except that:
(a) where there is another administrative procedure provided by or dismissal under any Act of Parliament to deal with his specific complaint such procedure must be followed, and
(b) where the grievance relates to the interpretation or application of this Collective Agreement or an Arbitral Award, he is not entitled to present the grievance unless he has the approval of and is represented by the Institute.
D6.06 There shall be initiated no more than a maximum of three (3) steps in the grievance procedure.
(a) Step 1 - first level of management;
(b) Step 2 - intermediate step;
(c) Final Step - President or his authorized representative.
D6.07 The Employer shall designate a representative at each step in the Grievance Hearing Stage grievance procedure and shall inform each employee to whom the procedure applies of the Procedure within twenty- eight name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.
D6.08 If he so desires, an employee may be assisted and/or represented by the Institute when presenting a grievance at any step. The Institute shall have the right to consult with the Employer with respect to a grievance at each or any step of the grievance procedure.
D6.09 An employee may present a grievance to the first step of the procedure in the manner prescribed in clause D6.03, not later than the thirty-five (2835) calendar days of after the date that the employee became on which he is notified orally or in writing or on which he first becomes aware of the actionaction or circumstances giving rise to the grievance.
15:08 Once D6.10 An employee may present a grievance at each succeeding step in the grievance procedure beyond the first step either:
(a) where the decision or settlement is not satisfactory to him, within fifteen (15) calendar days after that decision or settlement has been conveyed in writing to him by the Employer, or
(b) where the Employer has not conveyed a decision to the employee within the time prescribed in clause D6.11, within forty (40) calendar days after he presented the grievance at the previous step.
D6.11 The Employer shall normally reply to an employee’s grievance at any step of the grievance procedure within twenty (20) calendar days after the grievance is presented.
D6.12 Where an employee has been represented by the Institute in the presentation of his grievance, the Employer will provide the appropriate representative of the Institute with a copy of the Employer’s decision at each step of the grievance procedure at the same time that the Employer’s decision is conveyed to the employee.
D6.13 Where a grievance has been filed it then becomes presented up to and including the property of final step in the uniongrievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final step in the grievance process is final and binding and no further action may be taken under the Public Service Labour Relations Act.
15:09 When a grievance D6.14 Where the provisions of clause D6.03 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 delivered to the appropriate office of the Agency. Similarly, the Employer shall be deemed to have delivered a reply at any step on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his grievance at the next higher step shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form.
D6.15 The time limits stipulated in person, it this procedure may be transmitted extended by registered mailmutual agreement between the Employer and the employee and, courierwhere appropriate the Institute representative, and/or email. As per 15:01except as provided in clause D6.17.
D6.16 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular step of authority, any or all the steps except the final step may be eliminated by agreement of the Employer and the employee, and where applicable, the Institute.
D6.17 Where the Employer demotes or terminates an employee will deal for cause pursuant to paragraph 12.(2)(c) and 12.(2)(d) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except that:
(a) the grievance may be presented at the final step only, and
(b) the twenty (20) calendar days time limit within which the Employer is to reply at the final step may be extended to a maximum of forty (40) calendar days by mutual agreement of the Employer and the appropriate representative of the Institute.
D6.18 An employee may by written notice to his immediate supervisor or officer-in-charge abandon a grievance.
D6.19 Any employee who fails to present a grievance to the next higher step within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond his control, he was unable to comply with the prescribed time limits.
D6.20 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his grievance or refrain from exercising his right to present a complaint grievance, as provided in this Collective Agreement.
D6.21 Where an employee has presented a grievance up to and including the Final Level in the following grievance procedure with respect to:
(a) the interpretation or application in respect of him of a provision of this Agreement or a related arbitral award, or
(b) disciplinary action resulting in suspension or a financial penalty, or
(c) termination of employment or demotion pursuant to paragraph 12.(2)(c) and 12.(2)(d) of the Financial Administration Act, and the employee’s grievance has not been dealt with to his satisfaction, he may refer the grievance to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.
D6.22 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him of a provision of this Agreement or an Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Institute signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication, and
(b) its willingness to represent the employee in the adjudication proceedings.
D6.23 In case of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement and which the parties to this Agreement have endorsed, the grievance procedure will be in accordance with Part 14 of the NJC By-Laws.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 15.1 This grievance procedure is established to a written grievance being filed and/or initiatedresolve any specific dispute between the employee and the District concerning, and limited to, the parties interpretation or application of the provisions of this Agreement.
15.2 An employee presenting a grievance may elect to be represented by an appropriate Union Representative. At Step 1 or Step 2 of the grievance procedure, the employee may choose to present the grievance without being represented by a Union Representative, provided, however, that the Union Representative shall meet to review be notified of the facts adjustment or settlement of any Step 2 grievance.
15.3 It is recognized and circumstances giving rise accepted by the Union and the District that the processing of grievances as hereinafter provided is limited by job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the complaint(sEmployer during normal working hours, provided that the employee and the Union Representative have notified and received the approval of the Human Resource Department, and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Employer shall not use the above limitation to hamper the processing of grievances.
15.4 A grievance shall be reviewed in the following manner:
Step 1 Any employee claiming a specific disagreement concerning the interpretation or application of the provisions of this Agreement shall, within twenty (20) and working days of its first occurrence or within ten (10) working days of the time the employee reasonably should have knowledge of the occurrence, whichever is later, discuss the complaint orally with the employee’s immediate supervisor (or representative designated by the Director of Human Resources). The immediate supervisor (or representative designated as noted) shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present matter at such discussion(s)that time.
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 Step 2 A grievance is defined as a complaint not resolved in Step 1 and appealed to Step 2 shall be placed in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of setting forth the nature of the grievance grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and the redress requested shall be sufficiently clear and if the grievance relates appealed to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed Step 2 by the employee and may be clarified at any step providing within ten (10) working days after the substance is Employer-designated representative’s final answer in Step 1. Any grievance not changed. Except for failure appealed in writing to meet Step 2 by the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal employee within ten (10) working days shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the actionconsidered waived.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A. A grievance is defined a claim by a bargaining unit member, a group of members of the bargaining unit or the Chapter that there has been a violation, misinterpretation or improper application of the terms and conditions of employment established in this Agreement.
B. In the event a bargaining unit member, a group of bargaining unit members, or the Chapter believes there is a basis for a grievance, the party or parties involved shall first discuss the grievance informally with the Academic Xxxx or their designee.
C. If, as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage result of the Procedureinformal discussion, the grievance is unresolved, the Chapter may invoke the formal grievance procedure on the form provided by the Chapter and signed by the Chapter and the grievant(s). Step One: The decision at this Step shall be final for such grievances.
(a) If an employee grievant or the Union fail to initiate or process Chapter shall file a grievance within the prescribe time limits without a reasonable explanation, 30 calendar days after the grievance will was found to exist or should have been found to exist. The grievance shall be deemed filed, in writing, with the Academic Xxxx and shall state the reasons for the grievance along with the remedy sought. The grievant and the Chapter shall sign said grievance. The Academic Xxxx shall respond to be abandoned.
(b) If Management fails to reply to a the grievance within the prescribed time limits, the employee or Union shall process 15 calendar days. No response automatically moves the grievance to the next step. Step Two: If the Chapter is not satisfied with the disposition of the grievance at Step One, or if no disposition has been made within the time limits, the grievance may be filed with the Vice President for Academic Affairs with a copy to the Director of Human Resources. The Vice President for Academic Affairs shall respond to the grievance within 15 calendar days. No response automatically moves the grievance to the next step. Step Three: If the Chapter is not satisfied with the disposition of the grievance by the Vice President for Academic Affairs or if no disposition has been made within the time limits, the Chapter may appeal the decision to arbitration if and only if the grievance alleges that there has been a violation, misinterpretation or improper application of the written terms of this Agreement. Reemployment rights and course assignments are not grieveable or arbitrable.
(c) Either party D. The only issues involving discipline which may request be submitted to arbitration are those in which a bargaining unit member has been suspended or terminated during a semester in which the bargaining unit member has been actively employed. In any grievance arbitration proceeding regarding termination or suspension, the arbitrator shall be limited to an extension award of the time limits salary the bargaining unit member would have received in the semester but for the termination or suspension. The arbitrator shall have no authority to award reinstatement or any other relief.
E. Such appeal shall be in writing where possible and shall be mailed by the Chapter to the affected parties provided such extension is requested prior to Public Employment Relations Commission and the expiry of the time allowedVice President for Academic Affairs within 15 days. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possibleIf not, the grievance shall be presented on deemed abandoned and terminated.
F. The parties shall obtain a list of arbitrators from the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear Public Employment Relations Commission, and if the grievance relates to parties cannot agree on an Article arbitrator from said list within 10 days, the parties shall be bound by the rules of the AgreementPublic Employment Relations Commission in the selection of an arbitrator. The arbitrator so selected shall confer with the representatives of the College and the Chapter and hold hearings promptly and shall issue a decision no later than 30 days from the date of the close of the hearings. The Arbitrator shall have no power to alter, such Article modify, add to or subtract from the provisions of this agreement. His authority shall be so stated in limited to deciding disposition of a violation of the grievanceexpress written terms of the contract. The grievance arbitrator’s decision shall be signed borne equally by the employee College and the Chapter.
G. The number of days indicated at each level shall be considered as maximum and every effort shall be made to expedite the process. However, time limits may be clarified extended by mutual consent.
H. The College agrees to furnish any documents that may be reasonably or lawfully required to process grievances in accordance with this Article.
I. No reprisals of any kind shall be taken against any unit member for participating in any grievance.
J. A grievance may be withdrawn at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputelevel.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated(a) 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. Grievances shall be presented in writing and shall clearly set forth the grievance and the contentions of the aggrieved party, following which the Union representative or representatives and the Employer representative or representatives shall meet and in good faith shall earnestly endeavour to review settle the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternativesgrievance submitted. The aggrieved employee shall have the right and/or option to have If a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance satisfactory settlement cannot resolve be reached or if the employee’s complaint through party on whom the process outlined in 15:01 abovegrievance has been served fails to meet the other party within fourteen (14) days of receiving the written grievance, either party may, by written notice served upon the parties to the agreement recognized the desirability for a prompt resolution other, require submission of the grievance through an orderly process as outlined below to a Board of Arbitration, such Board to be established in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint the manner provided in writing concerning:
(a) The application, interpretation or alleged violation of an Article Section 18 of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion Grievances involving the dismissal or written or verbal reprimand layoff of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up must be submitted to the Grievance Hearing Stage Employer within ten (10) working days from the date of dismissal or layoff or be waived by the Procedure. The decision at this Step shall be final for such grievances.
aggrieved party, provided notice has been given as required under Section 13 (a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next stepe).
(c) Either party Any employee alleging wrongful dismissal may request an extension place his or her allegation before the Union representative and, if the Union representative considers that the objection of the time limits employee has merit, the dismissal shall become a grievance and be subject to the grievance procedure as established by this Agreement.
(d) The Employer agrees to reply in writing where possible as to the affected disposition of all grievances submitted by the Union.
(e) The parties provided such extension is requested prior by mutual agreement may invoke Section 112 of the British Columbia Labour Code to facilitate the settling of grievances. Section 112 of the B.C. Labour Code states as follows: "Where a Collective Agreement contains the following provision: Where a difference arises between the parties relating to the expiry dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the time allowed. An extensionCollective Agreement, if requestedXxxxx Ready, or a substitute agreed to by the parties, shall not be unreasonably withheld.at the request of either party
15:06 Wherever possible, (a) investigate the grievance shall be presented on difference;
(b) define the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated issue in the grievance. The grievance shall be signed by difference; and
(c) make written recommendations to resolve the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure difference within twenty- eight (28) calendar 5 days of the date that the employee became aware of receipt of the action.
15:08 Once a grievance has been filed it then becomes the property request; and for those 5 days from that date, time does not run in respect of the uniongrievance procedure. The Minister of Finance, on the Minister's requisition, shall pay out of the consolidated revenue fund 1/3 of the cost incurred by the parties for payment of reasonable remuneration, travelling and out of pocket expenses of the person named or his substitute.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:"
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 22:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 22:02 The Union recognizes that each xxxxxxx is employed full time by the Employer and that she/he will not leave his/her work during working hours except to perform his/her duties under this Agreement. Therefore no xxxxxxx shall leave his/her work without obtaining the permission of his/her supervisor.
22:03 An employee, a xxxxxxx and/or a staff rep of the Union shall be allowed to attend meetings scheduled by the Employer during working hours for the purpose of settlement of a grievance without loss of remuneration.
22:04 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have his/her xxxxxxx present at such a discussion. When a grievance cannot be presented in person at any step, it may be transmitted by registered mail.
22:05 A grievance is defined as a complaint in writing concerning:
(a) The Where either party to the Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement, either party may initiate a policy grievance. Such grievances initiated by the Union shall be made to the Executive Director or a signed Letter designate, and such grievances initiated by the Employer shall be made to the President of Understandingthe Union, or a signed Memorandum his/her designate and in either case shall be within ten (10) working dates from the date upon which the initiating party was notified orally or in writing, or on which it became aware, or ought to have become aware of Agreement between the partiesaction or circumstances giving rise to the grievance.
(b) The dismissalWhere the parties fail to resolve a grievance under 05 (a), suspension, demotion or written or verbal reprimand either party may refer the grievance to the arbitration step of an employeethe Grievance Procedure.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) 22:06 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights of recourse to the Grievance Procedure for that particular grievance shall be at an end. If Management the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever 22:07 Whenever possible, the grievance shall be presented on the Union Grievance Forman official grievance form. A The written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The An employee grievance shall must be signed by the employee and may be clarified at any step providing the substance is not changedemployee. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form official grievance form or for failure to quote the Article in dispute. The grievance may be clarified at any step providing its substance is not changed.
15:07 22:08 An employee has the right to representation by a Union xxxxxxx and/or Union representative at any step of the Grievance Procedure.
(a) Step 1
(b) Step 2
1. The Executive Director or designate shall issue a decision in writing to the employee and to the Union within ten (10) working days of receipt of the grievance. The Executive Director or designate may hold a hearing to discuss the grievance with the grievor and/or the grievor’s representatives, which shall not exceed two, before giving a decision on the grievance.
(c) Step 3
22:09 In the case of a dispute arising from the disciplinary demotion, suspension or dismissal of an employee, the grievance shall initially be presented at Step 2, within ten (10) working days of the disciplinary demotion, suspension or dismissal.
22:10 Grievances concerning demotion, suspension, or dismissal layoffs and recalls shall be initiated at Step 2 of the Grievance Hearing Stage of the Procedure within twenty- eight ten (2810) calendar working days of the date that layoff or recall giving rise to the employee became aware grievance.
22:11 Any of the action.
15:08 Once a grievance has been filed it then becomes the property time limits referred to above may be extended by mutual agreement of the unionparties hereto.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties No employee covered by this Agreement shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternativesbe discharged or suspended without cause. The aggrieved employee reasons for such action shall have be reduced to writing and signed by the right and/or option to have Superintendent of Schools. In any case where such action is taken, a Union Representative present at such discussion(s).
15:02 Where meeting with the Board, the employee, and the manager, Union shall be held within ten (10) working days following such action. If the xxxxxxx and/or union representative if in attendance matter cannot resolve be satisfactorily resolved at this meeting, then the employee’s complaint through the process outlined in 15:01 above, the parties provisions of this Article relative to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal mediation shall be available to perform work.
15:03 either party. Definition: A grievance is defined as a complaint in writing concerning:
(a) The applicationby the Union, interpretation an employee, or a group of employees, involving an alleged violation violation, misinterpretation, or misapplication of an Article any provision of this Agreement, work rules, Board Policy, conditions relative to the health or a signed Letter of Understandingphysical safety, or any other matter relative to the working conditions of employees covered by this Agreement. The parties hereto acknowledge that the most desirable manner in which to settle a signed Memorandum of Agreement difference between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve and his supervisor involving a problem, and/or a grievance as defined above, is through an informal discussion. However, the resolution of any problem and/or grievance reached through informal discussion shall not be inconsistent with the terms of this Agreement. Hearings and conferences under the first, second, third, and fourth steps of the grievance procedure shall be conducted at a time and place, which will afford the employee and his representative an opportunity to attend. If the hearings and conferences are held during working hours, all personnel whose presence is required shall be excused without loss of pay for that purpose. The failure to act on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limitslimits will act as a bar to any further appeal through this procedure. All documents, communications, and records dealing with the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension processing of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the a grievance shall be presented on filed separately from the Union Grievance Form. A written description personnel files of the employee, except that the final resolution of any grievance may be contained in the personnel file. All grievances must be submitted in writing and shall state the following: The nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance specifics of the grievance, i.e., time, place, personnel, rules, regulations, rights, etc. involved. The remedy requested. Procedures: In the event that any employee covered by this Agreement shall have a grievance, it shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure reported in writing to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure his/her immediate supervisor (Transportation Supervisor) within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:seven
Appears in 2 contracts
Samples: Bus Drivers Agreement, Bus Drivers Agreement
GRIEVANCE PROCEDURE. 17.01 For the purposes of the grievance and arbitration procedures, "working days" shall be Monday to Friday inclusive, but exclusive of designated holidays.
15:01 Prior 17.02 Time limits for all steps of the entire grievance and arbitration procedure may be extended by written mutual consent.
17.03 Where a difference arises between the parties relating to the interpretation, application, alleged violation or administration of this Agreement, including any question as to whether a written grievance being filed and/or initiatedmatter is arbitrable, the parties difference, referred to as "the dispute" in Step One and thereafter as "the grievance", shall meet be resolved according to review the facts following procedure.
(i) Before the dispute is put in writing, the employee’s immediate manager will have an opportunity to discuss and address the dispute. Within twenty (20) working days following the circumstances giving rise to the complaint(s) and shall attempt to resolve dispute or the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option circumstances ought to have a Union Representative present at such discussion(s).
15:02 Where become known to the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve Union shall request a meeting with the employee’s complaint through immediate manager, who shall arrange a meeting within five (5) working days of receiving the process outlined in 15:01 aboverequest. The employee shall be accompanied by a Site Xxxxxxx or an available Union Representative. Within five (5) working days of the date of the Step One – Dispute Resolution meeting, the parties to manager will advise the agreement recognized Site Xxxxxxx and the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint employee in writing concerning:
(a) The applicationwhether the dispute was denied, interpretation granted or alleged violation of an Article of resolved. Any resolutions reached at this Agreement, step shall be without prejudice or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesprecedent.
(bii) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to if the Grievance Hearing Stage of the Procedure. The decision dispute is not resolved at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possibleOne, the grievance shall be presented put in writing and be signed by the Union and the employee, or the Union on the Union Grievance Form. A written description employee's behalf, and will include the nature of the nature grievance, the remedy sought and shall be sufficiently specific to identify the provisions of the Agreement which are alleged to have been violated. The Union shall file the grievance and the written decision as provided for in Step One with the Executive Director of the respective Community Centre within ten (10) working days following the Step One meeting. The Executive Director shall confer with the Union within fifteen (15) working days after receipt of the grievance at Step Two, and shall advise the Union in writing of her/his decision in respect to the grievance within five (5) working days of the time of the conference. The Grievor shall have the right to be present at the Step Two meeting.
(iii) In the event that the Executive Director does not provide the redress satisfactory to the Union it may within twenty (20) working days after the receipt of the written decision of the Executive Director, forward copies of the grievance and the redress requested written decision as provided for in Step Two to the Director of Employee & Labour Relations. Upon receipt of such copies the Director of Employee & Labour Relations shall, in consultation with the Executive Director, confer forthwith with the Union in an effort to resolve the matter. The Director of Employee & Labour Relations shall be sufficiently clear and if advise the grievance relates Union in writing within fifteen (15) working days after the said conference of her/his decision in respect to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance grievor shall be signed by have the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed right to be invalid if it is not written on present at the Union Grievance Form or for failure to quote the Article in disputeStep Three meeting.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date 17.04 The parties agree that the suspension or discharge of a probationary employee became aware of does not constitute a difference between the actionparties as set out in clause 17.03 above.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 13.01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 13.02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 Article 13.01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Articlearticle, without stoppage of work or refusal to perform work.
15:03 13.03 A grievance is defined as a complaint in writing concerning:
(a) The the application, interpretation or alleged violation of an Article article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.;
(b) The the dismissal, suspension, demotion or demotion, written or verbal reprimand of an employee.
15:04 13.04 Notwithstanding 15:03Article 13.03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage (Step 2) of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanation, the grievance will be deemed to be abandoned, and all rights of recourse to the Grievance Procedure for that particular grievance shall be at an end.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided provide such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 13.06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article article of the Agreement, such Article article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article article in dispute.
15:07 13.07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage (Step 2) of the Procedure within twenty- twenty-eight (28) calendar days of the date that the employee became aware of the action.
15:08 13.08 Once a grievance has been filed it then becomes the property of the unionUnion.
15:09 13.09 When a grievance cannot be presented in person, it may be transmitted by registered mail, regular mail, courier, fax, and/or emaile-mail. Time line for appropriate next step will commence once the grievance is received by the Employer. As per 15:01Article 13.01, an employee will deal with a complaint in the following manner:
(a) Within twenty-one (21) calendar days after the date upon which the employee was notified orally or in writing, or on which the employee first became aware of the action or circumstances giving rise to a concern/ issue, the employee shall meet with management as well as Human Resources and a Xxxxxxx, if requested, to discuss the issues giving rise to the complaint or concern.
(b) A decision in writing shall be given to the employee within fourteen (14) calendar days following the discussion stage above.
(a) If the complaint or concern is not resolved satisfactorily as per the discussion stage, the employee shall submit a grievance to the appropriate Division Vice-President or designate within twenty-one (21) days of receipt of the discussion stage.
(b) The Division Vice-President or designate shall sign for receipt of the grievance and issue a decision in writing to the employee and the Union within twenty-one (21) calendar days of the grievance.
(c) The Division Vice-President or designate may hold a hearing to discuss the grievance with the employee and his Representative before giving a decision on the grievance. The hearing will involve the appropriate Senior Management and Human Resources representation, etc.
(d) If the grievance is not resolved satisfactorily as per the above, the grievance may be referred by the Union to Arbitration in accordance with Article 14.
(a) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an article of this Agreement or a signed Letter of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a Policy Grievance. Where such a grievance is initiated by the Union, it shall be presented at the Grievance Hearing Stage (Step 2) of the Procedure. Where such a grievance is initiated by the Employer, it shall be presented to the Union. In all cases the grievance shall be presented within twenty-eight (28) calendar days from the date of the action giving rise to the grievance.
(b) Where applicable, a grievance relating to a group of employees may be submitted as Group Grievance. Where at all possible a Group Grievance shall be signed by all the individual grievers affected. New names may only be added to the group grievance up to Grievance Hearing Stage (Step 2) of the Grievance Procedure.
(c) Where the parties fail to resolve a grievance under 13.10 (a) or (b), either party may refer the grievance to Arbitration.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 31.01 A grievance is shall be defined as a complaint in writing concerningany difference arising out of an interpretation, application, administration or alleged violation of this Collective Agreement. A grievance shall be categorized as follows:
(a) The application, interpretation or alleged violation an individual grievance is a dispute affecting one (1) Employee. Such grievance shall be initiated at Step 1 of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesgrievance procedure as outlined in Clause 31.05.
(b) The dismissala group grievance is a dispute affecting two (2) or more Employees. Such grievance shall be initiated at Step 1 and processed in the same manner as an individual grievance as outlined in Clause 31.05. A group grievance shall list all Employees affected by the grievance and the results of such grievance shall apply, suspensionproportionately if applicable, demotion or written or verbal reprimand to all Employees listed on the original grievance; or
(c) a policy grievance is a dispute between the Parties which, due to its nature, is not properly the subject of an employee.
15:04 Notwithstanding 15:03individual or group grievance. Such grievance shall be initiated, an employee may grieve on any unsatisfactory working condition up in writing, within fifteen (15) days of the date the aggrieved Party first became aware of, or reasonably should have become aware of, the event leading to the Grievance Hearing Stage of grievance. If the Procedurepolicy grievance is a Union grievance, it shall commence at Step 2. The decision at this Step If the policy grievance is an Employer grievance, it shall be final for such grievances.
directed to the Union President and the Union President shall render a written reply within fifteen (15) days of receipt. Upon receipt of response or failure to reply, the Employer may advance the grievance to arbitration. Notwithstanding 31.01 (a), (b), (c) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanationand 31.05, the parties may mutually agree to advance the grievance to a subsequent step in the grievance process. In the event any management officers as named in the grievance steps are one and the same, the subsequent steps will be deemed to be abandonedhave been complied with.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written It is mutually agreed that all grievance being filed and/or initiateddisputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided and that there shall at no time be any strike, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit tie-ups of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employeeequipment, the managerslow down, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage walk-outs or any other cessation of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedurelockouts. The decision at this Step There shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension no legal proceeding of the time limits in writing where possible to the affected parties any kind before all means of settlement provided such extension is requested prior to the expiry of the time allowedherein are exhausted. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, with a grievance shall not be deemed report same to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure his/her supervisor within twenty- eight ten (2810) calendar days of the date that the employee became aware alleged infraction. No action shall be required of the action.
15:08 Once a employer concerning any grievance has been filed it then becomes not reported within the property of time limit and any further proceeding shall be barred. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the union.
15:09 When a Employer and the Union. In the event that any grievance cannot be presented settled in person, it this manner the question may be transmitted submitted by registered maileither party to settle such promptly with the following steps: Grievances which do not involve the interpretation, couriermeaning, and/or emailor application of any of the provisions of the Agreement may be processed through Step Two, but shall not be arbitrable. As per 15:01, Either party but not an employee may demand arbitration. The demand for arbitration shall be submitted to the American Arbitration Association. The parties shall select an arbitrator in accordance with the rules and procedures of the American Arbitration Association which shall likewise govern the arbitration hearing. The decision of the arbitrator shall be rendered without undue delay and shall be final and binding on both parties. The Arbitrator shall not have jurisdiction to subtract from or modify any of the terms of this Agreement or any written amendments hereof, or to specify the terms of a new Agreement. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision the arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will deal be no interference with a complaint such responsibilities, except as they may be specifically conditioned by this Agreement. The arbitrator shall have no power to rule upon the content of an employee evaluation. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned or could have reasonably earned less any compensation that he/she may have received from any source during the period of back pay including any unemployment compensation. The cost of the Arbitrator’s fee shall be shared equally between the Union and the Board of Education. The term “days” as used in this Article shall mean calendar days throughout the following manner:year including summer recess except that holidays and days during other school recesses will not be counted. The time limits set forth herein shall be strictly adhered to but may be extended by mutual agreement of the parties, confirmed in writing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 16.01 This grievance procedure is not intended to preclude any discussion between Employees, Union representatives and Company representatives. An Employee shall discuss a written complaint with their immediate supervisor or manager before presenting a grievance being filed and/or initiated, through the parties authorized representative of the Union. The supervisor shall meet to review discuss the facts and circumstances giving rise to complaint with the complaint(s) and shall Employee in an attempt to resolve the matter(s) through discussion issue and may remind the pursuit Employee of reasonable alternatives. The aggrieved employee shall have the their right and/or option to have a xxxxxxx or other authorized representative of the Union Representative present at with them during such discussion(s)discussion.
15:02 Where 16.02 If any differences concerning the employeeinterpretation , the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation operation or any alleged violation of an Article this Agreement arise between the Company and/or the Union, or between the Employee(s) and the Company, it shall be processed according to the following grievance procedure. Grievances involving the interpretation, application , operation or any alleged violation of this Agreement, or a signed Letter agreement must have the approval and support of Understanding, or a signed Memorandum of Agreement between the partiesUnion.
(b) 16.03 The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, set out in the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed procedure are mandatory for both parties. In calculating time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the all time limits shall imply calendar days and may be extended by mutual agreement in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowedwriting. An extension, if requested, shall Such agreement will not be unreasonably withheld.
15:06 Wherever possible16.04 If the time limits set out in the Complaint Step, or Step 2 of the grievance procedure are not complied with, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits.
16.05 If the Company fails to meet a time limit, the Union, at its option, may either advance the grievance to the next step or await the Company’s response, in which case no time limit shall apply against the Union until it has received the Company’s response. If the Union fails to meet the time limit the grievance shall be presented on deemed abandoned.
16.06 Employee(s) upon request shall have the Union Grievance Form. A written description of the nature right to be represented at any step of the grievance procedure. The Employee(s) and the redress requested Union representative shall be sufficiently clear given reasonable leave with pay to attend such meetings. The Union shall be given full opportunity to present evidence and if make representations throughout the grievance relates to an Article procedure. Grievance representation by Union Representative may be through phone/videoconference technology.
16.07 The Company and the Union shall provide each other, and the employees, with the names and/or titles of their appropriate designated representatives for purposes of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure procedure as amended from time to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputetime.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior In addition to a written grievance being filed and/or initiatedthe rights of the parties in accordance with sections 123 and 124 of the Police Services Act, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall may attempt to resolve a difference concerning the matter(sinterpretation, application, administration or alleged violation of any of the provisions of this Agreement as follows:
(1) through discussion When a Member of the Association has any complaint, they shall convey orally to the superior responsible for the complaint and the pursuit Member and the superior shall make every effort to resolve the problem at this preliminary stage. Should the Member and the superior fail to resolve the complaint to the satisfaction of reasonable alternativesthe Member, or if the superior fails to discuss, acknowledge or otherwise deal with the complaint the Member may invoke the following procedure in an attempt to remedy the cause for their complaint.
(2) If the complaint is not resolved in step 1, the Member shall reduce a grievance to writing, and present their case to the Management representative, who is the superior to the supervisor in step 1. Every effort shall be made to resolve the grievance at this stage. If the grievance is not resolved to the satisfaction of the Member within five (5) days of presenting the case, the Member may invoke the following procedure in an attempt to remedy the cause of the grievance. Notwithstanding the above options, the Member shall have no right of procedure unless the Member has first attempted to resolve the differences by these procedures.
(3) The Member shall communicate his grievance, in writing, to the official representatives of the Association, setting down all matters pertinent to the dispute.
(4) The Association shall investigate the grievance and if, in the judgement of the Association, the grievance is justified, present such grievance, in writing, to the Chief of Police or his designee for consideration.
(5) The Chief of Police shall hear or receive the grievance and within ten (10) working days communicate in writing his decision relative to the grievance.
(6) The Association shall, if dissatisfied with the ruling of the Chief of Police or his designee or if the Chief of Police fails or refuses to deal with the grievance within the specified time, the Association may file with the Board, in writing, said grievance within twenty (20) days of the date the grievance was submitted to the Chief of Police or his designee.
(7) The Board shall, within twenty (20) days of the receipt of such grievance, cause an inquiry to be held at which hearing either of both parties may introduce evidence in support of their grievance. The aggrieved employee Board shall have a further twenty (20) days after the right and/or option inquiry to have a Union Representative present at such discussion(s)deliver their decision in writing to the interested parties.
15:02 Where (8) The Association may, if dissatisfied with the employeedecision of the Board, or if the managerBoard fails to communicate, acknowledge, or inquire into the xxxxxxx and/or union representative if grievance within the specified time, submit the matter to arbitration as provided in attendance cannot resolve the employee’s complaint through Police Services Act, R.S.O. 1990. Notification of a desire for a Board of Arbitration must be made within twenty (20) days following the process outlined decision of the Board.
(9) Any time limits specified in 15:01 above, this procedure may be enlarged or extended by the consent of the parties to then so engaged in the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform workprocedure.
15:03 A grievance (10) Where a difference between the parties concerns the interpretation, application or administration of this Agreement, including any question as to whether a matter is defined as a complaint in writing concerningarbitrable, or where an alleged violation affects:
(a) The applicationMore than one Member, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.or
(b) The dismissalinterests of either party to this agreement
(11) The word "days" in this Article means calendar days exclusive of Saturdays, suspensionSundays, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03Statutory Holidays, an employee may grieve on any unsatisfactory working condition up to and the Grievance Hearing Stage period of the Procedure. The decision at this Step shall be final for such grievancesGriever's vacation.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Civilian Contract, Civilian Contract
GRIEVANCE PROCEDURE. 7.1 The parties will promptly adjust any complaint, dispute, or controversy involving the interpretation or application of any term or provision of this agreement.
15:01 Prior 7.2 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this agreement.
7.3 Written reprimands, disciplinary suspensions, demotion or termination if appealed, shall be referred to Step Three (3) as set forth below (arbitration).
7.4 Should differences or disputes arise concerning the terms and conditions of this Agreement between the parties to this Agreement or between the bargaining unit employees covered herein and the Sheriff, the aggrieved party to this Agreement or any bargaining unit employee(s), as the case may be, shall be required to use the following procedures.
Step 1 When there is a basis for a grievance, the IUPA representative or the affected bargaining unit employee(s), shall present a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of specifying the nature of the grievance and the redress requested shall be sufficiently clear and if contract provision(s) allegedly violated to the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspensionbargaining unit employee's department head, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure designee, within twenty- eight fifteen (2815) calendar days of the date that on which the employee became aware bargaining unit employee(s) knew or could have reasonably known of the actionoccurrence of the event allegedly giving rise to the grievance. Upon presentation of this written grievance to the department head, or designee, and a copy to the Office of the General Counsel, the bargaining unit employee and the IUPA shall attempt to resolve the dispute and, within fifteen (15) calendar days thereafter, the department head or designee shall render a written decision to both the bargaining unit employee(s) and to the IUPA. If no decision is rendered within the time period, the grievance shall automatically advance to the next step.
15:08 Once Step 2 In the event the aggrieved IUPA representative or bargaining unit employee is not satisfied with the written decision rendered pursuant to Step 1, above, the same written grievance may be presented by the IUPA or the bargaining unit employee, within fifteen (15) calendar days after receipt of the written answer above, to the Sheriff, or his designee, and a copy to the Office of the General Counsel, who shall, within fifteen (15) calendar days of the receipt of same, render a decision in writing. The parties agree that Step 2 is the final step for contractual interpretation grievances filed by a bargaining unit employee(s). For grievances filed by IUPA representative, if no decision is rendered within the time period the grievance shall automatically advance to the next step. In grievances involving discipline under Article 7.3 herein, IUPA or the affected bargaining unit employee may demand arbitration. In all other grievances, only IUPA may demand arbitration. Any demand shall be in writing and shall be presented to the Sheriff and a copy to the Office of the General Counsel, within fifteen (15) calendar days from receipt of the written decision rendered pursuant to Step 2 above. Either party may request a list of eleven (11) arbitrators from the Federal Mediation and Conciliation Service (FMCS). The request for arbitrators will be made by selecting the region designated as “metropolitan”. Each party shall have the right to strike one (1) panel in its entirety, but will be required to pay the cost of the additional panel. Requests to strike the entire panel must be made within seventy-two (72) hours of receipt of the original panel or, if there has been filed it then becomes a new panel requested and the property other party wants to strike that panel, within seventy- two (72) hours of receipt of the unionnew panel. The arbitrator shall be selected from the list submitted by the Federal Mediation and Conciliation Service (FMCS) in accordance with its rules, which rules shall likewise govern the arbitration proceedings. Both parties shall encourage the arbitrator to render his decision not more than thirty (30) days after the arbitration hearing or, where post-hearing briefs are filed, within thirty (30) days of their submission to the arbitrator. The arbitrator shall not be authorized to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He or she shall consider and decide only the specific issue submitted to him or her in writing by the parties and shall not have any authority to make a decision on any other issue beyond that presented in the grievance asserted. The decision shall be based solely upon his/her interpretation of the meaning or application of the express terms of this Agreement or established past practices consistent with the evidence presented. If the arbitrator acts in accordance with this Section, the decision of the arbitrator shall be final and binding. The arbitrator’s fees and expenses shall be borne equally by both parties. The arbitrator shall retain jurisdiction for thirty (30) calendar days to enforce their order. In addition, court reporter services must be selected from a BSO qualified pool. The court reporter attendance and transcript fees shall be borne equally by both parties.
15:09 When 7.5 Application to this procedure shall foreclose and preclude the grievant from appealing to any other available procedure. Nothing in this Article shall require the IUPA to process grievances for employees who are not members of the IUPA, in conformity with Florida law. Employees having selected the procedure contained herein to process a grievance, shall be estopped from and waive the right to use any other available procedure for processing grievances or claims. Nothing herein shall prevent the member from maintaining a claim or cause of action independent and separate of the basis of the grievance canor the relief sought therein. Should any grievance filed by a bargaining unit employee without IUPA representation be resolved, this resolution shall not bind IUPA or any non-participating bargaining unit employee. The Sheriff agrees to promptly provide IUPA with copies of all grievances filed by bargaining unit employees without IUPA representation, and to provide IUPA with copies of the resolutions of said grievances.
7.6 The time limits in this Article shall be presented in personstrictly observed, it and may be transmitted extended only by registered mailwritten agreement of the parties. However, couriergrievances filed by the IUPA on an institutional basis may be filed directly at Step 2 as described above. On a case-by-case basis, and/or email. As per 15:01, an employee will deal with a complaint the parties may mutually agree to bypass any step or steps in the following manner:grievance procedure. A moratorium will be observed annually by the parties during the winter holiday season. The moratorium will commence every December 23 through January 4. If January 4 falls on a Saturday or Sunday, the moratorium will be extended until the end of the next day which is not a weekend day. During the moratorium period all grievance time limits shall be tolled.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 1. The Employer and the Union encourage open, two-way communication and informal resolution of issues and problems between Employees and Managers. Each Party shall make every attempt to a written grievance being filed and/or initiated, the parties shall meet to review the facts understand and circumstances giving rise resolve differences informally before resorting to the complaint(s) Formal Grievance Procedure. Issues may be resolved utilizing the Issue Resolution Process or the Grievance Procedure.
2. Some legitimate differences regarding interpretation and/or the application of this Agreement may, in fact, require a formal grievance process. The purpose of this Article is to promote a prompt and shall attempt to resolve efficient process for the matter(s) through discussion investigation and resolution of grievances. The Employer and the pursuit of reasonable alternativesUnion agree that all disputes will be settled as hereinafter provided. The aggrieved employee Parties also agree that there shall be no lockouts on the part of the Employer nor suspension of work on the part of the Employees for the duration of the Agreement.
3. Any problems arising in connection with the application or interpretation of this Agreement may be submitted as a grievance by any Employee or group of Employees in accordance with the procedures provided in this Article. Class action grievances may be filed at step two.
4. The Employer and the Union agree that each shall have the right and/or option to have file a grievance on their own behalf regarding problems that may arise regarding interpretation or application of the Agreement. All grievances shall be submitted in writing and explicitly cite the Article allegedly violated and the requested remedy. All grievances and related requests for review shall be signed by the Grievant or Union Representative present at such discussion(s)representative.
15:02 Where 5. Grievances, requests for review and decisions shall be delivered in person, by facsimile or by U.S. mail to the employeeappropriate management representative, Grievant and Union representative. In the event of a question as to the timeliness of any mailed grievance step or response, the managerpostmark will indicate the end of one step or response and the date of receipt will mark the beginning of the next step or response. If the response is by electronic mail or facsimile, the xxxxxxx and/or union representative if in attendance cannot resolve date the employee’s complaint through response was sent will mark the process outlined in 15:01 abovebeginning of the next step or process.
6. Grievances may be, by mutual written consent of the parties Parties, referred back for further consideration or discussion to the agreement recognized the desirability for a prompt resolution prior step or advanced to a higher step of the grievance through an orderly process as outlined below procedure.
7. The time limits contained in this Articleprocedure may be extended by mutual, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage agreement of the ProcedureEmployer and the Union. The decision at this Step shall be final for such grievances.
(a) If the Grievant or Union representative fails to file an employee or the Union fail to initiate or process a grievance appeal within the prescribe time limits without a reasonable explanationlimit provided, the grievance will be deemed to be abandoned.
(b) have been resolved by the decision at the prior step. If Management the Employer fails to reply to a grievance within maintain the prescribed time limitslimits provided, the employee or Union shall process representative may advance the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed8. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on The Grievant and the Union Grievance Form. A written description of the nature of xxxxxxx participating in the grievance and arbitration meetings shall not lose pay associated with regular scheduled work hours for time spent in meetings unless there are “class action” grievances involving more than one Grievant, in which case the redress requested Parties shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievancemutually agree on pay issues. The grievance shall be signed by the employee and Witnesses may be clarified asked to appear at any step providing grievance meetings without loss of pay by mutual agreement. Meetings held in accordance with the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint steps provided in the following manner:procedure shall be scheduled at mutually agreed upon times.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to 9.01 For purposes of this collective agreement, a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint difference arising between the parties relating to the interpretation, application, administration or alleged violation of the collective agreement, including any ques- tion as to whether a matter is arbitrable. It is understood that disputes solely over the merits of an academic judge- ment are not grievable.
9.02 The Employer and the Association agree to encourage the prompt and amicable resolution of complaints and the fair and expeditious resolution of grievances. There shall be no discrimination, harassment, or coercion of any kind against a person who elects to use these procedures. The parties agree to be bound by and give prompt and full effect to decisions arrived at under the procedures detailed below, except in writing concerning:those cases where a further stage in the procedures may be invoked.
9.03 The Association shall have carriage of all grievances against the Employer from the Grievance Stage onwards. The Employer shall deal only with the Association with respect to a grievance against the Employer.
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between parties acknowledge that the partiestime limits set out in both the grievance and arbitration procedures must be strictly complied with.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up Failure by the non-grieving party to respond in accord- ance with the Grievance Hearing Stage time-limits set out for each of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, stages of the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union procedures shall process entitle movement of the grievance to the next stepstage of the grievance or arbitration procedure.
(c) Either party may request The parties shall, however, have the right by mutual agreement in writing to extend the time-limits set out in the complaint, grievance and arbitration procedures.
9.05 It is understood that an extension employee has no grievance until she has first brought the complaint to the attention of the time limits Xxxx, or designate, orally or in writing where possible and has given her an opportunity to the affected parties provided such extension is requested prior to the expiry resolve it. A representative of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, Association may represent the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and employee if the grievance relates to an Article of the Agreement, such Article shall be employee so stated in the grievancedesires. The grievance shall be signed by Employee will attend normally a meeting with the employee Xxxx for the purpose of discussing the com- plaint and may be clarified accompanied by a representative of the Association, if the Employee so desires. In exceptional circumstances, the Association may meet with the Xxxx without the Employee, if the Employee so desires. If the complaint is resolved at any step providing this stage, the substance is not changed. Except for failure to meet agreed resolution of the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal matter shall be initiated at reduced to writing by the Grievance Hearing Stage of the Procedure Xxxx or designate within twenty- eight fourteen (2814) calendar days of the date that resolu- tion and the employee became aware complainant shall confirm in writing within seven (7) days his or her acceptance of the action.
15:08 Once resolution. The Association shall be provided with a grievance has been filed it then becomes the property copy of the unionresolution.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternativesSection 1. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint dispute regarding the interpretation of 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 the application and interpretation of the respective local or International Union Agreements shall be processed under the respective Agreement. All jurisdictional disputes between competing crafts employed on this SITE shall be processed in writing concerningaccordance 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 AGREEMENT by both UNIONS and EMPLOYERS who are parties hereto. In this regard, the COORDINATOR and the COUNCIL will take steps to assure the effective functioning of the grievance procedure.
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 that 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) Step 1. A grievance may be filed no later than five (5) working days after the act alleged to constitute a grievance is first discovered. The applicationgrievance must be presented by the UNION or EMPLOYER to the proper Employer or Union representative involved, interpretation or alleged violation of an as the case may be. If the grievance is not resolved within five (5) working days, the grievance shall be reduced to writing, citing the Article and paragraph of this AgreementAGREEMENT which has been allegedly violated. Such written notice shall identify and describe the 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 a signed Letter of Understandingstatement o the relief or remedy sought. The Grievance Procedure Form, or a signed Memorandum of Agreement between the partiesattached hereto, shall be used to initiate all jurisdictional grievances on this SITE.
(b) The dismissalStep 2. If the grievance is not settled at Step 1, suspensionthe written grievance may, demotion no later than five (5) working days after the time limitation set forth above for Step 1, be referred by the grievant UNION or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up EMPLOYER involved to the Grievance Hearing Stage COORDINATOR, for discussion and resolution by the COORDINATOR, if possible. This Shall be referred to as Step 2 of the Grievance Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Site Jurisdictional Agreement, Site Construction Jurisdictional Procedural Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, Section 4.1 For the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article purposes of this Agreement, the term "grievance" means any complaints or a signed Letter disputes arising during the term of Understanding, or a signed Memorandum of Agreement the agreement between the parties.
(b) The dismissal, suspension, demotion Company and the Union or written between the Company and an employee concerning the interpretation of applications of this Agreement or verbal reprimand any claim of breach or violation of this Agreement or concerning any disciplinary action taken against an employee. Nothing in this Agreement shall be construed as restricting the right of an individual employee to adjust any grievance within the Company, provided such adjustment is not inconsistent with the terms of this Agreement and provided a representative of the Union has been given the opportunity to be present at such adjustment. It is encouraged that the employee and his/her xxxxxxx discuss the issue with the employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up 's supervisor in the spirit of trying to resolve the issue before resorting to the Grievance Hearing Stage of the Proceduregrievance procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or places a grievance in the hands of the Union fail to initiate or process and a grievance within Union representative has informed the prescribe time limits without a reasonable explanationCompany that the Union will represent such employee in handling such grievance, the Company will not endeavor to adjust such grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within with such employee without consent of the prescribed Union. The time limits, the employee or Union shall process limitations for the grievance to the next step.
(c) Either party procedure provided for herein may request an extension be extended by mutual agreement of the time limits in writing where possible to Company and the affected parties provided such extension is requested prior to the expiry of the time allowedUnion. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the Such grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint processed in the following manner:
Step 1. The aggrieved employee, through their Union Representative, shall present the grievance, in writing (on a form mutually agreed upon and furnished by the Company) to the employee's immediate supervisor with proper distribution according to the distribution list indicated on the form. The statement of grievance shall set forth the facts involved, the approximate time of their occurrence and/or when the employee first had knowledge of the occurrence, the relief requested and shall be signed and dated by the employee and/or their Union Representative. Grievances shall be presented to the employee's immediate supervisor within eight (8) working days after the employee has knowledge of the event. The immediate supervisor shall then hold a meeting on the matter with the Union Representative within five
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 17.1 A grievance shall be defined as a dispute as to the meaning of specific provisions of this Agreement. Having a written grievance being filed and/or initiateddesire to create and maintain labor relations harmony among them, the parties shall meet hereto agree that they will promptly attempt to review adjust any grievances arising under this Agreement. Should a grievance arise between the facts parties to this Agreement or between the employees covered herein and circumstances the District, the aggrieved party to this Agreement or the employee/employees as the case may be, will have five (5) days from the happening giving rise to the complaint(s) and "grievance" or from the date a reasonable person should have had knowledge thereof to begin the first step of the following procedure as the sole means of settling said grievance in the following manner:
STEP 1 If there is an employee aggrieved, he shall bring his grievance to the attention of his xxxxxxx who shall, if he deems same to be meritorious, attempt to resolve settle the matter(s) through discussion grievance with the General Manager and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up STEP 2 Failing to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, settle the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possibleaccordance with Step 1, the grievance shall be presented on reduced to writing, signed by the Union Grievance Formgrievant or grievants and the xxxxxxx, and submitted to the Director within 72 hours after failing to achieve agreement with the General Manager. A written description The Director shall respond in writing to the grievance within 72 hours of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates receipt thereof. Either party may request a meeting to an Article of the Agreement, such Article shall be so stated in discuss the grievance. The Staff Representative for the Union may participate in any step of the grievance procedure.
STEP 3 With mutual agreement, grievance mediation may be utilized by the parties after Step 2 of the Grievance Procedure is completed. Either party may request to mediate by forwarding a written request within fifteen (15) workdays following the Step 2 answer. If the District and the Union mutually agree to mediate, the time lines for filing a request for arbitration will be suspended subject to the mediation procedure. A party refusing mediation must give written notice of refusal to the other party within ten (10) workdays of the receipt of the request to mediate. If mediation is refused, applicable time limits for appealing a grievance to arbitration contained in this collective bargaining agreement shall commence on the day the refusal notice is received. The parties agree to use the services of the Federal Mediation Conciliation Service (FMCS), the State Employment Relations Board (SERB) or other mutually agreed upon mediation service. Notices of mediation requests are to be signed by both parties and forwarded to the employee and mediator by the moving party. Should the availability of a mediator unnecessarily delay the processing of a grievance, in the opinion of either party, then either party may withdraw its consent to mediation by notifying the other party in writing. The grievance may then proceed to arbitration. The Union may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated represented at the Grievance Hearing Stage mediation by the President, the Chief Xxxxxxx or a Xxxxxxx designated by the President, the grievant and a representative of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:AFSCME Ohio Council
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior (Refer to a written grievance being filed and/or initiatedNational Agreement Section 1.E.1 and Appendix C Issue Resolution) The Employer and the Union encourage open, the parties two-way communication and informal resolution of issues and problems between employees and supervisors. Each party shall meet make every attempt to review the facts understand and circumstances giving rise resolve differences informally before resorting to the complaint(s) Formal Grievance Procedure. Issues may be resolved utilizing the Issue Resolution Process or the Grievance Procedure. Some legitimate differences regarding interpretation and/or the application of this Agreement may, in fact, require a formal grievance process. The purpose of this Article is to promote a prompt and shall attempt to resolve efficient process for the matter(s) through discussion investigation and resolution of grievances. The Employer and the pursuit of reasonable alternativesUnion agree that all disputes will be settled as hereinafter provided. The aggrieved parties also agree that there shall be no lockouts on the part of the Employer or suspension of work on the part of the employees for the duration of the Agreement. Any problems arising in connection with the application or interpretation of this Agreement may be submitted as a grievance by any employee or group of employees in accordance with the procedures provided in this Article. Class action grievances may be filed at step two. The Employer and the Union agree that each shall have the right and/or option to have file a grievance on their own behalf regarding problems that may arise regarding interpretation or application of the Agreement. All grievances shall be submitted in writing and explicitly cite the Article allegedly violated and the requested remedy. All grievances and related requests for review shall be signed by the Grievant or union representative. Grievances, requests for review and decisions shall be delivered in person or by U.S. mail to the appropriate management representative, Grievant and Union Representative present at such discussion(s).
15:02 Where representative. In the employeeevent of a question as to the timeliness of any mailed grievance step or response, the managerpostmark will indicate the end of one step or response and the date of receipt will mark the beginning of the next step or response. If the response is by electronic mail, the xxxxxxx and/or union representative if in attendance cannot resolve date the employee’s complaint through response was sent will mark the process outlined in 15:01 abovebeginning of the next step or process. Grievances may be, by mutual written consent of the parties parties, referred back for further consideration or discussion to the agreement recognized the desirability for a prompt resolution prior step or advanced to a higher step of the grievance through an orderly process as outlined below procedure. The time limits contained in this Articleprocedure may be extended by mutual, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage agreement of the ProcedureEmployer and the Union. The decision at this Step shall be final for such grievances.
(a) If the Grievant or union representative fails to file an employee or the Union fail to initiate or process a grievance appeal within the prescribe time limits without a reasonable explanationlimit provided, the grievance will be deemed to be abandoned.
(b) have been resolved by the decision at the prior step. If Management the Employer fails to reply to a grievance within maintain the prescribed time limitslimits provided, the employee or Union shall process representative may advance the grievance to the next step. The Grievant and the Union xxxxxxx participating in the grievance and arbitration meetings shall not lose pay associated with regular scheduled work hours for time spent in meetings unless there are “class action” grievances involving more than one Grievant, in which case the parties shall mutually agree on pay issues. Witnesses may be asked to appear at grievance meetings without loss of pay by mutual agreement. Meetings held in accordance with the steps provided in the following procedure shall be scheduled at mutually agreed upon times.
(c) Either party may request an extension STEP 1 It is the intent of the time limits in writing where possible to parties that grievances be adjusted informally and/or at the affected parties provided such extension is requested prior to the expiry first level of supervision whenever possible. Settlements reached at step one of the time allowed. An extension, if requested, grievance procedure shall not be unreasonably withheld.
15:06 Wherever possibleprecedent setting for future similar or dissimilar cases unless specifically agreed to. If an employee has a grievance, the grievance she/he shall be presented present it on the Union Grievance Form. A written description of appropriate form to the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure immediate supervisor within twenty- eight (28) 15 calendar days of the date that from when the employee became aware of the actionevent from which the grievance arose. The grievance shall contain a statement of the issue being grieved, identification of the contract provision violated and a proposed resolution. The immediate supervisor shall meet with the Grievant and representative within 10 calendar days of the receipt of the grievance and attempt to resolve the grievance. The immediate supervisor or a xxxxxxx for a Management grievance shall give a written decision to the Grievant, with a copy to the union, within 10 calendar days after the meeting (xxxxxxx to supervisor if management grievance). If the grievance is not resolved, the Grievant may appeal the decision to step 2 of the grievance procedure within 10 calendar days after receipt of step 1 response.
15:08 Once STEP 2 The Human Resources Consultant or designee, and the appropriate department or area manager shall meet with a grievance has been filed it then becomes Union representative and the property Grievant within 10 calendar days of receipt of the union.
15:09 When a grievance cannot be presented in person, it appeal to attempt to resolve the grievance. Termination grievances may be transmitted by registered mailfiled initially at step 2. The Human Resources Consultant (Union representative if Employer grievance) shall give a written decision to the Union representative within ten calendar days after the meeting. If the grievance is not resolved at step 2, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:Union or Employer shall have fifteen calendar days after receipt of the step 2 response to notify the other party of its intent to advance the grievance either to mediation or to Issue Resolution.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 15.01 Subject to a written grievance being filed and/or initiatedSection 123 and 124 of the Police Services Act, any difference between the parties concerning the interpretation, application, administration or alleged violation of any of the provisions of this Agreement shall meet to review be dealt with as follows:
(1) When a civilian member of the facts and circumstances giving rise Shelburne Police Association has any grievance or complaint he/she shall forthwith convey to the complaint(s) Chief in writing all facts relative to the grievance or complaint. The civilian member and the Chief shall make every attempt to resolve the matter(s) through discussion problem at this early stage.If the civilian member of the Association and the pursuit Chief fail to resolve the grievance or complaint to the satisfaction of reasonable alternativesthe civilian member, or if the Chief fails to discuss, acknowledge or otherwise deal with the grievance or complaint, the civilian member may involve the following procedure in an attempt to remedy the cause for his/her complaint or grievance. The aggrieved employee civilian member shall have the no right and/or option of procedure unless he/she has first attempted to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through difference by the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesPreliminary Procedure.
(b2) The dismissal, suspension, demotion After the Chief of Police has heard and received the complaint or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up grievance the Chief shall within five (5) days communicate in writing his/her decision relative to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievancesgrievance and/or complaint.
(a3) If an employee The Association, if dissatisfied with the ruling of the Chief or his/her designee, or if the Union fail Chief fails to initiate or process a refuses to deal with the complaint and/or grievance within the prescribe time limits without a reasonable explanationspecified time, may file with the Board the complaint and/or grievance will be deemed by communicating in writing their decision in the matter to be abandonedthe Board Chairman and Chief.
(b4) If Management The Association may if dissatisfied with the decision of the Board or if the Board fails to reply communicate, acknowledge or inquire into the complaint and/or grievance may be submitted to an arbitrator as provided by the Police Services Act.
15.02 In the event that a grievance within civilian member is suspended from duty, such suspension shall be with pay as per the prescribed time limitsPolice Services Act of Ontario.
15.03 A civilian member who is discharged or suspended from duty may request the Association to investigate the discharge or suspension, and the employee Board may, at the request of the Association, offer reasons for the discharge or Union shall process the grievance suspension to the next stepAssociation, either orally or in writing, at a meeting duly called for the purpose.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 1. The purpose of the Article is to provide a procedure for the consideration of grievances pertaining to a written Contract dispute which is defined as an alleged violation, misapplication, or misinterpretation of the specific provisions of the Contract by a member of the unit.
2. This grievance being procedure applies only to items covered in this Contract, except that a grievance may not be filed and/or initiatedon the content of an evaluation of a member of the unit, or on the parties shall meet District's rights and powers.
3. A member of the unit may present a grievance relating to review the facts and circumstances giving rise a Contract dispute to the complaint(s) District and shall attempt to resolve have such grievance adjusted without the matter(s) through discussion and intervention of the pursuit Association as long as the adjustment is not inconsistent with the terms of reasonable alternativesthis Contract. The aggrieved employee District shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties agree to the agreement recognized the desirability for a prompt adjustment or resolution of the grievance through until the Association has received a copy of the grievance and the proposed resolution, and has been given the opportunity to file a response.
4. Most grievances arise from misunderstandings or disputes which can be settled promptly and satisfactorily on an orderly process informal basis at the immediate administrative level. The District and the Association agree that every effort will be made by management and the aggrieved party to settle grievances at the lowest possible level outlined in Section 12.0. In as outlined below much as dissatisfactions and disagreements arise among people in any work situation, the filing of a grievance shall not be construed as reflecting unfavorably upon a unit member's good standing, performance, loyalty, or desirability to the District. Members of the unit, unit representatives, and all other persons involved in the presentation of a grievance, will be free from restraints, interference, coercion, discrimination, or reprisal.
5. Failure by the administration to adhere to deadlines in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between procedure shall mean the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee grievant may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process move the grievance to the next stepstep (higher level). Failure of the unit member to adhere to the submission deadlines in this grievance procedure shall mean that the unit member is satisfied with the District’s response at the previous step and waives any right to further appeal. However, nothing prevents the parties from extending the dates by mutual agreement.
(c) Either party may request an extension 6. Until final disposition of a grievance takes place, the time limits in writing where possible grievant is required to conform to the affected parties provided such extension is requested prior to the expiry original direction of the time allowed. An extension, if requested, shall not be unreasonably withheldhis/her supervisor.
15:06 Wherever possible, 7. All documents dealing with the processing of a grievance shall be presented on filed separately from the Union Grievance Form. A written description personnel files of the nature participants.
8. Every effort will be made to schedule meetings for the processing of grievances at times which will not interfere with the regular work day of the participants. If any grievance meeting or hearing must be scheduled during the school day, any unit member and a representative of the redress requested Association required by either party to participate as a witness or grievant in such meeting, or hearing, shall be sufficiently clear and if the grievance relates to an Article released from regular duties without loss of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except pay for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputereasonable amount of time.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once 9. When a grievance has been filed it then becomes the property by a member of the unionunit, the grievant may terminate the grievance at any time by giving written notice to the District. Failure of the grievant to attend meetings scheduled by the District to discuss the grievance or to provide requested information at the grievant's disposal relating to the subject matter of the grievance, shall be deemed a termination of the grievance by the member of the unit. The District shall give written notice of such termination to the unit member.
15:09 When 10. The grievant has the right to have a representative present at any step of the grievance cannot procedure. The grievant, however, must be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in present at each step of the following manner:grievance procedure.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Guild and the Publisher believe that the resolution of employees' concerns should begin at the departmental level and that the process should be based on mutual respect. The parties recommend that Steps 1 and 2 described below be followed. The resolution of any concern at Step 1 or Step 2 shall not violate the collective bargaining agreement and shall not set a precedent.
15:01 Prior Step 1. An employee and/or his/her union xxxxxxx shall meet with the employee’s manager to discuss and attempt to resolve any issue arising from the interpretation or application of this Agreement or any matter affecting the relations of the employees and the Publisher. If the issue cannot been resolved, the employee and/or union xxxxxxx may move the matter to Step 2 upon written notification to the Guild, the Director of Employee Relations and the appropriate Division Director.
(b) Step 2. The employee, his/her xxxxxxx and manager and other appropriate persons shall meet in an attempt to resolve the issue. Failure to resolve the issue at Step 2 shall initiate the 120-day period described in Step 3.
(c) The Guild may appoint a committee of its own choosing to take up with the Publisher or his/her authorized agent any matter arising from the interpretation or application of this agreement or any matter affecting the relations of the employees and the Publisher.
(d) Step 3. A grievance shall be submitted only by a written notice from the complaining party to the other party which should be submitted with reasonable promptness, but in no event more than one hundred and twenty (120) days after the event in question is known, or should have been known, by the complaining party. Such notice shall set forth the facts giving rise to the grievance, the ground of complaint and the action sought. The parties agree to meet within five days after request for such meeting.
(e) The Guild grievance being committee and the Publisher or his/her authorized representatives shall make reasonable efforts to settle all differences between the parties under this agreement. In the event a settlement is not reached by the two parties within 35 calendar days after receipt of the notice described (this time may be extended by mutual agreement), any dispute arising out of interpretation or application of this agreement may be submitted to final and binding arbitration by written notice of either party served on the other party. Such notice shall be filed and/or initiatedno later than four (4) months following the expiration of the 35 day time period. This four month period may be extended by mutual agreement of the parties.
(f) Within 10 days of the written notice of arbitration, the parties shall meet to review select an arbitrator to whom the facts grievance of the complaining party shall be submitted. If for any reason the arbitrator has not been selected within 30 days (this time may be extended by mutual agreement), then either party may request an arbitrator be selected through the facilities and circumstances giving rise to in accordance with the complaint(s) and shall attempt to resolve rules of the matter(s) through discussion and the pursuit of reasonable alternativesFederal Mediation Conciliation Service. The aggrieved employee Each side shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesreject one panel.
(bg) The dismissal, suspension, demotion or written or verbal reprimand renewal of this agreement shall not be an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to arbitrable matter under the Grievance Hearing Stage provision of this section. Only matters arising out of the Procedure. The decision at interpretation or application of this Step agreement shall be final for such grievancesarbitrable.
(ah) If an employee or The cost of such arbitration shall be borne equally by the Union fail parties, except that neither party shall be obligated to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension pay any part of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry cost of the time allowed. An extension, if requested, shall not be unreasonably withhelda stenographic transcript without its express consent.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 6.1.1 It is mutually agreed that it is the spirit and intent to adjust as quickly as possible grievances arising from the application of this Agreement. In the event of a written grievance being filed and/or initiateddispute between any member(s) of the bargaining unit and the Authority, in reference to any condition of employment, the parties following shall be the procedure for adjustment thereof:
Step 1: Any dispute to be recognized as a grievance must first be discussed with the Grievor’s immediate Supervisor and Union Xxxxxxx. An oral answer shall be provided to the Grievor before the end of the next workday.
Step 2: Failing a satisfactory settlement at Step 1, the grievance shall within fifteen (15) days of the arising of such a grievance, be submitted in writing to Management who shall meet with the Local Grievance Committee, consisting of not more than three (3) members, to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(sgrievance. Such meeting shall take place within fifteen (15) through discussion and days of submission of the pursuit of reasonable alternativesgrievance. The aggrieved employee Following discussions with the Grievance Committee, Management shall have the right and/or option to have provide a Union Representative present at such discussion(s)written answer within ten (10) days.
15:02 Where Step 3: If the employee, grievance is not to be considered settled on the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution basis of the grievance through an orderly process as outlined below answer provided in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation2, the grievance will shall, by written notice delivered to the Management within fifteen (15) days of the Step 2 answer, be deemed submitted to be abandoned.
(bfinal and binding arbitration. The notice shall contain the complete grievance, settlement requested, and a list of all clauses by specific number alleged to have been violated. Prior to selecting a mutually acceptable arbitrator, a representative of the Union and the Local Grievance Committee may meet with a representative(s) of Management in a further attempt to solve the grievance. If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process parties do not settle the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extensionat this meeting, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article parties cannot agree on the selection of the Agreementa mutually acceptable arbitrator within ten (10) days, a copy of such Article notice shall be so stated in forwarded to the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, Ontario Ministry of Labour with a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date request that the employee became aware of the actionMinistry designate an arbitrator.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 17.01 For the purposes of the grievance and arbitration procedures, "working days" shall be Monday to Friday inclusive, but exclusive of designated holidays.
15:01 Prior 17.02 Time limits for all steps of the entire grievance and arbitration procedure may be extended by written mutual consent.
17.03 Where a difference arises between the parties relating to the interpretation, application alleged violation or administration of this Agreement, including any question as to whether a written grievance being filed and/or initiatedmatter is arbitrable, the parties difference, referred to as "the dispute" in step 1 and thereafter as "the grievance", shall meet be resolved according to review the facts following procedure.
(i) Before the dispute is put in writing, the employee’s immediate manager will have an opportunity to discuss and address the dispute. Within twenty (20) working days following the circumstances giving rise to the complaint(s) and shall attempt to resolve dispute or the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option circumstances ought to have a Union Representative present at such discussion(s).
15:02 Where become known to the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve Union shall request a meeting with the employee’s complaint through immediate manager, who shall arrange a meeting within five (5) working days of receiving the process outlined in 15:01 aboverequest. The employee shall be accompanied by a Site Xxxxxxx or an available Union Representative. Within five (5) working days of the date of the Step One – Dispute Resolution meeting, the parties to manager will advise the agreement recognized Site Xxxxxxx and the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint employee in writing concerning:
(a) The applicationwhether the dispute was denied, interpretation granted or alleged violation of an Article of resolved. Any resolutions reached at this Agreement, step shall be without prejudice or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesprecedent.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(aii) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension dispute is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possibleresolved at Step One, the grievance shall be presented put in writing and be signed by the Union and the employee, or the Union on the Union Grievance Form. A written description employee's behalf, and will include the nature of the nature grievance, the remedy sought and shall be sufficiently specific to identify the provisions of the Agreement which are alleged to have been violated. The Union shall file the grievance and the written decision as provided for in Step One with the Executive Director of the respective Community Centre within ten (10) working days following the Step One meeting. The Executive Director shall confer with the Union within fifteen (15) working days after receipt of the grievance at Step Two, and shall advise the Union in writing of her/his decision in respect to the grievance within five (5) working days of the time of the conference. The Grievor shall have the right to be present at the Step Two meeting.
(iii) In the event that the Executive Director does not provide the redress satisfactory to the Union it may within twenty (20) working days after the receipt of the written decision of the Executive Director, forward copies of the grievance and the redress requested written decision as provided for in Step Two to the Director of Employee & Labour Relations. Upon receipt of such copies the Director of Employee & Labour Relations shall, in consultation with the Executive Director, confer forthwith with the Union in an effort to resolve the matter. The Director of Employee & Labour Relations shall be sufficiently clear and if advise the grievance relates Union in writing within fifteen (15) working days after the said conference of her/his decision in respect to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance grievor shall be signed by have the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed right to be invalid if it is not written on present at the Union Grievance Form or for failure to quote the Article in disputeStep Three meeting.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date 17.04 The parties agree that the suspension or discharge of a probationary employee became aware of does not constitute a difference between the actionparties as set out in Clause 17.03 above.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 21.01 The Association shall appoint a Grievance Committee consisting of up to a written grievance being filed and/or initiated, five (5) persons from among the parties shall meet to review the facts and circumstances giving rise to the complaint(s) members and shall attempt to resolve file the matter(s) through discussion name of the Chairperson annually with the Fire Chief and the pursuit Director of reasonable alternativesHuman Resources, shall be notified of any changes made in the grievance Chairperson throughout the year. The aggrieved employee shall have management of the right and/or option Fire & Emergency Services for the Town will, where possible, ensure that in cases where a Fire Fighter may be subject to have discipline, a Union Representative present at such discussion(s)member of the Association's Grievance Committee is notified and is in attendance. There may arise, however, occasions when immediate disciplinary action must take place or when the Associations representative cannot be available on a timely basis. In these situations, management may take whatever steps it deems necessary to ensure that the appropriate discipline of the Fire Fighter is carried out and a member of the Association's Grievance Committee will be advised as quickly as possible thereafter.
15:02 Where the employee21.02 Should any complaint or grievance arise, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties believed contrary to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or as a signed Letter result of Understandingany action involving an individual member or members of the Association, the Fire Fighter or Fire Fighters concerned with the presence of a member from the Grievance Committee, may then proceed as follows to receive explanation, clarification, or a signed Memorandum settlement of Agreement between the partiescomplaint or grievance.
(b) The dismissal21.03 Stage 1
21.04 Stage 2
21.05 Stage 3
21.06 In the event a grievance is withdrawn, suspension, demotion or written or verbal reprimand the Association will advise the Director of an employeeHuman Resources and the appropriate management representatives in writing.
15:04 Notwithstanding 15:03, an employee 21.07 In cases of discharge the Fire Fighter may grieve on any unsatisfactory working condition up within ten (10) days of receiving notice of such discharge require a hearing of the Committee of the Whole by delivering a notice in writing to that effect to the Grievance Hearing Stage of Clerk. At such hearing the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and Fire Fighter may be clarified at any step providing represented by Counsel. Failing settlement the substance is not changed. Except for failure matter may be referred to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated Arbitration at the Grievance Hearing Stage option of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the actioneither party.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Working Agreement, Working Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, dispute or difference between the Township and/or an employee and/or the Union concerning the interpretation or alleged violation of an Article and/or application and/or compliance with any provisions of this Agreement, or a signed Letter of Understandingthe Township policy manual, the Road Department Rules and Regulations, the Public Works Department standard operating procedures, or disciplinary action. An employee and his supervisor will make a signed Memorandum reasonable effort to resolve potential grievances by informal discussion; and such discussion shall not be considered a condition precedent to disciplinary action by the Township or the filing of Agreement between a grievance by the partiesemployee. In the event that the employee desires to file a grievance, the following procedure shall be followed:
Step 1: Within seven (7) days of the occurrence of the event upon which the grievance is grounded, the aggrieved employee (and the Union, if requested by the employee) shall present the grievance setting forth the alleged facts involved, in writing to the Public Works Department Director (or the acting Director in the absence of the) who shall answer the grievance in writing within seven (7) days of receiving it.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) 2: If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limitsis not adjusted in Step One, the employee or Union shall process (and the Union, if requested by the Employee) may appeal the grievance to the next step.
Township Trustees and/or the Administrator in writing within fourteen (c14) Either party may request an extension days of receipt in writing of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry answer of the time allowedPublic Works Director (or acting Public Works Department) under Step One. An extension, if requested, The Township Trustees and/or the Administrator shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented conduct a hearing on the Union Grievance Form. A written description of the nature of the grievance and answer it in writing within thirty (30) days of receiving it.
Step 3: If the redress requested decision of the Board of Trustees and/or the Administrator is not acceptable to the aggrieved employee, the Union shall notify the Board of Trustees of its decision to seek arbitration, which shall be sufficiently clear and if binding upon the grievance relates to an Article of the Agreement, parties; such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed notice to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article given in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure writing within twenty- eight ten (2810) calendar days of the date that the employee became aware employee's receipt of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or emailTrustees' decision. As per 15:01, an employee will deal with a complaint in the following manner:Within fifteen
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 32.01 A grievance is shall be defined as a complaint in writing concerningany difference arising out of an interpretation, application, administration or alleged violation of this Collective Agreement. A grievance shall be categorized as follows:
(a) The application, interpretation or alleged violation an individual grievance is a dispute affecting one (1) Employee. Such grievance shall be initiated at Step 1 of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesgrievance procedure as outlined in Clause 32.05.
(b) The dismissala group grievance is a dispute affecting two (2) or more Employees. Such grievance shall be initiated at Step 1 and processed in the same manner as an individual grievance as outlined in Clause 32.05. A group grievance shall list all Employees affected by the grievance and the results of such grievance shall apply, suspensionproportionately if applicable, demotion or written or verbal reprimand to all Employees listed on the original grievance; or
(c) a policy grievance is a dispute between the Parties which, due to its nature, is not properly the subject of an employee.
15:04 Notwithstanding 15:03individual or group grievance. Such grievance shall be initiated, an employee may grieve on any unsatisfactory working condition up in writing, within fifteen (15) days of the date the aggrieved Party first became aware of, or reasonably should have become aware of, the event leading to the Grievance Hearing Stage of grievance. If the Procedurepolicy grievance is a Union grievance, it shall commence at Step 2. The decision at this Step If the policy grievance is an Employer grievance, it shall be final for such grievances.
directed to the Union President and the Union President shall render a written reply within fifteen (15) days of receipt. Upon receipt of response or failure to reply, the Employer may advance the grievance to arbitration. Notwithstanding 32.01 (a), (b), (c) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanationand 32.05, the parties may mutually agree to advance the grievance to a subsequent step in the grievance process. In the event any management officers as named in the grievance steps are one and the same, the subsequent steps will be deemed to be abandonedhave been complied with.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior Section 1. Grievance is defined to be any disagreement concerning the interpretation or application of a written grievance being filed and/or initiatedspecific and expressed provision of this Agreement relat- ing to wages, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternativesfringe benefits, or working conditions. The aggrieved employee grievance proce- dure shall have the right and/or option not be used to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article change any provisions of this Agreement, any provisions of the Sheriff's Office Merit Commission, any provisions of the written rules, regulations or policies of the Sheriff's Office/Sheriff or filed for the purpose of getting an established policy, standard or procedure changed.
Section 2. It is understood and agreed that a signed Letter written grievance, under this Agreement, in order to be valid, must allege a direct violation of Understandingthe express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties of this Agreement that a written grievance shall not be valid if such written grievance is based upon an express limitation thereon.
Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact nature of the grievance, the act or acts of commission or omission, the exact date of the act or acts of com- mission or omission, the identity of the party or parties who claim to be ag- grieved, the identity of the party or parties alleged to have caused the griev- ance, if known, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought.
Section 4. An employee shall raise any matter of disagreement with his/her immediate supervisor, outside the bargaining unit represented by the FOP, in order to informally resolve as many matters as possible. In the event that satisfac- tory agreement is not or cannot be reached under such a procedure, the following procedure shall be used in the submission of a grievance, as de- fined in Section 1 of this Article, to wit:
Step 1. An employee who has a grievance shall present the grievance in writing to the Chief Deputy, or his designated representa- tive, within seven (7) calendar days from the date on which the employee becomes aware of his grievance. The Chief Deputy, or his representative, shall arrange a signed Memorandum meeting with the employee within seven (7) calendar days after the receipt of Agreement between the parties.
written grievance. The Chief Deputy, or his representa- tive, shall render a written decision within seven (b7) The dismissalcalendar days from the date of such meeting. Failure of the Chief Dep- uty, suspensionor his representative, demotion to set such meeting or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance deci- sion within the prescribe time limits without a reasonable explanationallotted time, shall mean the grievance will be deemed to granted in favor of the employee. If such meeting and written decision do not resolve the grievance, it may be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to processed through the next step.
Step 2. If satisfactory settlement is not reached under Step 1 hereof, the written grievance, with all correspondence attached, may be presented to the Sheriff within seven (c7) Either party may request an extension calendar days from the expiration of the time limits set forth in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievanceStep 1. The grievance Sheriff shall be signed by arrange a meeting with the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight seven (287) calendar days after the receipt of the written griev- ance. The Sheriff shall render a written decision within seven (7) calendar days from the date that the employee became aware of such meeting. Failure of the action.
15:08 Once a Sheriff to render such written decision shall mean the grievance has been filed it then becomes the property will be granted in favor of the unionemployee. If such meeting and decision do not resolve the grievance, the em- ployee may take whatever action he or she may wish.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Labor Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 43:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 43:02 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, Agreement or a signed Letter Memorandum of Understanding, Understanding or a signed Memorandum of Agreement between the parties.;
(b) The dismissal, suspension, demotion demotion, written reprimand or written appeals to open competition or verbal reprimand reclassification of an employee.
15:04 43:03 Notwithstanding 15:03Article 43:02, an employee may complain or grieve on any unsatisfactory working condition up to the Grievance Hearing Stage and including Step 1 of the Proceduregrievance procedure. The decision at this Step 1 shall be final for such grievances.
(a) Where a grievance has been initiated and the nature of the grievance is such that it has or potentially could have widespread application affecting a number of employees and where as a result the Union deems it impractical that each affected employee grieve separately, the Union shall have the right to present a group grievance on those matters as defined in Article 43:02 (a). A group grievance shall be presented within twenty (20) working days following the date upon which the employee(s) were notified orally or in writing or on which the employee(s) first became aware of the action giving rise to the grievance.
(b) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. Where such a grievance is initiated by the Union, it shall be presented to the Director of ALS Canada Ltd. Where such a grievance is initiated by the Employer, it shall be presented to the President of the Manitoba Government Employees’ Union. In all cases the grievance shall be presented within twenty (20) working days from the date of the action giving rise to the grievance.
(c) Where the parties fail to resolve a grievance under Article 43:04 (a) or 43:04 (b), either party may refer the grievance to Arbitration. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(d) Notwithstanding Article 43:06 a grievance filed under Article 43:04 (b) shall not require the signature of an employee.
43:05 If an employee or the Union fail fails to initiate or process a grievance grievances within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights of recourse to the grievance procedure for that particular grievance shall be at an end. If Management management fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 43:06 Wherever possible, the grievance shall be presented on the Union Grievance Formofficial grievance form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates related to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the its substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form official grievance form or for failure to quote the Article in the dispute.
15:07 Grievances concerning demotion, suspension, or dismissal 43:07 It is mutually agreed that an effort shall be initiated made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a representative present at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once such a grievance has been filed it then becomes the property of the union.
15:09 discussion. When a grievance cannot be presented in personperson at any step, it may be transmitted by registered mailmail or courier.
43:08 An employee has the right to representation by a Union representative at any step of the grievance procedure.
(a) Within twenty (20) working days after the date upon which the employee was notified orally or in writing or on which the employee first became aware of the action or circumstances giving rise to the grievance, courierthe employee shall present the grievance with the redress requested to the Director.
(b) The Director shall sign for receipt of the grievance and shall issue a decision in writing to the employee and to the Union within fifteen (15) working days.
(c) The Director may discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance.
(a) If the grievance is not resolved satisfactorily at Step 1, and/or email. As per 15:01the employee shall submit the same grievance and the redress requested to the President or designate of ALS Canada Ltd. within fifteen (15) working days of the receipt of the decision at Step 1.
(b) The President or designate shall sign for receipt of the grievance and issue a decision in writing to the employee and to the Union within fifteen (15) working days of receipt of the grievance.
(c) For those grievances defined in accordance with Article 43:02, an the President or designate may hold a hearing to discuss the grievance with the employee will deal with and the employee’s representative before giving a complaint in decision on the following manner:grievance.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to 20.01 When there is a written grievance being filed and/or initiateddispute regarding the interpretation, application, operation or alleged violation of this Agreement, the parties Union or the Employer may advance a grievance in accordance with this procedure.
20.02 Neither the Employer nor the Union shall meet be required to review consider or process any grievance which arises more than ten (10) calendar days after:
(a) the facts and date on which the employee was notified orally or in writing of the action or circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.grievance; or
(b) The dismissalthe date on which the employee first became aware of the action or circumstances giving rise to the grievance; or
(c) if the action or condition is of a continuing or recurring nature, suspensionthis limitation period will not begin to run until the action or condition has ceased. This limitation period shall not apply to payroll errors or differences arising between the parties hereto relating to the interpretation, demotion application or written or verbal reprimand administration of an employeethis Agreement.
15:04 Notwithstanding 15:0320.03 As an informal step, an employee may grieve on any unsatisfactory working condition up is encouraged to make an xxxxxxx effort to resolve the Grievance Hearing Stage of issue directly with the ProcedureManagement person to whom the employee reports. The decision at this Step shall employee may choose to be final for such grievancesaccompanied by a Xxxxxxx.
20.04 Procedure
(a) If an employee has been unable to resolve a difference informally with the Employer, the employee will submit or the Union fail to initiate or process have submitted on their behalf and with their consent, a grievance within the prescribe time limits without in writing by letter or using a reasonable explanation, the grievance will be deemed to be abandonedform.
(b) If Management fails to The party receiving the grievance shall reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to in writing no later than seven (7) days following the next stepday upon which the grievance was received.
(ca) Either If the grievance is not settled at Step 1, the grieving party may request an extension of shall submit, in writing, a Step 2 grievance within seven (7) days following the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheldStep 1 response.
15:06 Wherever possible, the grievance (b) The Parties shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates meet to an Article of the Agreement, such Article shall be so stated in discuss the grievance. The party receiving the grievance shall be signed reply in writing within seven (7) days from the date of the meeting.
20.05 The parties agree that the timelines established by the employee this Grievance Procedure are mandatory, and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee comply will deal with a complaint result in the following manner:grievance being deemed abandoned. However, the parties may waive or extend the timelines by mutual agreement.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. Step 1.
15:01 Prior a. Any employee who believes he or she has a specific justifiable request or complaint in regard to wages, hours, conditions of employment or interpretation of this Agreement shall discuss the same with his immediate supervisor with, or without, a written grievance Union representative being filed and/or initiatedpresent, as the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall employee may elect, in an attempt to resolve settle the matter(s) through discussion issue. Any solution or settlement shall be consistent with the terms and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article provisions of this Agreement. Any issue not raised within fifteen (15) working days after its occurrence, or a signed Letter after the aggrieved became aware or should have become aware of Understandingthe alleged violation, shall be deemed waived or a signed Memorandum of Agreement between abandoned. If the parties.
issue is not settled within five (b5) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up days after its presentation to the Grievance Hearing Stage of supervisor, the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail representative may proceed to initiate or process a grievance within the prescribe time limits without a reasonable explanation, Step 2 of the grievance will be deemed to be abandonedprocedure within seven (7) working days.
b. In case of discharge, either party may unilaterally waive Step 1 and proceed directly to Step 2. An employee notified of warnings, in writing, shall be expected to sign such notice as acknowledgment of receipt, but such signing shall in no way constitute agreement with the contents of such notice.
a. Upon invocation of Step 2, any complaint not resolved under Step 1 shall be reduced to writing, setting forth the alleged violation, date, those involved and location and presented to Labor Relations. The Employer representative and the Union Business Representative shall meet within seven (b7) If Management fails working days to reply attempt to settle the same. The answer to a grievance shall be reduced to writing and forwarded to the grievant's representative within seven (7) working days after the prescribed parties have met.
b. If a satisfactory solution was not arrived at in Step 2, then Step 3 may be invoked within seven (7) working days following receipt of the unsatisfactory written answer by notifying the Employer representative in writing.
a. If an issue cannot be resolved in accordance with the procedures described above the moving party may elect to refer the matter to an impartial arbitrator by giving written notice upon the Director of Labor Relations or his designated representative indicating its desire to arbitrate. The Written demand for arbitration shall set forth the grievance to be arbitrated, the Article(s) of the Agreement alleged to have been violated, and the relief sought. Representatives of the Union and the Employer shall attempt to select an arbitrator from a permanent panel of five (5) arbitrators consisting of Xxxx Xxxxxxx, Xxx Xxxxxx, Xxxx Xxxxxx Xxxxxxxx, Xxx Xxxxxxxx, and Xxxxxxx Xxxxxxxx to hear and determine the specific grievance. If an arbitrator is no longer available to serve on this panel, the Employer and the Union may agree on a new individual as a replacement. In the event they cannot reach agreement, the required replacements shall be selected through an alternate striking procedure from a panel of five arbitrators who are members of the National Academy of Arbitrators obtained from the Federal Mediation and Conciliation Service (FMCS). Either the Employer or the Union may ask the FMCS for a second panel and the arbitrator shall be chosen by striking from the second panel. In the event an arbitrator cannot be mutually agreed upon within five (5) working days after the written demand for arbitration has been served, the Union shall first strike one (1) name from the list and the Employer shall then strike one (1) name, thus alternating until the remaining name shall be the arbitrator. The arbitrator shall render a decision within thirty (30) days from the time limitsthe matter stands submitted. The arbitrator shall not have any authority, jurisdiction or power to alter, amend, change or modify, add to or subtract from any of the provisions of this Agreement. The arbitrator shall have the power and authority to award appropriate relief and to remedy any violations of this Agreement and to preclude any such further violations, but he shall not have the power or authority to award punitive or exemplary damages. The award of the arbitrator shall be final and binding upon the Union, the employee or involved, and the Employer.
b. Upon written mutual agreement of the parties in disciplinary/termination cases only, the Employer and the Union shall process the may mutually agree to submit a grievance to expedited arbitration. In expedited arbitrations, no court reporter shall be used. A day of hearing shall begin at 9:00 a.m. and end no earlier than 5:00 p.m. unless the next stephearing is finished sooner. The arbitration proceedings must be continuous to a conclusion, scheduling additional days if necessary which shall be consecutive with the first day unless otherwise mutually agreed. No briefs may be submitted; the case may be argued orally after evidence is taken. The arbitrator must render an oral bench decision and written award (without opinion) immediately following the close of the hearing. Each party will bear its own costs and will share equally the fees and expenses of the arbitration. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employee(s).
(c) Either party c. All time limits may request an extension be extended by mutual consent of the time limits in writing where possible to the affected parties provided such parties. Such a request for extension is requested prior to the expiry of the time allowed. An extension, if requested, by either party shall not be unreasonably withhelddenied. Noncompliance with the time limits or mutual extension thereof, on the part of the moving party, shall result in forfeiture of that party's position.
15:06 Wherever possible, d. The fees and expenses of the grievance Arbitrator shall be presented on borne by the Union Grievance Formparty against whom the Arbitrator makes a decision. A written description Expenses and fees associated with the use of the nature of the grievance and the redress requested a Court Reporter, if used, shall be sufficiently clear borne by the Party requesting such services, unless otherwise mutually agreed to by the Parties. Unilateral withdrawal, postponement, and if the grievance relates to an Article of the Agreement, such Article cancellation expenses and fees shall be
e. Calculations for any retroactivity regarding tips and/or gratuities shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance based on declared tips and/or gratuities.
f. Employees changing their personal status (name or social security number) shall not be deemed subject to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the disciplinary action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 17:01 The parties to a written this Agreement emphasize the necessity of satisfactory grievance being filed and/or initiatedprocedure, the parties shall meet purpose of which is to review provide an orderly and effective process for the facts consideration and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit prompt resolution of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, differences between the parties to this Agreement arising from the agreement recognized application or interpretation of this Agreement.
17:02 An employee has the desirability for right to representation by a prompt resolution of Union representative at any stage in the grievance through an orderly process as outlined below procedure.
17:03 Without limiting the generality of Article 17:01, in this Article, without stoppage of work or refusal to perform work.procedure:
15:03 (a) A grievance is defined as a complaint in writing concerning:
(ai) The application, interpretation interpretation, or alleged violation of an Article of this Agreement, or a signed Letter Memorandum of Understanding, or a signed Memorandum of Agreement between the parties.;
(bii) The dismissal, suspension, demotion demotion, or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, (b) A grievance must be in writing and signed by the employee or employees involved and a Union representative. It may be presented by an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage their own behalf and/or by a Union representative on behalf of the Procedure. The decision at this Step shall be final for such grievancesemployee or group of employees and/or by the Union on behalf of the bargaining unit.
(ac) Grievances presented on behalf of a group of employees, the Union, or related to Article 26 - Layoffs shall commence at Step 2.
(d) The written description of the nature of the grievance shall be sufficiently clear and shall state the redress requested. If an Article(s) of this Agreement is allegedly violated or misinterpreted such Article(s) shall be stated in the grievance.
(e) At any stage of the grievance procedure, the grievor or the Union representative may clarify the written description of the grievance without changing its substance.
(f) The time limits prescribed herein may be extended by written agreement of both parties. Requests for extension(s) shall be made before the expiry date of the time limits. An extension shall not be unreasonably sought nor unreasonably withheld.
(g) An employee or the Union may abandon or withdraw a grievance by giving written notice to the Museum at the step the grievance was last presented. Notwithstanding the provisions of the Labour Relations Act, if an employee or the Union fail fails to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union grievance shall process the be deemed to be abandoned.
(h) The Museum may commence a grievance by presenting a written grievance to the next stepPresident of the Union or a representative of the Manitoba Government and General Employees’ Union in their absence. The Union shall have twenty (20) days to respond to the grievance in writing. If the matter is not thereby settled to the satisfaction of the Museum it may refer the matter to arbitration pursuant to Article 18 of this Agreement.
(ci) Either party may request an extension of the time limits Notwithstanding anything in writing where possible this Agreement to the affected parties provided such extension contrary, in the event that there is requested prior to the expiry an allegation of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possiblea violation of Article 20 of this Agreement, the grievance shall be presented on commence at Step 2. At the Union Grievance Form. A written description conclusion of the nature Step 2 of the grievance procedure, should a grievance concerning an alleged violation of Article 20 of this Agreement not be satisfactorily settled, the matter may only be proceeded to arbitration on the following basis:
(i) The Complainant(s) first refers the matter to the Human Rights Commission of Manitoba.
(ii) If the Museum and the redress requested grievor(s) concur in a final and binding settlement pursuant to the Human Rights Act that the grievance may be heard and shall be sufficiently clear finally resolved at arbitration pursuant to this Agreement, and if the Union concurs in writing, then the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified heard at any step providing arbitration pursuant to this Agreement.
(iii) If the substance settlement to proceed to arbitration is not changed. Except for failure to meet achieved under Article 17:03(i) and (ii) then the time limits, a grievance shall not may only be deemed to be invalid if it is not written on pursued under the Union Grievance Form or for failure to quote the Article in disputeHuman Rights Act of Manitoba.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:17:04 Step 1
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 17.1 A "grievance" is a written allegation by a member of the bargaining unit that the employee has been adversely affected by a violation, misapplication, or misinterpretation of an express provision(s) of this Agreement. An action to challenge application(s) of Board policies, administrative directives, rules, or procedures over matters not contained in this Agreement are not grievances under the provisions of this Article and shall be undertaken pursuant to such separate administrative procedures as established by the Board of Trustees. For all matters which have specified review procedures, such procedures shall be the sole method of review or challenge (e.g., Affirmative Action/PERB). A grievance may be filed by a unit member or by the Exclusive Representative. The grievant may elect to be represented by the Exclusive Representative at all formal levels of the grievance procedure and must inform the District in writing.
15:01 Prior 17.1.1 The grievant, a designated bargaining unit representative, and witnesses employed by the District, if any, participating in the processing of the grievance, shall suffer no loss in pay while attending meetings or appointments necessitated by the grievance which are mutually scheduled by the District and the Exclusive Representative.
17.1.2 An employee may present a grievance to the Employer and have such grievance adjusted without the intervention of the Exclusive Representative. Ifthe employee elects not to be represented by the Exclusive Representative, the employee shall sign a waiver to that effect.
17.1.3 Any adjustment shall not be inconsistent with the terms of this Agreement. The Employer shall not agree to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as until the Exclusive Representative has received a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature copy of the grievance and the redress requested shall be sufficiently clear proposed resolution and if the grievance relates has been given an opportunity to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, file a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputeresponse.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 17.2 Once a grievance has been filed initiated, all matters of dispute relating to it then becomes which occur during the property processing of the uniongrievance shall become a part of and be resolved in the grievance proceeding. Once a grievance has been resolved or a final decision rendered, no grievant shall be entitled to initiate a new grievance on any matter or occurrence which properly could have been included in the first grievance.
15:09 When 17.3 Time limits may be extended or shortened by mutual agreement of the grievant and the District.
17.3.1 Failure of the grievant or the grievant's representative to adhere to the time limits of this Article shall constitute waiver of the grievance and acceptance of the District's action or decision at the appropriate level.
17.3.2 If a Level One grievance or a Level Two appeal is filed within five days of a scheduled off-duty day for the grievant, the applicable time lines set forth in paragraphs 17.7.2, 17.7.3, 17.8.2.1, 17.8.3, 17.8.4.4, or 17.9 shall be tolled at request of the grievant.
17.4 No reprisal will be taken by the District against any grievant or participant in the grievance procedure by virtue of such participation. Forms and documents prepared solely for the processing of a grievance canshall be maintained in a separate file and shall not be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint placed in the following manner:employee's personnel file.
17.5 Until final disposition of the grievance takes place, the grievant shall conform to the original direction of the District.
17.5.1 If a grievance arises at a level above the employee's immediate supervisor, the initial filing, which shall comply with the provisions of Level One, shall be made at Level Two.
17.5.2 If at any time during the processing of a grievance prior to the conclusion of Level Two, one or more other grievances are timely filed by any employee(s) involving the same or essentially the same facts and issues, the Superintendent/President may determine that the later filed grievances shall be consolidated with and heard together starting at the level at which the earliest grievance is then pending.
17.6 Prior to filing a formal grievance, and within 10 days after the grievant knows or reasonably should have known of the circumstances which form the basis of the grievance, the employee should discuss the problem with the immediate supervisor. The immediate supervisor should attempt to adjust the problem and shall respond verbally within five days of the meeting.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. (a) Any dispute, grievance or misunderstanding (hereinafter called "grievance") involving occupational classification, wages, seniority, hours of work or other working conditions which any employee may desire to discuss and adjust with the Company shall be handled as follows:
15:01 Prior Step 1 The employee shall take up his/her grievance directly with the Supervisor of his/her department. However, when the employee believes that he/she cannot properly express or explain his/her difficulties to a written his/her Supervisor, he/she may be accompanied by his/her xxxxxxx.
Step 2 If the grievance being filed and/or initiated, is not adjusted by the parties shall meet Supervisor within forty-eight (48) hours after the grievance has been submitted to review him/her under the facts and circumstances giving rise provisions of Step 1 the employee may report the matter to the complaint(s) and shall attempt xxxxxxx elected to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where represent his/her group who, together with the employee, may take up the managermatter with the Supervisor and shall at the same time present a written summary of the grievance.
Step 3 If the Supervisor does not settle the matter to the satisfaction of the employee and the Union within forty-eight (48) hours after the grievance has been submitted to him/her under the provisions of Step 2 hereof, the employee and the Chief xxxxxxx and/or union representative if shall request a meeting in attendance canwriting and take up the matter directly with the department Manager.
Step 4 If a satisfactory settlement is not resolve obtained within forty-eight (48) hours after the employee’s complaint through matter has been discussed with the process outlined Manager, in 15:01 aboveaccordance with Step 3 hereof, the parties Chief Xxxxxxx may submit the grievance in writing to the agreement recognized Union Grievance Committee with a copy to the desirability for Plant Director or his/her appointee. The Union Grievance Committee may then discuss it with the Plant Director or his/her appointee at a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal time to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesbe agreed upon.
(b) The dismissal, suspension, demotion All decisions arrived at by agreement between the Plant Director or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on his/her appointee and the Union Business Representative and Grievance Committee with respect to any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step grievance shall be made in writing and shall be final for such grievances.
(a) If an employee or and binding upon the Company and the Union. In the event that no agreement is reached the Company will confirm its decision in writing to the Union fail to initiate or process a grievance within Grievance Committee and the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next stepBusiness Representative.
(c) Either party may request an extension of the time limits Nothing in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, this agreement shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on take away the Union Grievance Form or for failure right of an individual employee to quote present any personal complaint to the Article in disputeCompany.
15:07 Grievances concerning demotion, suspension, or dismissal shall (d) A grievance need not be initiated at entertained nor retroactive adjustment made by the Grievance Hearing Stage of Company unless the Procedure grievance is presented in writing within twenty- eight thirty (2830) calendar days of the date that the employee became aware of the action.
15:08 Once a incident which gave rise to the grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:or if more than three
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Any dispute concerning the interpretation or application of this agreement, the following procedure will apply:
15:01 Prior SECTION 1. In the event that a dispute arises on a job, it shall be first reported to the Employer and/or the Business Agent of the District Council who shall then attempt to adjust said grievance or dispute at the job site level.
SECTION 2. If the dispute is not resolved by the Employer or the Business Agent of the District Council, the Employer and District Council shall attempt to adjust said grievance or dispute.
SECTION 3. If the grievance or dispute is not satisfactorily adjusted by the District Council or otherwise authorized Union Representative and the Employer or his representative within three (3) days after submission to the Employer, the matter may be submitted by either party to a permanent Board of Adjustment consisting of two (2) members representing the District Council and two (2) members representing the Employer, created for settlement of such disputes.
SECTION 4. The grieving parties shall specify in writing the date(s) of the alleged violation(s), the nature of the alleged violation(s), and the specified provision(s) of the Agreement applicable to the dispute. A dispute shall not be recognized as a grievance nor be subject to the grievance procedure, provided said dispute, complaint, or grievance other than discharge, shall be recognized unless called to the attention of the Employer and the Union in writing within ten (10) days after the last date the alleged violation was committed.
SECTION 5. The Board of Adjustment shall meet within thirty (30) days following written submission of the grievance being filed and/or initiatedto the Employer or the Union with the exception of discharge cases which must be heard at the earliest possible date not to exceed fifteen (15) days. Failure of either party to meet or to participate in the procedure shall relieve the charging party of further compliance with the grievance procedure. Should the Board of Adjustment deadlock, the parties shall meet to review will refer the facts and circumstances giving rise matter to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s)impartial arbitrator set forth below.
15:02 Where SECTION 6. In addition to any rule or procedure, which the employeepanel may adopt, the manager, Board of Adjustment shall be governed by the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerningfollowing provisions:
(a) The applicationparties shall select an impartial arbitrator and/or in the event the parties cannot mutually agree on such arbitrator, interpretation or alleged violation either party may request a list of an Article potential names of this Agreementarbitrators from the Federal Mediation and Conciliation Service (FMCS), or a signed Letter of Understanding, or a signed Memorandum of Agreement between and select by alternately striking names as provided by the partiesFMCS rules.
(b) The dismissal, suspension, demotion or written or verbal reprimand No attorney shall be utilized unless either party advises the other of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up its intent to the Grievance Hearing Stage do so within a reasonable time in advance of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next stephearing date.
(c) Either party may request an extension No briefs shall be submitted nor transcripts made of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry hearing except by mutual agreement of the time allowedparties or by the direction of the arbitrator.
SECTION 7. An extensionDecision of the Board of Adjustment or an impartial arbitrator shall be within the scope and terms of this Agreement and shall be final and binding upon all parties hereto.
SECTION 8. The expense of the Joint Adjustment Board and the impartial arbitrator, if requestedincluding the cost of a court reporter, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed borne equally by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputeparties hereto.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Floor Covering Master Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, dispute limited to the application or interpretation or alleged violation of an Article of this Agreement, or except those complaints which allege a signed Letter violation of Understandingthe State Merit Rules may be processed under this procedure through Step Four. Employees whose attendance is required by the grievance procedure (as outlined in this Agreement) may attend hearings during their regularly scheduled working hours without loss of compensation. Employees attending such hearings outside of regularly scheduled working hours shall not be eligible for pay for attendance at such hearings. Time limits as set forth in this Agreement may be extended, or a signed Memorandum in writing, by agreement of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to . If no extension is requested by the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanationUnion, the grievance will be deemed to be abandoned.
(b) If Management considered settled on the basis of the State’s decision; however, if the State fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possibletime, the grievance may be processed at the next level of the procedure. Employees and their immediate supervisor are encouraged to discuss disagreements that may arise under this Agreement and seek and agree upon remedies consistent with the terms set forth in the agreement. Where this cannot be achieved to the satisfaction of an employee, recourse shall be presented on through the Union grievance procedures commencing at Step 1 other than for appeals of dismissals or suspension, or for class grievances, all of which shall be filed initially at Step 2. To facilitate the efficient administration of this Agreement, it is understood that whenever a State official is specified herein, a designee may be substituted. Grievance Form. A written requests must be submitted in writing and include a brief description of the nature alleged violation, date of the grievance violation and the redress requested shall be sufficiently clear collective bargaining section allegedly violated and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee employee(s) and may appropriate Xxxxxxx and must be clarified submitted to DSCYF Labor Relations electronically at any step providing XXXXX_xxxxx_xxxxxxxxx@xxxxxxxx.xxx or by U.S. mail at 0000 Xxxxxxxxx Xx, Xxxxxxxxxx, XX 00000 within the substance is not changedtimeline as outlined below. Except for failure to meet A copy of the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal decision shall be initiated distributed to the grievant and those Union representatives present at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in personmeeting, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint copy to the President, within the timeframes as outlined in the following manner:this Article below.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 21:01 The Company and the Union agree that it is most desirable to a written grievance being filed and/or initiatedresolve misunderstandings and disputes through discussions between the employee and the supervisor, and both the parties Company and the Union shall meet encourage employees to review the facts and circumstances giving rise discuss their complaints with their supervisors so as to resolve differences quickly without necessarily having to resort to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s)following formal process.
15:02 Where 21:02 The Union recognizes that each xxxxxxx is employed full-time by the Employer and that she/he will not leave her/his work during working hours except to perform her/his duties under this Agreement. Therefore no xxxxxxx shall leave her/his work without obtaining the permission of her/his supervisor.
21:03 An employee, the manager, the a xxxxxxx and/or union representative if in attendance a staff rep of the Union shall be allowed to attend meetings scheduled by the Employer during working hours for the purpose of settlement of a grievance without loss of remuneration.
21:04 When a grievance cannot resolve the employee’s complaint through the process outlined be presented in 15:01 aboveperson at any step, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform workit may be transmitted by registered mail.
15:03 21:05 A grievance is defined as a complaint an unresolved difference in writing concerning:
(a) : The application, interpretation or alleged violation of an Article this Agreement.
(a) Where either party to the Agreement disputes the general application, interpretation or alleged violation of this Agreement, or either party may initiate a signed Letter policy grievance. Such grievances initiated by the Union shall be made to the Employer, and such grievances initiated by the Employer shall be made to the President of Understandingthe Union, or a signed Memorandum his/her designate and in either case shall be within ten (10) working days from the date upon which the initiating party was notified orally or in writing, or on which it became aware, or ought to have become aware of Agreement between the partiesaction or circumstances giving rise to the grievance.
(b) The dismissalWhere the parties fail to resolve a grievance under Section: 05 (a), suspension, demotion or written or verbal reprimand either party may refer the grievance to the arbitration step of an employeethe Grievance Procedure.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to 21:06 If the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the 21:07 The grievance shall be presented on the Union Grievance Forman official grievance form. A The written description of the nature of the grievance grievance, the article violated, and the redress requested shall be sufficiently clear and if on the grievance relates form.
21:08 An employee has the right to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed representation by the employee and may be clarified a Union xxxxxxx and/or Union representative at any step providing of the substance is not changed. Except for failure to meet Grievance Procedure, but must in all cases attend Steps 1 and 2 of the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputeprocedure.
15:07 (a) Step 1
(b) Step 2
(c) Step 3
(d) Step 4
21:09 In the case of a dispute arising from the disciplinary demotion, suspension or dismissal of an employee, the grievance may initially be presented at Step 2, within ten (10) working days of the disciplinary demotion, suspension or dismissal.
21:10 Grievances concerning demotion, suspension, or dismissal layoffs and recalls shall be initiated at Step 2 of the Grievance Hearing Stage of the Procedure within twenty- eight ten (2810) calendar working days of the date that layoff or recall giving rise to the employee became aware grievance.
21:11 Any of the action.
15:08 Once a grievance has been filed it then becomes the property time limits referred to above may be extended by mutual agreement of the unionparties hereto.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, 33.01 It is mutually agreed by the parties shall meet that it is the spirit and intent of this Article to review the facts address disputes in a fair and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s)prompt manner.
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution 33.02 A grievance shall be defined as any difference arising out of the grievance through an orderly process as outlined below in this Articleinterpretation, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation administration or alleged violation of an Article the terms of this Collective Agreement.
33.03 The Employer acknowledges the right and duties of the representatives of the Union to assist Employees in preparing and presenting grievances, and the Employee shall be entitled to be present at every step of the Grievance Procedure.
33.04 The Employee and a representative who accompanies this Employee under this Article will not suffer a loss of pay as a result of attendance at meetings between the Employer and the Employee as provided for under this Article. Both the Employee and the representative will provide as much advance notice as possible to the EAHOS Manager of any such meetings that conflict with their Employee responsibilities.
33.05 No Employee shall be disciplined for exercising their right to present a grievance as provided in this Collective Agreement or for exercising their rights under the Canada Labour Code.
33.06 After a grievance has been filed, no negotiation of this grievance shall take place outside of the Grievance Procedure.
33.07 No grievance shall be defeated or denied by any technical objection occasioned by a clerical or typographical error.
33.08 The Employer and the Union agree not to introduce after Step 1 of the Grievance Procedure, or a signed Letter of Understandingat arbitration, or a signed Memorandum of Agreement between any new documentation involving disciplinary action, unless cleared by the partiesArbitrator who shall decide if the material is admissible.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to 33.09 Where no answer is given within the time limits specified in the Grievance Hearing Stage of Procedure, the Procedure. The decision at this Step grieving party shall be final for such grievances.
(a) If an employee or the Union fail entitled to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process submit the grievance to the next stepstep of the Grievance Procedure.
(c) Either party may request an extension of the 33.10 The time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry this Grievance Procedure may be extended by mutual consent of the time allowed. An extension, if requested, shall not be unreasonably withheldparties.
15:06 Wherever possible33.11 a) If the Union notifies the Employer in writing of an alleged violation of the Collective Agreement but indicates a decision not to grieve, this decision shall be without prejudice to grievances on similar matters. Furthermore, the withdrawal of a grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at without prejudice to grievances on similar matters if the Grievance Hearing Stage Employer receives written notification of this decision from the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the actionUnion.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint situation in writing concerningwhich an Employee believes that a circumstance impacting on them in the workplace presents as just cause for complaint, resistance or protest or one that requires clarification or explanation or an expression of dissatisfaction. A grievance is not a matter of dispute over the application of this Appendix Agreement. and agreed that to achieve that outcome the following procedure shall apply:
(ai) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement In the first instance the matter should be discussed between the partiesEmployee and their Shift Manager.
(bii) The dismissalIf the matter is not resolved in this manner then discussions should occur between the Shift Manager, suspensionthe affected Employee and, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03where requested by the Employee, an employee a local union delegate from the union party to this Appendix Agreement. Involvement from the Human Resources department may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision assist at this Step shall be final for such grievancesstage.
(aiii) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanationmatter remains unresolved, the Employee is to commit the details of the grievance to writing and formally serve them on the Site Manager within seven days of the conclusion of the discussions at point (ii). The Employee may choose to enlist the assistance of a local union delegate from the union party to this Appendix Agreement. The Human Resources department will be deemed available to be abandonedassist with the generation of the required documentation.
(biv) If Management fails A conference to reply to a grievance within settle the prescribed time limitsmatter shall then be held between the Site Manager, or equivalent, the Shift Manager, the affected employee or Union shall process and where requested by the grievance employee a local union representative(s) from the union party to the next stepthis Appendix Agreement.
(cv) Either party may request an extension Where every endeavour has been exercised to resolve a grievance through this grievance procedure, and the Company and Employee(s) believe on-site means of the time limits resolution have been exhausted, either of them may, in writing where possible to the affected parties provided such extension other, declare the matter is requested prior to be progressed through the expiry dispute procedure, commencing at stage five of the time allowedthat procedure. An extension, if requested, Grievances that have alternative channels for resolution as a consequence of legislative requirements shall not be unreasonably withheld.
15:06 Wherever possible, progressed through the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and disputes settlement procedure at clause 8.2 but may be clarified at any step providing progressed to resolution through the substance is not changedprocedures provided by that specific legislation. Except for failure to meet the time limitseg, a Worker’s Compensation, discrimination, harassment, workplace health and safety etc after having exhausted available on site grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputeprocesses.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Australian Paper Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion 9.01 The Employer and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing recognize that grievances may arise concerning:
(a) The differences between the Parties respecting the interpretation, application, interpretation operation or any alleged violation of an Article a provision of this Agreement, including a question as to whether or not a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.matter is subject to arbitration; or
(b) The the dismissal, suspension, demotion discipline or written or verbal reprimand suspension of an employeeemployee bound by the Agreement. The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. The Employer and the Union recognize that the goal of this grievance procedure is to attempt to resolve a grievance at the earliest possible opportunity with the least amount of time and resources. Such a grievance shall be presented and processed in accordance with the steps, time limits and conditions set forth herein.
15:04 Notwithstanding 15:03Step (1) The employee, an employee may grieve on any unsatisfactory working condition up to with or without a Shop Xxxxxxx or Union Committee member (at the Grievance Hearing Stage employee’s option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the Procedureoccurrence of the grievance. The decision In this first step, both parties shall make every effort to settle the dispute. If the grievance is not settled at this step, then:
Step (2) The grievance shall be final for such grievances.reduced to writing within a further seven (7) calendar days by:
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, recording the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of appropriate grievance form, setting out the nature of the grievance and the redress requested shall be sufficiently clear and if circumstances from which it arose;
(b) stating the grievance relates to an Article article of the Agreement, such Article shall be so stated in Agreement infringed upon or alleged to have been violated and the grievance. The remedy or correction required;
(c) the grievance shall be signed by the employee and may be clarified a Shop Xxxxxxx or Union Committee member;
(d) the supervisor shall acknowledge receipt of the written grievance by signing and dating the grievance form at any step providing the substance time the grievance is presented; and
(e) within seven (7) calendar days of receipt of the written grievance, the supervisor or the department head shall give his/her written reply. If the grievance is not changedsettled at this step, then;
Step (3) The Union Committee and the Employer, or its delegate, shall meet within twenty-one (21) calendar days or other mutually agreed to time to discuss the grievance. Except for failure At this step of the grievance procedure, each party shall provide to meet the time limits, other a grievance statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall not be deemed presented to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure writing within twenty- eight seven (287) calendar days of the date that meeting. If the employee became aware of grievance is not settled at this step, either party may refer the actiongrievance to arbitration within thirty (30) calendar days.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 16.1 It is the intent of the parties to this Agreement that any complaint which might later constitute a grievance be resolved at the earliest practicable stage. Therefore, every effort to resolve such complaints through informal conferences between the parties involved should be made.
15:01 Prior 16.2 A grievance is a claim by an employee or group of employees alleging a violation, misinterpretation or misapplication of the terms of this Agreement.
16.3 For the purpose of this procedure, a grievant is an individual employee. A grievance may be instituted by an individual employee, by a group of employees, or by SEIU. Any grievant shall be entitled to an SEIU representative at any stage of the grievance procedure. Nothing herein shall preclude any grievant from filing and processing his/her grievance with the assistance of a representative.
16.4 A grievance shall be submitted on the grievance form appended hereto as Appendix B. Either an original printed form in Appendix B or a computer-generated facsimile with original signatures will be acceptable.
16.5 No employee submitting a grievance with the assistance of a representative shall be required or requested at any stage of the grievance procedure to discuss privately with any District manager any aspect to the submitted grievance without the presence of such representative.
16.6 All reasonable effort should be made to schedule meetings to discuss grievances pursuant to this grievance procedure so as to minimize disruptions of work assignments. The grievant and one xxxxxxx may attend such meetings with District management without loss of compensation. The Chapter President or his/her designee may attend such meetings at Step IV without loss of compensation.
16.7 No grievance shall be resolved without first affording SEIU an opportunity to review the grievance, all evidence presented, and its proposed solution. If SEIU feels the District and an individual grievant have settled a grievance in a manner inconsistent with the Agreement, it may provide the District with written notification of its objection, and would not be bound by such settlement in future grievances of a similar character. Nothing herein shall be deemed to preclude the filing of a grievance being filed and/or initiatedby an individual employee who is adversely affected by such a settlement.
16.8 If it appears that the same grievance or substantially the same grievance has been submitted by more than one employee, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve agree upon a procedure for the matter(shandling of such grievance. If the parties agree that such grievances are sufficiently similar to create reasonable probability that a resolution of one may produce results that should be equally applicable to all such grievances, the grievances may be consolidated for processing as a single grievance, provided any employee whose grievance is affected by such consolidation shall be notified of the proposed consolidation and may, within five (5) through discussion working days after receipt of such notice, provide the District and SEIU with written notice of his/her election to have his/her grievance processed separately.
16.9 Each of the pursuit formal requirements and time limitations stated herein for the processing of reasonable alternativesgrievances shall be strictly adhered to; provided, however, that any such requirements or time limits may be extended or waived by the expressed written agreement of the parties. The aggrieved employee If the District's authorized representative fails to answer a grievance within the time limits specified in any step of the grievance procedure, the grievant shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process appeal the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature step of the grievance procedure. Failure by the grievant to appeal a decision within the specified time limits shall be deemed as acceptance of the decision, and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputeterminated.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 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.
15:01 Prior Section 2. A Member filing a grievance shall be allowed Lodge representation consisting of one 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 a written grievance being filed and/or initiated, the parties shall meet to review attention of the facts and Member's Division or Unit Commander within fourteen (14) days from the time circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievanceoccur. The grievance shall be in writing, dated and signed by the employee 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 may the relief requested. The Division or Unit Commander 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 clarified at any step providing reduced to writing and signed by the substance District or Unit commander and the Member. If no settlement is reached, the Division or Unit Commander 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 changed. Except for failure satisfied with the answer obtained in Step 1, he may appeal the grievance in writing to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage Chief of the Procedure within twenty- eight (28) calendar days of the date Police; provided that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be appeal is presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:within seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated(a) 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. Grievances shall be presented in writing and shall clearly set forth the grievance and the contentions of the aggrieved party, following which the Union representative or representatives and the Employer representative or representatives shall meet and in good faith shall earnestly endeavour to review settle the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternativesgrievance submitted. The aggrieved employee shall have the right and/or option to have If a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance satisfactory settlement cannot resolve be reached or if the employee’s complaint through party on whom the process outlined in 15:01 abovegrievance has been served fails to meet the other party within fourteen (14) days of receiving the written grievance, either party may, by written notice served upon the parties to the agreement recognized the desirability for a prompt resolution other, require submission of the grievance through an orderly process as outlined below to a Board of Arbitration, such Board to be established in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint the manner provided in writing concerning:
(a) The application, interpretation or alleged violation of an Article Section 18 of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion Grievances involving the dismissal or written or verbal reprimand layoff of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up must be submitted to the Grievance Hearing Stage Employer within ten (10) working days from the date of dismissal or layoff or be waived by the Procedure. The decision at this Step shall be final for such grievances.
aggrieved party, provided notice has been given as required under Section 13 (a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next stepe).
(c) Either party Any employee alleging wrongful dismissal may request an extension place his or her allegation before the Union representative and, if the Union representative considers that the objection of the time limits employee has merit, the dismissal shall become a grievance and be subject to the grievance procedure as established by this Agreement.
(d) The Employer agrees to reply in writing where possible as to the affected disposition of all grievances submitted by the Union.
(e) The parties provided such extension is requested prior by mutual agreement may invoke Section 103 of the British Columbia Labour Relations Code to facilitate the settling of grievances. Section 103 of the B.C. Labour Relations Code states as follows: "Where a Collective Agreement contains the following provision: Where a difference arises between the parties relating to the expiry dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the time allowed. An extensionCollective Agreement, if requestedXxxxx Xxxxx, or a substitute agreed to by the parties, shall not be unreasonably withheld.at the request of either party
15:06 Wherever possible, (a) investigate the grievance shall be presented on difference;
(b) define the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated issue in the grievance. The grievance shall be signed by difference; and
(c) make written recommendations to resolve the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure difference within twenty- eight (28) calendar 5 days of the date that the employee became aware of receipt of the action.
15:08 Once a grievance has been filed it then becomes the property request; and for those 5 days from that date, time does not run in respect of the uniongrievance procedure. The Minister of Finance, on the Minister's requisition, shall pay out of the consolidated revenue fund 1/3 of the cost incurred by the parties for payment of reasonable remuneration, travelling and out of pocket expenses of the person named or his substitute.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:"
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, 9.01 It is agreed that it is the parties shall meet to review the facts spirit and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution intent of the grievance through an orderly process as outlined below in this ArticleAgreement to adjust employee or employer grievances promptly. Should a dispute arise between the Board and any employee or the Union regarding the interpretation, without stoppage of work meaning, operations or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article application of this Agreement, or including any questions as to whether a signed Letter of Understandingmatter is arbitrable, or a signed Memorandum of where an allegation is made that this Agreement has been violated, or should any other dispute arise, an xxxxxxx effort shall be made to settle the dispute in the manner outlined in this Article. Disputes shall be dealt with so far as possible by discussion between the parties.
(b) The dismissalindividuals directly affected. If a satisfactory solution of a dispute cannot be reached at this level, suspension, demotion or written or verbal reprimand the dispute shall become a grievance and such grievance shall be processed in order to reach a fair and amicable settlement in accordance with the terms of this Article. Disputes of a general nature between the Board and the Union may be initiated by the appropriate representatives at Step 1. Where a dispute involving a question of an employee.
15:04 Notwithstanding 15:03’s medical assessment or dismissal occurs, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or Board and the Union fail may agree to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature by-pass Steps 1 and 2 of the grievance and the redress requested procedure.
Step 1 - The employee concerned, assisted by their Xxxxxxx and/or Business Agent, shall be sufficiently clear and if submit the grievance relates in writing to an Article the Supervisor of Maintenance, with a copy to the Employee Relations Manager, within five (5) working days after the date of meeting informally with the Supervisor of Maintenance. The Supervisor of Maintenance or designate shall deliver a decision in writing to the employee concerned, with a copy to the Xxxxxxx of the Agreementappropriate union, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight five (285) calendar working days of after the date that the employee became aware of the actionemployee’s written grievance was received.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to For purposes of this Agreement, a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The applicationdifference arising between the parties relating to working and the interpretation, interpretation administration or alleged violation of an Article of this the Agreement, including any questions as to whether a.matter is arbitrable. It is understood and agreed that the may be assisted by Grievance Committee at ail steps of the complaint or a signed Letter grievance p ure. It is understood and agreed that the may be assisted by the representative at all steps of Understandingthe grievance procedure. It is the mutual desire of the parties that all complaints and grievances be adjusted as quickly as possible. It is understood that any employee may present an oral complaint at any time to immediate supervisor without resorting to the grievance procedure below. Except where otherwise provided, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, it is understood that an employee may grieve on any unsatisfactory working condition up to has no grievance unless and until the Grievance Hearing Stage of matter is first discussed with the Procedureemployee's immediate supervisor. The decision at this Step shall employee may be final for such grievances.
(a) accompanied by xxxxxxx if so desires. If an upon the completion of said discussion the matter is not resolved, it may be grieved and disposed of in the following manner. The employee or the Union fail to initiate or process must submit a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the written grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievanceSupervisor. The grievance shall specify the Article or Articles of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. Such grievance must be submitted within ten (IO) working days of the occurrence of the event which gave rise to the grievance and must be signed by the employee and claiming to be aggrieved. A meeting shall be arranged to discuss the grievance. The employee may be clarified at any step providing accompanied by committee member. The member of Management to whom the substance is not changed. Except for failure to meet grievance was submitted shall submit the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article answer in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure writing within twenty- eight (28) calendar ten working days of the date that filing of the grievance at Step Failing settlement of the grievance at Step No. or failure of the appropriate member of Management in Step No. to submit the reply within the prescribed period, the employee became aware shall present the grievance in writing to the Department Director of the action.
15:08 Once Society within five (5)working days from the time the reply is received or should have been received in Step No. A meeting shall be arranged to discuss the grievance. The Department Director shall have five (5) working days from the date of receipt to render a grievance has been filed it then becomes the property decision. Such decision shall be in writing. Failing settlement of the uniongrievance at Step No. or failure of the appropriate member of Management in Step No. to submit the reply within the prescribed period, the employee shall present the grievance in writing to the Director of Human Resources within five (5) working days from the time the reply is received or should have received in Step No. A meeting shall be arranged to discuss the grievance. The Director of Human Resources shall have five (5) working days from the date of receipt to render a decision. Such decision shall be in writing.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 14:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 14:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.in
15:03 14:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 14:04 Notwithstanding 15:0314:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanation, the grievance will be deemed to be abandoned, and all rights of recourse to the Grievance Procedure for that particular grievance shall be at an end.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 14:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 14:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- twenty-eight (28) calendar days of the date that the employee became aware of the action.
15:08 14:08 Once a grievance has been filed it then becomes the property of the unionUnion.
15:09 14:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:0114:01, an employee will deal with a complaint in the following manner:
a) Within twenty-one (21) calendar days after the date upon which the employee was notified orally or in writing, or on which the employee first became aware of the action or circumstances giving rise to a concern/issue, the employee shall meet with senior management as well as Human Resources and a Xxxxxxx, if requested, to discuss the issues giving rise to the complaint or concern.
b) A decision in writing shall be given to the employee within fourteen (14) calendar days following the discussion stage above.
a) If the complaint or concern is not resolved satisfactorily as per the Discussion stage, the employee shall submit a grievance to the appropriate Division Vice-President or designate within twenty-one (21) days of receipt of the Discussion stage.
b) The Division Vice-President or designate shall sign for receipt of the grievance and issue a decision in writing to the employee and the Union within twenty-one (21) calendar days of the grievance.
c) The Division Vice-President or designate may hold a hearing to discuss the grievance with the employee and his Representative before giving a decision on the grievance. The hearing will involve the appropriate senior management and People Services representation, etc.
d) If the grievance is not resolved satisfactorily as per the above, the grievance may be referred by the Union to Arbitration in accordance with Article 15.
a) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement or a signed Letter of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a Policy Grievance. Where such a grievance is initiated by the Union, it shall be presented at the Grievance Hearing Stage of the Procedure.
b) Where applicable, a grievance relating to a group of employees may be submitted as a Group Grievance. Where at all possible a Group Grievance shall be signed by all the individual grievers affected. New names may only be added to the group grievance up to the Grievance Hearing Stage of the Grievance Procedure.
c) Where the parties fail to resolve a grievance under 14:10 (a) or (b), either party may refer the grievance to Arbitration.
14:11 The IBEW Grievance Committee shall be a standing committee composed of one
(1) member of the Union plus the Union Business Manager and Assistant. The IBEW will provide the name of the Employee(s) that will be on the Committee. There may be more than one member recognized on the Committee list due to shifts, but only one will attend any Grievance meeting, paid by the Employer.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 7.01 A grievance is a difference between the Employer and the Union or an employee as to a written the interpretation, application, operation or contravention of the Collective Agreement. A grievance being filed and/or initiatedshall state the facts upon which the grievance is based, the particular clause or clauses of the Collective Agreement that are the subject of the grievance and the remedy requested.
7.02 A new probationary employee shall not have the right to grieve their termination of employment during their probationary period.
7.03 It is recognized that it is in the interests of both parties to seek an early resolution to differences as defined in 7.01. Mutual discussions in the form of a Step 0 meeting shall meet normally take place to review investigate a possible grievance, or to discuss a possible resolution, prior to the formal filing of a grievance by any party. At the time of the request for the meeting, the party requesting it shall state the facts and upon which the possible grievance is based.
7.04 No grievance shall be considered by either party where circumstances giving rise to such grievance should reasonably have been known more than ten (10) working days prior to the complaint(sfirst filing of the grievance. For the submission of grievances as provided herein, "working days" shall be considered as the days
7.05 All communications from the Employer relating to grievances or arbitrations shall be directed to the President of the Local or her designate with copies to the Chief Shop Xxxxxxx.
7.06 A policy grievance involving more than three (3) and shall attempt to resolve employees or of general application or interpretation of this Agreement may be instituted by the matter(s) through discussion Union starting at Step 2 of the Grievance Procedure outlined in 7.09 (a).
7.07 The time limits specified in the grievance procedure may be extended only by mutual agreement in writing between the Employer and the pursuit Union, providing that such extension of reasonable alternativesany Step shall not be a waiver of the time limits for any subsequent Step. Where the party advancing the grievance fails to meet the time limit in any Step, without an agreed extension, the grievance shall be deemed to have been abandoned. Where the party responding to the grievance fails to meet the time limit at any Step of the grievance procedure, the grievance may be advanced to the next Step in accordance with this Agreement.
7.08 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s)attend without loss of pay or benefits all meetings held with the employer under the grievance procedure excepting arbitration.
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in 7.09 Grievances arising under this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manneradjusted as follows:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 22:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 22:02 The Union recognizes that each xxxxxxx is employed full time by the Employer and that she/he will not leave his/her work during working hours except to perform his/her duties under this Agreement. Therefore no xxxxxxx shall leave his/her work without obtaining the permission of his/her supervisor.
22:03 An employee, a xxxxxxx and/or a staff rep of the Union shall be allowed to attend meetings scheduled by the Employer during working hours for the purpose of settlement of a grievance without loss of remuneration.
22:04 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have his/her xxxxxxx present at such a discussion. When a grievance cannot be presented in person at any step, it may be transmitted by registered mail.
22:05 A grievance is defined as a complaint in writing concerning:
(a) The Where either party to the Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement, or either party may initiate a signed Letter policy grievance. Such grievances initiated by the Union shall be made to the Executive Director, and such grievances initiated by the Employer shall be made to the President of Understandingthe Union, or a signed Memorandum his/her designate and in either case shall be within ten (10) working dates from the date upon which the initiating party was notified orally or in writing, or on which it became aware, or ought to have become aware of Agreement between the partiesaction or circumstances giving rise to the grievance.
(b) The dismissalWhere the parties fail to resolve a grievance under 05 (a), suspension, demotion or written or verbal reprimand either party may refer the grievance to the arbitration step of an employeethe Grievance Procedure.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) 22:06 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights of recourse to the Grievance Procedure for that particular grievance shall be at an end. If Management the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever 22:07 Whenever possible, the grievance shall be presented on the Union Grievance Forman official grievance form. A The written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The An employee grievance shall must be signed by the employee and may be clarified at any step providing the substance is not changedemployee. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form official grievance form or for failure to quote the Article in dispute. The grievance may be clarified at any step providing its substance is not changed.
15:07 22:08 An employee has the right to representation by a Union xxxxxxx and/or Union representative at any step of the Grievance Procedure.
(a) Step 1
(b) Step 2
(c) Step 3
22:09 In the case of a dispute arising from the disciplinary demotion, suspension or dismissal of an employee, the grievance shall initially be presented at Step 2, within ten (10) working days of the disciplinary demotion, suspension or dismissal.
22:10 Grievances concerning demotion, suspension, or dismissal layoffs and recalls shall be initiated at Step 2 of the Grievance Hearing Stage of the Procedure within twenty- eight ten (2810) calendar working days of the date that layoff or recall giving rise to the employee became aware grievance.
22:11 Any of the action.
15:08 Once a grievance has been filed it then becomes the property time limits referred to above may be extended by mutual agreement of the unionparties hereto.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior Any employee who feels that he has been treated unjustly or considers himself aggrieved, is entitled to present a written grievance being filed and/or initiatedin accordance with the procedure outlined below. In determining the time limits within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and holidays shall be excluded. Step An employee has the parties shall meet right to review present a grievance in writing to his supervisor within ten (10)days of the facts and date on which he first becomes aware of the action or circumstances giving that gave rise to the complaint(s) and grievance. When presenting a grievance, the employee shall attempt state the nature of the grievance, the remedy sought, and, if applicable, the of the Agreement in dispute or alleged to resolve the matter(s) through discussion and the pursuit of reasonable alternativeshave been violated. The aggrieved Supervisor shall reply to the grievance, in writing, within ten (10) days of its presentation. Step Failing satisfactory settlement of the grievance at Step an employee may present his grievance to the Director of the Department within ten (10)days of the date on which he received a reply at Step The Director shall reply to the grievance, in writing, within ten (10)days of its presentation at this Step. The shall have the right and/or option to have a Union Representative initiate and present at such discussion(s).
15:02 grievances relating to the application or interpretation of this Agreement on behalf of one or more employees in the bargaining unit. Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process Alliance has initiated and presented a grievance within under the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension provisions of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, Clause the grievance shall be presented on the Union Grievance Form. A written description of the nature directly to Step of the grievance procedure and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot will be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in to the following manner:Manager Human Resources.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternativesSection 1. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Except where specifically restricted by some other Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement any dispute between the partiesparties may be made the subject of a grievance and may be taken to arbitration under the following procedures. This is not intended to mean that grievances must be filed on any specific dispute. On the contrary, the parties recognize that any difference may be settled in an informal manner, without the filing of a grievance.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the ProcedureSection 2. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the No grievance shall be recognized to exist unless it is presented on the Union Grievance Formas provided herein, within forty-five (45) calendar days after its original occurrence.
Section 3. A written description of the nature of the When a grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated is presented in the grievance. The grievance writing it shall be signed by the employee grievant and a Union representative, and shall contain a brief statement of the grievance and list the specific provisions of the Agreement claimed to have been violated. The Company shall reply in writing to each written grievance and shall set forth a brief statement of the Company’s reasons for granting or denying the grievance. The reply may be clarified at any step providing sent electronically. When such reply is sent electronically then the substance manager sending the reply 4 xxxx also telephone the Union Officer receiving the reply to notify him/her that the reply was sent. If the Union Officer is not changed. Except for failure available then the manager will call another Union representative in the grievant’s area to meet inform him/her of the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputereply.
15:07 Section 4. Grievances concerning other than those involving discharge and demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint and processed in the following manner:
Step 1. The grievance will be submitted in writing to the aggrieved employee’s
Step 2. If the immediate supervisor’s answer is not satisfactory to the Union, the
Step 3. If the Department Head’s answer is not satisfactory to the Union, the grievance
Section 5. Grievances involving discharge and demotion may be presented and processed beginning with Step 3 of the Grievance Procedure.
Section 6. If the Company does not submit its answer to the Union at any step of the grievance procedure within the specified time limits it will be considered an automatic appeal to the next higher level.
Section 7. Nothing contained in this Article shall be construed to restrict in any way the individual right of employees to present grievances directly to the Company, provided the Union has been given an opportunity to be present at the adjustment and such adjustment does not conflict with any terms or provisions of this Agreement.
Section 8. It is understood that the parties involved in each step of the grievance may, by mutual agreement, waive the time limits imposed in the specific step at which the grievance is being processed. Any waiver agreed upon shall be either made in writing or confirmed in writing.
Section 9. Either the party or the Union may record grievance meetings.
Section 10. The Union shall keep the Company informed as to its authorized representatives for handling grievances. This information shall be provided to the Company two times per year, on July 1 and January 1 of each year. The Company agrees that it will not settle, nor attempt to settle any grievances referred to the Union after it has received notice from the Union that it will be representing any employees involved.
Section 11. Employees or Union Representatives filing grievances will suffer no loss of regular pay for time spent in meeting with Company representatives or necessarily consumed in traveling to and from such meetings. However, if more than two (2) employees (whether grievants or Union representatives) attend a grievance meeting, only two (2) will be so paid, those to be selected by the Union.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 43:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 43:02 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, Agreement or a signed Letter Memorandum of Understanding, Understanding or a signed Memorandum of Agreement between the parties.;
(b) The dismissal, suspension, demotion demotion, written reprimand or written appeals to open competition or verbal reprimand reclassification of an employee.
15:04 43:03 Notwithstanding 15:03Article 43:02, an employee may complain or grieve on any unsatisfactory working condition up to the Grievance Hearing Stage and including Step 1 of the Proceduregrievance procedure. The decision at this Step 1 shall be final for such grievances.
(a) Where a grievance has been initiated and the nature of the grievance is such that it has or potentially could have widespread application affecting a number of employees and where as a result the Union deems it impractical that each affected employee grieve separately, the Union shall have the right to present a group grievance on those matters as defined in Article 43:02 (a). A group grievance shall be presented within twenty (20) working days following the date upon which the employee(s)
(b) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. Where such a grievance is initiated by the Union, it shall be presented to the Director of ALS Canada Ltd. Where such a grievance is initiated by the Employer, it shall be presented to the President of the Manitoba Government Employees’ Union. In all cases the grievance shall be presented within twenty (20) working days from the date of the action giving rise to the grievance.
(c) Where the parties fail to resolve a grievance under Article 43:04 (a) or 43:04 (b), either party may refer the grievance to Arbitration. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(d) Notwithstanding Article 43:06 a grievance filed under Article 43:04 (b) shall not require the signature of an employee.
43:05 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights of recourse to the grievance procedure for that particular grievance shall be at an end. If Management management fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 43:06 Wherever possible, the grievance shall be presented on the Union Grievance Formofficial grievance form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates related to an Article of the Agreement, such Article Article
43:07 It is mutually agreed that an effort shall be so stated in the grievancemade to resolve complaints through discussion before a written grievance is initiated. The grievance aggrieved employee shall be signed by have the employee and may be clarified right to have a representative present at any step providing the substance is not changedsuch a discussion. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in personperson at any step, it may be transmitted by registered mailmail or courier.
43:08 An employee has the right to representation by a Union representative at any step of the grievance procedure.
(a) Within twenty (20) working days after the date upon which the employee was notified orally or in writing or on which the employee first became aware of the action or circumstances giving rise to the grievance, courierthe employee shall present the grievance with the redress requested to the Director.
(b) The Director shall sign for receipt of the grievance and shall issue a decision in writing to the employee and to the Union within fifteen (15) working days.
(c) The Director may discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance.
(a) If the grievance is not resolved satisfactorily at Step 1, and/or email. As per 15:01the employee shall submit the same grievance and the redress requested to the President or designate of ALS Canada Ltd. within fifteen (15) working days of the receipt of the decision at Step 1.
(b) The President or designate shall sign for receipt of the grievance and issue a decision in writing to the employee and to the Union within fifteen (15) working days of receipt of the grievance.
(c) For those grievances defined in accordance with Article 43:02, an the President or designate may hold a hearing to discuss the grievance with the employee will deal with and the employee’s representative before giving a complaint in decision on the following manner:grievance.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 36:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 36:02 A grievance is defined as a complaint in writing filed by an employee, a group of employees, or either party to this Agreement concerning:
(a) The application, interpretation interpretation, or alleged violation of an Article of this Agreement, Agreement or a signed Letter Memorandum of Understanding, Understanding or a signed Memorandum of Agreement between the parties., or
(b) The dismissal, suspension, demotion demotion, written reprimand, or written or verbal reprimand discipline of an employee. The above categories of grievances can be processed up to and including Step 2 of the Grievance Procedure.
15:04 36:03 Notwithstanding 15:03Section 37:02, an employee may complain or grieve on any an unsatisfactory working condition up to and including Step 1 of the Grievance Hearing Stage of the Procedure. The decision at this Step 1 shall be final for such grievances.
(a) Where either party to this Agreement disputes the general application interpretation or alleged violation of an Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. A policy grievance initiated by the Union shall be presented to the Chief Executive Officer, a policy grievance initiated by the Employer shall be presented to the President of the Manitoba Government and General Employees’ Union or their designate. In all cases, such grievances shall be presented within twenty (20) working days from the action giving rise to the grievance.
(b) When the parties fail to resolve a grievance under 37:04 (a) either party may refer the grievance to Step 2 of the Grievance Procedure. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(c) Notwithstanding 37:06, a grievance filed under 37:04 (a) shall not require the signature of an employee.
36:05 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights or recourse to the Grievance Procedure for that particular grievance shall be at an end. If Management the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 36:06 Wherever possible, the grievance shall be presented on the Union Official Grievance Form. A written description of the nature of the grievance and the redress requested redress
36:07 It is mutually agreed that an effort shall be sufficiently clear and if the made to resolve complaints through discussion before a written grievance relates to an Article of the Agreement, such Article shall be so stated in the grievanceis initiated. The grievance aggrieved employee shall be signed by have the employee and may be clarified right to have a Union Representative present at any step providing the substance is not changedsuch a discussion. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in personperson at any step, it may be transmitted by registered mailRegistered Mail.
36:08 An employee has the right to representation by a Union Representative at any phase of resolving a grievance or concern.
(a) Within twenty (20) working days after the date upon which they were notified orally or in writing, courieror on which they first became aware of the action or circumstances giving rise to the grievance, and/or emailthe employee shall present the grievance with the redress requested to the Chief Executive Officer.
(b) The Chief Executive Officer shall sign for receipt of the grievance. As per 15:01, an They shall issue a decision in writing to the employee will deal and the Union within twenty (20) working days.
(c) The Chief Executive Officer may discuss the grievance with the employee and their representative before giving a complaint in decision on the following manner:grievance.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 13.01 The Association will not be required to represent an Employee in either the grievance procedure or arbitration who is not a written grievance being filed and/or initiatedmember of the Association. It is understood and agreed, however, that the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have Association reserves the right and/or option to have a Union Representative present do so at such discussion(s)its sole discretion.
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 13.02 A grievance is defined as a complaint in writing concerning:dispute involving the interpretation and/or application of any provision of this Agreement that is eligible for resolution through Article 13.
(a) The application13.03 If the grievant has elected Association representation, interpretation both the grievant and the Association Representative shall be notified of any Step 1 meeting. Further, any written communication concerning the grievance or alleged violation its resolution shall be sent to both the grievant and the Association Representative, and any decision agreed to by the City and the Association shall be binding on the grievant and the Association.
13.04 If the grievant is not represented by the Association, any resolution of an Article the grievance shall be consistent with the terms of this Agreement, or a signed Letter . The Association shall be given reasonable notice and opportunity to be present at any meeting called for the resolution of Understanding, or a signed Memorandum of Agreement between such grievance. A grievant using this procedure will be bound by the partiesprocedure established by the parties to the Agreement.
(b) The dismissal13.05 Where representation by the Association is requested by an Employee covered by this Agreement and where the Association agrees to represent the Employee, suspensionthe Employee's representative shall be the Association Representative. Where representation by the Association is not requested by the Employee or where the Association declines to represent the Employee, demotion or written or verbal reprimand the Employee wishing to present a grievance may choose any member of an employeethe bargaining unit who is willing to serve as his representative.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up 13.06 The following procedure shall apply where Employees wish to present a grievance:
Step 1 - The aggrieved Employee or his representative shall file his grievance in writing with the Chief of Police within ten (10) days following the day when the event giving rise to the Grievance Hearing Stage grievance occurred, provided that the grievant knew or should have known of the Procedureevent giving rise to the grievance. A grievance shall identify the specific Article, Section or Paragraph of this Agreement which the grievant believes the City has violated and shall provide as much detail as possible concerning the nature of the complaint and clearly state the requested remedy. The decision at this Step shall be final for such grievancesChief will date and sign the grievance and immediately forward copies to the Chief of Police and the Director of Human Resources. The Chief will give the grievant a written answer within ten (10) days and will forward copies of his answer to the Director of Human Resources.
(a) Step 2 - If an employee or the Union fail to initiate or process a grievance within answer given by the prescribe time limits without a reasonable explanationChief of Police does not resolve the matter, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee grievant or Union shall process his representative may appeal the grievance to the next step.
(c) Either party may request an extension of the time limits City Manager in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure Step 2 within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior (Refer to a written grievance being filed and/or initiatedNational Agreement Section 1.L.1 and 1.L.2) The Employer and the Union encourage open, the parties two-way communication and informal resolution of issues and problems between employees and supervisors. Each party shall meet make every attempt to review the facts understand and circumstances giving rise resolve differences informally before resorting to the complaint(s) Formal Grievance Procedure. Issues may be resolved utilizing the Issue Resolution Process or the Grievance Procedure. Some legitimate differences regarding interpretation and/or the application of this Agreement may, in fact, require a formal grievance process. The purpose of this Article is to promote a prompt and shall attempt to resolve efficient process for the matter(s) through discussion investigation and resolution of grievances. The Employer and the pursuit of reasonable alternativesUnion agree that all disputes will be settled as hereinafter provided. The aggrieved parties also agree that there shall be no lockouts on the part of the Employer nor suspension of work on the part of the employees for the duration of the Agreement. Any problems arising in connection with the application or interpretation of this Agreement may be submitted as a grievance by any employee or group of employees in accordance with the procedures provided in this Article. Class action grievances may be filed at step two. The Employer and the Union agree that each shall have the right and/or option to have file a grievance on their own behalf regarding problems that may arise regarding interpretation or application of the Agreement. All grievances shall be submitted in writing and explicitly cite the Article allegedly violated and the requested remedy. All grievances and related requests for review shall be signed by the Grievant or union representative. Grievances, requests for review and decisions shall be delivered in person or by U.S. mail to the appropriate management representative, Grievant and Union Representative present at such discussion(s).
15:02 Where representative. In the employeeevent of a question as to the timeliness of any mailed grievance step or response, the managerpostmark will indicate the end of one step or response and the date of receipt will mark the beginning of the next step or response. If the response is by electronic mail, the xxxxxxx and/or union representative if in attendance cannot resolve date the employee’s complaint through response was sent will mark the process outlined in 15:01 abovebeginning of the next step or process. Grievances may be, by mutual written consent of the parties parties, referred back for further consideration or discussion to the agreement recognized the desirability for a prompt resolution prior step or advanced to a higher step of the grievance through an orderly process as outlined below procedure. The time limits contained in this Articleprocedure may be extended by mutual, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage agreement of the ProcedureEmployer and the Union. The decision at this Step shall be final for such grievances.
(a) If the Grievant or union representative fails to file an employee or the Union fail to initiate or process a grievance appeal within the prescribe time limits without a reasonable explanationlimit provided, the grievance will be deemed to be abandoned.
(b) have been resolved by the decision at the prior step. If Management the Employer fails to reply to a grievance within maintain the prescribed time limitslimits provided, the employee or Union shall process representative may advance the grievance to the next step. The Grievant and the Union xxxxxxx participating in the grievance and arbitration meetings shall not lose pay associated with regular scheduled work hours for time spent in meetings unless there are “class action” grievances involving more than one Grievant, in which case the parties shall mutually agree on pay issues. Witnesses may be asked to appear at grievance meetings without loss of pay by mutual agreement. Meetings held in accordance with the steps provided in the following procedure shall be scheduled at mutually agreed upon times.
(c) Either party may request an extension STEP 1 It is the intent of the time limits in writing where possible to parties that grievances be adjusted informally and/or at the affected parties provided such extension is requested prior to the expiry first level of supervision whenever possible. Settlements reached at step one of the time allowed. An extension, if requested, grievance procedure shall not be unreasonably withheld.
15:06 Wherever possibleprecedent setting for future similar or dissimilar cases unless specifically agreed to. If an employee has a grievance, the grievance she/he shall be presented present it on the Union Grievance Form. A written description of appropriate form to the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure immediate supervisor within twenty- eight (28) 15 calendar days of the date that from when the employee became aware of the actionevent from which the grievance arose. The grievance shall contain a statement of the issue being grieved, identification of the contract provision violated and a proposed resolution. The immediate supervisor shall meet with the Grievant and representative within 10 calendar days of the receipt of the grievance and attempt to resolve the grievance. The immediate supervisor or a xxxxxxx for a Management grievance shall give a written decision to the Grievant, with a copy to the union, within 10 calendar days after the meeting (xxxxxxx to supervisor if management grievance). If the grievance is not resolved, the Grievant may appeal the decision to step 2 of the grievance procedure within 10 calendar days after receipt of step 1 response.
15:08 Once STEP 2 The Human Resources Consultant or designee, and the appropriate department or area manager shall meet with a grievance has been filed it then becomes Union representative and the property Grievant within 10 calendar days of receipt of the union.appeal to attempt to resolve the grievance. Termination grievances may be filed initially at step 2. The Human Resources Consultant (Union representative if Employer grievance) shall give a written decision to the Union representative within ten calendar days after the meeting. If the grievance is not resolved at step 2, the Union or Employer shall have fifteen calendar days after receipt of the step 2 response to notify the other party of its intent to advance the grievance either to mediation or to Issue Resolution. MEDIATION/ISSUE RESOLUTION
15:09 When A. Grievances not resolved at step 2 may be referred to a grievance mediator or to Issue Resolution (Issue Resolution cannot be presented used for Corrective Action challenges). A mediator or Issue Resolution Facilitator will be scheduled within 30 days of the request. The mediator will be the next arbitrator in personalphabetical order from the arbitration panel. Issue Resolution Facilitator will be requested from Human Resource Education. A facilitator will not be assigned who has responsibility for work area or contract administration.
B. The expenses and fees of the mediator shall be shared equally by the parties.
C. Attendance at mediation sessions shall be limited to the following:
1. Union: Spokesperson, it Assigned Union Representative, Grievant
2. Employer: Spokesperson - Labor Relations Representative, Human Resources Consultant, Supervisor/Department Head or Designee
3. Observers: By mutual agreement, either party may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with invite observers limited to a complaint reasonable number who shall not participate in the following manner:mediation process.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 35:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 35:02 A grievance is defined as a complaint in writing filed by an employee, a group of employees, or either party to this Agreement concerning:
(a) The application, interpretation, or alleged violation of an Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(b) The dismissal, suspension, demotion, or written reprimand of an employee. The above categories of grievances can be processed up to and including Step 2 of the Grievance Procedure.
35:03 Notwithstanding 35:02, an employee may complain or grieve on any unsatisfactory working condition to Step 1 of the Grievance Procedure. The decision at Step 1 shall be final for such grievances.
(a) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement, Agreement or a signed Letter Memorandum of Understanding, Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. A policy grievance initiated by the Union shall be presented to the Chairperson of the Board, a policy grievance initiated by the Employer shall be presented to the President of the Union or designate.
(b) The dismissalWhere the parties fail to resolve a grievance under 35:04 (a), suspensioneither party may refer the grievance to Step 2 of the Grievance Procedure. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(c) Notwithstanding 35:06, demotion or written or verbal reprimand a grievance filed under 35:04 (a) shall not require the signature of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) 35:05 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights or recourse to the Grievance Procedure for that particular grievance shall be at an end. If Management the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the 35:06 The grievance shall be presented on the Union Grievance Form. A written in writing providing a description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified and/or expanded upon by the Union at any step providing the substance is not changed. Except for failure time prior to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputeArbitration.
15:07 Grievances concerning demotion, suspension, or dismissal 35:07 It is mutually agreed that an effort shall be initiated made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a Union representative present at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once such a grievance has been filed it then becomes the property of the union.
15:09 discussion. When a grievance cannot be presented in person, it may be transmitted by registered mail.
35:08 An employee has the right to representation by a Union representative at any step of the Grievance Procedure.
(a) Within fifteen (15) working days after the date upon which she was notified orally or in writing, courieror on which she first became aware of the action of the circumstances giving rise to the grievance, and/or emailthe employee shall present the grievance with the redress requested to the Executive Director of Family Visions Inc.
(b) The Executive Director or designate shall sign for receipt of the grievance, and shall issue a decision in writing to the employee and to the Union within fifteen (15) working days.
(c) The Executive Director should discuss the grievance with the employee and her representative before giving a decision on the grievance.
(d) For those grievances concerning unsatisfactory working conditions as defined in 35:03, the Executive Director shall hold a hearing to discuss the grievance with the employee and her representative before giving a decision on the grievance. As per 15:01Step Two A decision of the Executive Director may be submitted to Arbitration in accordance with Article 36, Grievance Arbitration Procedure, providing the category of the grievance is such as is defined in 35:02. The decision of the Arbitration Board shall be final and binding for all such grievances. Union approval must first be obtained before any matter is submitted to Arbitration.
35:09 Grievances concerning demotion, suspension or dismissal shall be initiated at Step 2 of the Grievance Procedure within fifteen (15) working days of the date that the employee became aware of the action.
35:10 The rejection of an employee will deal with on probation is not arbitrable.
35:11 An employee may withdraw a complaint in grievance by giving written notice to the following manner:Union and the Employer.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior The purpose of this grievance procedure is to provide a written grievance being filed and/or initiated, way to resolve disputes and complaints concerning the interpretation or application of this Agreement. This procedure is motivated by the desire of the parties shall meet to review settle disputes as promptly and as economically as possible. It assumes that there will be an xxxxxxx effort on the facts and circumstances giving rise to part of the complaint(s) and shall attempt parties to resolve disputes. It is intended to: • Help resolve disputes and complaints in as efficient a manner as possible; • Ensure that grievances are initiated promptly in order to avoid the matter(s) through discussion and the pursuit accumulation of reasonable alternatives. The aggrieved employee shall have the right and/or option old disputes; • Provide an opportunity for a hearing to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance every grievant who cannot resolve their grievance through informal discussions; and, • Provide for formal arbitration in grievances arising out of the imposition of serious discipline that cannot be resolved by less formal methods. In any instance where an employee believes that she or he has been underpaid pursuant to this Agreement, that employee shall, upon discovery of the error, bring it to the attention of the Chief and Deputy Chiefs. If the matter is not resolved informally and a grievance is filed to recover the underpayment, and if the employee prevails, the payment error shall be corrected on a retroactive basis for a period that extends back in time to a date that is not more than one hundred eighty (180) days before written notice of the error was provided by the employee. In any case in which it is determined that an employee has been overpaid pursuant to this Agreement, the overpayment shall be returned to the City immediately or as soon as reasonably feasible following a discussion with City management in which issues of the employee’s complaint through the process outlined in 15:01 abovepersonal hardship may be considered. At any step of this grievance procedure, the parties Executive Board of the Bargaining Unit shall have final authority to decline representation of an employee in the grievance process if, in the judgment of the Executive Board, an employee's grievance lacks merit or justification under the terms of this Agreement or has been adjusted or settled to the agreement recognized the desirability for a prompt resolution satisfaction of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform workExecutive Board.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 A. Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented submitted in personwriting, it may not be transmitted by registered mail, courier, and/or email. As per 15:01, an materially changed throughout the grievance procedure.
B. No grievance of a disciplinary action may be filed unless the employee will deal with a complaint who is the subject of the disciplinary action endorses and participates in the following mannergrievance.
C. Only grievances settled by mutual agreement between the Bargaining Unit and the City may be cited as precedent.
D. In the event a disciplinary action by the City affects more than one employee, each employee affected shall file an individual grievance. Local #900 and the City may agree in writing to combine groups of like grievances or to allow Local #900 to file a single grievance on behalf of all affected employees regarding a specific action. However, if the grievances of several employees are combined or consolidated, this shall not affect the individual treatment and consideration to be given to each employee's case.
E. The grievance procedures of this Agreement shall not be applicable to grievances arising in the period between the termination of this Agreement and the effective date of its successor.
F. Grievance decisions shall not be interpreted to change the meaning of the Agreement.
G. Employees may be represented by a Bargaining Unit Official at any step of the grievance procedure.
H. Whether or not an issue is grievable may ultimately be determined by the Article or Section of the contract specifically in question.
I. The time limitations set forth in this grievance procedure may be altered by the written agreement of the parties with regard to any particular grievance. With respect to the time limits set forth in this grievance procedure:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 12.01 The Employer acknowledges the right of the Union to appoint, or otherwise select a written grievance being filed and/or initiated, Grievance Committee of three (3) members who shall be Employees of the parties Employer. The membership of the Committee shall meet to review the facts and circumstances giving rise be communicated to the complaint(sEmployer.”
12.02 Should a dispute arise between the Employer and any Employee(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employeeregarding interpretation, the managermeaning, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work operation or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article application of this Agreement, or including any question as to whether a signed Letter of Understandingmatter is arbitrable, or a signed Memorandum of where an allegation is made that this Agreement between the parties.
(b) The dismissalhas been violated, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03should any other dispute arise, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step xxxxxxx effort shall be final for such grievances.
(a) If an employee or made to settle the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint dispute in the following manner:
STEP 1 Should an employee have a grievance, the matter shall be informally discussed with the employee’s immediate supervisor in an attempt to resolve the matter.
STEP 2 The Grievance may be submitted to the relevant Department Head, or his designated alternate, within ten (10) days of the occurrence of the initial event giving rise to the grievance. The relevant Department Head, or his designated alternate, shall reply within five (5) working days from the date of receipt of the grievance.
STEP 3 Failing satisfactory settlement at Step 1, the employee may, within five (5) working days of receipt of the reply of the relevant Department Head or his designated alternate, forward the grievance to the Chief Administrative Officer, or his designated alternate. The Chief Administrative Officer, or his designated alternate, shall reply within five (5) working days of the date of receipt of the grievance.
12.03 The Union may bring a Grievance in its own name provided that the subject matter of the Grievance is on behalf of a group of employees or deals with the interpretation or meaning of this Agreement. Such Grievances shall begin at Step 2.
12.04 Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed.
12.05 The Employer shall supply the necessary facilities for the grievance meetings.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to 12.01 The Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a written grievance being filed and/or initiatedcomplaint, the parties shall meet employee will be encouraged to review discuss the facts and matter with the employee’s Supervisor as soon as possible after the circumstances giving rise to the complaint(s) and shall attempt complaint occurs so that a dispute requiring reference to resolve the matter(s) through discussion and grievance procedure may be avoided wherever possible. As well, prior to the pursuit of reasonable alternatives. The aggrieved employee shall have Union filing a grievance starting at the right and/or option final level, as per 12.06, the parties are encouraged to have discuss the matter as soon as possible after the circumstances giving rise to the complaint occurs so that a Union Representative present at such discussion(s)dispute requiring reference to the grievance procedure may be avoided wherever possible.
15:02 12.02 Where an employee feels they will be aggrieved by the employeeinterpretation or application in respect of the employee of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the managerEmployer, dealing with terms and conditions of employment or, an alleged violation of any of the xxxxxxx and/or union representative if in attendance cannot resolve provisions of this Agreement by the Employer, or, as a result of any occurrence or matter affecting the employee’s complaint through terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the process outlined in 15:01 aboveLegislative Assembly of New Brunswick, and, where the parties employee has written consent of the Union respecting any grievance relating to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article application of this Agreement, the following procedure shall apply: STEP ONE: Within twenty (20) working days after the alleged grievance has arisen or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance, the employee may present the employee's grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in personwriting either by personal service, it may be transmitted by email or by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint on the form authorized by the Labour and Employment Board to the employee’s immediate supervisor or the person designated by the Employer as the first level in the following manner:grievance procedure. If the employee receives no reply or does not receive satisfactory settlement within fifteen (15) working days from the date on which the employee presented the employee's grievance to the employee’s immediate supervisor or to the person designated as the first level in the grievance procedure, the employee may proceed to Final Step. FINAL STEP: Within twenty (20) working days from the expiration of the fifteen (15) day period referred to in Step One, the employee may present a grievance in writing at the final level of the grievance process either by personal service, by e-mail or by registered mail to the employee's immediate supervisor or the person designated by the Employer as the final level in the grievance process for the Department in which the employee is employed. Any settlement proposed by the Employer at level one and any reply must accompany the grievance when it is presented at the final level to the person designated as the final level. The person designated as the final level shall reply to the grievance in writing to the employee within twenty (20) working days from the date the grievance was presented at the final level. Should the employee not receive a reply or satisfactory settlement of the employee's grievance within twenty (20) working days from the date on which the employee presented the employee's grievance at the final level, the employee may refer the employee's grievance to Adjudication as provided in Article 13 hereof, within fifteen (15) working days of the date on which the employee should have received a reply from the person designated as the final level.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to 17.01 Should a written grievance being filed and/or initiated, dispute arise between the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion Union and the pursuit University, a good faith effort shall be made to settle the dispute in accordance with the provisions of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s)this Article.
15:02 Where 17.02 For the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution purpose of the Agreement, a grievance through an orderly process shall be defined as outlined below in this Articleany difference arising out of the interpretation, without stoppage application, administration or alleged violation of work or refusal to perform workthe Collective Agreement.
15:03 17.03 A grievance is defined as a complaint in writing concerningmay be one of the following types:
(a) The Individual grievance: an individual Employee grieves against the University;
(b) Group grievance: two or more Employees grieve against the University for the same or similar reason, or based on the same or similar event, transaction or decision;
(c) Union or policy grievance: the PSAC grieves against the University’s interpretation, application, interpretation administration or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal17.04 Group grievances, suspensionUnion policy grievances, demotion University grievances, suspension and dismissal grievances, and grievances where the Department Head is the Employment Supervisor or written or verbal reprimand the employee grieving is in a non-Departmentalized Faculty, shall be initiated at Step Two of an employeethe grievance procedure.
15:04 Notwithstanding 15:0317.05 The griever shall be entitled to Union representation.
17.06 The parties agree that it is preferable to resolve problems through discussions among those persons directly concerned before submitting a grievance. To this effort, an the Employee is normally required to discuss any differences(s) with his or her Supervisor as soon as possible after the Employee becomes aware of the incident giving rise to the difference(s) upon request the employee may grieve on any unsatisfactory working condition up to have a Union representative present at such meetings and the Union representative shall not act as spokesperson during the meeting.
17.07 The Grievance Hearing Stage of the Procedure. The decision at this Step procedure shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the as follows: Step 1 A grievance shall be presented on submitted to the Union Grievance Form. A written description Administrative Head within twenty (20) days of the nature date on which the Employee knew or ought reasonably to have known of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article occurrence of the Agreement, such Article shall be so stated in matter giving rise to the grievance. The parties shall make an xxxxxxx effort to resolve the grievance at Step
1. The Administrator shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure provide a written response to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight ten (2810) calendar days of the date that the employee became aware receipt of the actiongrievance.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior The Employer and the Union encourage open, two-way communication and informal resolution of issues and problems between employees and supervisors. Each party shall make every attempt to a written grievance being filed and/or initiated, the parties shall meet to review the facts understand and circumstances giving rise resolve differences informally before resorting to the complaint(s) Formal Grievance Procedure. If differences cannot be resolved informally, they may be resolved utilizing the Grievance Procedure. Some legitimate differences regarding interpretation and/or the application of this Agreement may, in fact, require a formal grievance process. The purpose of this Article is to promote a prompt and shall attempt to resolve efficient process for the matter(s) through discussion investigation and resolution of grievances. Any problems arising in connection with the application or interpretation of this Agreement may be submitted as a grievance by any employee or group of employees in accordance with the procedures provided in this Article. Class action grievances may be filed at step two. The Employer and the pursuit of reasonable alternatives. The aggrieved employee Union agree that each shall have the right and/or option to have file a grievance on their own behalf regarding problems that may arise regarding interpretation or application of the Agreement. All grievances shall be submitted in writing and explicitly cite the Article allegedly violated and the requested remedy. All grievances and related requests for review shall be signed by the Grievant and the Xxxxxxx/ Union Representative present at such discussion(s).
15:02 Where Representative. Grievances, requests for review and decisions shall be delivered in person or by U.S. mail in person, by fax, or by email, to the employeeappropriate management representative, Grievant and Union representative. In the event of a question as to the timeliness of any mailed grievance step or response, the managerpostmark date stamp will indicate the end of one step or response and the date of receipt date stamp will mark the beginning of the next step or response. Grievances may be, by mutual written consent of the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 aboveparties, the parties referred back for further consideration or discussion to the agreement recognized the desirability for a prompt resolution prior step or advanced to a higher step of the grievance through an orderly process as outlined below procedure. The time limits contained in this Articleprocedure may be extended by mutual, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage agreement of the ProcedureEmployer and the Union. The decision at this Step shall be final for such grievances.
(a) If the Grievant or union representative fails to file an employee or the Union fail to initiate or process a grievance appeal within the prescribe time limits without a reasonable explanationlimit provided, the grievance will be deemed to be abandoned.
(b) have been resolved by the decision at the prior step. If Management the Employer fails to reply to a grievance within maintain the prescribed time limitslimits provided, the employee or Union shall process representative will advance the grievance to the next step.
(c) Either party . The Grievant and the Union xxxxxxx participating in the grievance and arbitration meetings shall not lose pay associated with regular scheduled work hours for time spent in meetings unless there are "class action" grievances involving more than one Grievant, in which case the parties shall mutually agree on pay issues. Witnesses may request an extension be asked to appear at grievance meetings without loss of pay by mutual agreement. Meetings held in accordance with the steps provided in the following procedure shall be scheduled at mutually agreed upon times. Whenever a settlement of a grievance is arrived at, it shall be final and binding upon both parties. It being understood that the Executive Board of the time limits Local Union, having final authority in writing where possible presenting, processing and adjusting the Union grievances or disputes arising under this Agreement, may in its action decline to process any grievance or dispute if in the judgment of the local Union Executive Board such grievance or dispute lacks merit or is unjustifiable under the terms of this Agreement or has been adjusted under the terms of this Agreement to the affected parties provided such extension is requested prior to the expiry satisfaction of the time allowedLocal Union Executive Board. An extension, if requested, It is the intent of the parties that grievances be adjusted informally and/or at the first level of supervision whenever possible. Settlements reached at step one of the grievance procedure shall not be unreasonably withheld.
15:06 Wherever possibleprecedent setting for future similar or dissimilar cases unless specifically agreed to. If an employee has a grievance, she/he the grievance Xxxxxxx/Union Representative shall be presented present it on the Union Grievance Form. A written description of appropriate form to the nature of immediate supervisor or the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure appropriate designee within twenty- eight (28) calendar 10 business days of the date that from when the employee became aware of the action.
15:08 Once event from which the grievance arose. The grievance shall contain a grievance has been filed it then becomes the property statement of the union.
15:09 When issue being grieved, identification of the contract provision violated and a proposed resolution. The immediate supervisor shall meet with the Grievant and a xxxxxxx within 10 business days of the receipt of the grievance cannot be presented in personand attempt to resolve the grievance. The immediate supervisor shall give a written decision to the Grievant, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in copy to the following manner:union, within 10 business days after the meeting. If the grievance is not resolved, the Grievant may appeal the decision to step 2 of the grievance procedure within 10 business days.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior (Refer to a written grievance being filed and/or initiatedNational Agreement Section 1.E.1 and Appendix C Issue Resolution) The Employer and the Union encourage open, the parties two-way communication and informal resolution of issues and problems between employees and supervisors. Each party shall meet make every attempt to review the facts understand and circumstances giving rise resolve differences informally before resorting to the complaint(s) Formal Grievance Procedure. Issues may be resolved utilizing the Issue Resolution Process or the Grievance Procedure. Some legitimate differences regarding interpretation and/or the application of this Agreement may, in fact, require a formal grievance process. The purpose of this Article is to promote a prompt and shall attempt to resolve efficient process for the matter(s) through discussion investigation and resolution of grievances. The Employer and the pursuit of reasonable alternativesUnion agree that all disputes will be settled as hereinafter provided. The aggrieved parties also agree that there shall be no lockouts on the part of the Employer or suspension of work on the part of the employees for the duration of the Agreement. Any problems arising in connection with the application or interpretation of this Agreement may be submitted as a grievance by any employee or group of employees in accordance with the procedures provided in this Article. Class action grievances may be filed at step two. The Employer and the Union agree that each shall have the right and/or option to have file a grievance on their own behalf regarding problems that may arise regarding interpretation or application of the Agreement. All grievances shall be submitted in writing and explicitly cite the Article allegedly violated and the requested remedy. All grievances and related requests for review shall be signed by the Grievant or union representative. Grievances, requests for review and decisions shall be delivered in person or by U.S. mail to the appropriate management representative, Grievant and Union Representative present at such discussion(s).
15:02 Where representative. In the employeeevent of a question as to the timeliness of any mailed grievance step or response, the managerpostmark will indicate the end of one step or response and the date of receipt will xxxx the beginning of the next step or response. If the response is by electronic mail, the xxxxxxx and/or union representative if in attendance cannot resolve date the employee’s complaint through response was sent will xxxx the process outlined in 15:01 abovebeginning of the next step or process. Grievances may be, by mutual written consent of the parties parties, referred back for further consideration or discussion to the agreement recognized the desirability for a prompt resolution prior step or advanced to a higher step of the grievance through an orderly process as outlined below procedure. The time limits contained in this Articleprocedure may be extended by mutual, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage agreement of the ProcedureEmployer and the Union. The decision at this Step shall be final for such grievances.
(a) If the Grievant or union representative fails to file an employee or the Union fail to initiate or process a grievance appeal within the prescribe time limits without a reasonable explanationlimit provided, the grievance will be deemed to be abandoned.
(b) have been resolved by the decision at the prior step. If Management the Employer fails to reply to a grievance within maintain the prescribed time limitslimits provided, the employee or Union shall process representative may advance the grievance to the next step. The Grievant and the Union xxxxxxx participating in the grievance and arbitration meetings shall not lose pay associated with regular scheduled work hours for time spent in meetings unless there are “class action” grievances involving more than one Grievant, in which case the parties shall mutually agree on pay issues. Witnesses may be asked to appear at grievance meetings without loss of pay by mutual agreement. Meetings held in accordance with the steps provided in the following procedure shall be scheduled at mutually agreed upon times.
(c) Either party may request an extension STEP 1 It is the intent of the time limits in writing where possible to parties that grievances be adjusted informally and/or at the affected parties provided such extension is requested prior to the expiry first level of supervision whenever possible. Settlements reached at step one of the time allowed. An extension, if requested, grievance procedure shall not be unreasonably withheld.
15:06 Wherever possibleprecedent setting for future similar or dissimilar cases unless specifically agreed to. If an employee has a grievance, the grievance she/he shall be presented present it on the Union Grievance Form. A written description of appropriate form to the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure immediate supervisor within twenty- eight (28) 15 calendar days of the date that from when the employee became aware of the actionevent from which the grievance arose. The grievance shall contain a statement of the issue being grieved, identification of the contract provision violated and a proposed resolution. The immediate supervisor shall meet with the Grievant and representative within 10 calendar days of the receipt of the grievance and attempt to resolve the grievance. The immediate supervisor or a xxxxxxx for a Management grievance shall give a written decision to the Grievant, with a copy to the union, within 10 calendar days after the meeting (xxxxxxx to supervisor if management grievance). If the grievance is not resolved, the Grievant may appeal the decision to step 2 of the grievance procedure within 10 calendar days after receipt of step 1 response.
15:08 Once STEP 2 The Human Resources Consultant or designee, and the appropriate department or area manager shall meet with a grievance has been filed it then becomes Union representative and the property Grievant within 10 calendar days of receipt of the union.
15:09 When a grievance cannot be presented in person, it appeal to attempt to resolve the grievance. Termination grievances may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:filed initially at step
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 17.1 A “grievance” is a written allegation by a member of the bargaining unit that the employee has been adversely affected by a violation, misapplication, or misinterpretation of an express provision(s) of this Agreement. An action to challenge application(s) of Board policies, administrative directives, rules, or procedures over matters not contained in this Agreement are not grievances under the provisions of this Article and shall be undertaken pursuant to such separate administrative procedures as established by the Board of Trustees. For all matters which have specified review procedures, such procedures shall be the sole method of review or challenge (e.g. Affirmative Action/PERB). A grievance may be filed by a unit member or by the Exclusive Representative. The grievant may elect to be represented by the Exclusive Representative at all formal levels of the grievance procedure and must inform the District in writing.
15:01 Prior 17.1.1 The grievant, a designated bargaining unit representative, and witnesses employed by the District, if any, participating in the processing of the grievance, shall suffer no loss in pay while attending meetings or appointments necessitated by the grievance which are mutually scheduled by the District and the Exclusive Representative.
17.1.2 An employee may present a grievance to the Employer and have such grievance adjusted without the intervention of the Exclusive Representative. If the employee elects not to be represented by the Exclusive Representative, the employee shall sign a waiver to that effect.
17.1.3 Any adjustment shall not be inconsistent with the terms of this Agreement. The Employer shall not agree to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as until the Exclusive Representative has received a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature copy of the grievance and the redress requested shall be sufficiently clear proposed resolution and if the grievance relates has been given an opportunity to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, file a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputeresponse.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 17.2 Once a grievance has been filed it then becomes initiated, all matters of dispute relating to it, which occur during the property processing of the uniongrievance shall become part of and be resolved in the grievance proceeding. Once a grievance has been resolved or a final decision rendered, no grievant shall be entitled to initiate a new grievance on any matter or occurrence which property could have been concluded in the first grievance.
15:09 When 17.3 Time limits may be extended or shortened by mutual agreement of the grievant and the District.
17.3.1 Failure of the grievant or the grievant’ s representative to adhere to the time limits of this Article shall constitute waiver of the grievance and acceptance of the District’s action or decision at the appropriate level.
17.3.2 If a Level One grievance or a Level Two appeal is filed within five days of a scheduled off- duty day for the grievant, the applicable time lines set forth in paragraphs 17.7.2, 17.7.3, 17.8, 17.8.2, 17.8.3, or 17.8.4.4 shall be tolled at request of the grievant.
17.4 No reprisal will be taken by the District against any grievant or participant in the grievance procedure by virtue of such participation. Forms and documents prepared solely for the processing of a grievance canshall be maintained in a separate file and shall not be presented placed in personthe employee’s personnel file.
17.5 Until final disposition of the grievance takes place, it the grievant shall conform to the original direction of the District.
17.5.1 If a grievance arises at a level above the employee’s immediate supervisor, the initial filing, which shall comply with the provisions of Level One, shall be made at Level Two.
17.5.2 If at any time during the processing of a grievance prior to the conclusion of Level Two, one or more other grievances are timely filed by any employee(s) involving the same or essentially the same facts and issues, the Superintendent/President may determine that the later filed grievances shall be consolidated with and heard together starting at the level at which the earliest grievance is then pending.
17.6 Prior to filing a formal grievance, and within 10 days after the grievant knows or reasonably should have known of the circumstances which form the basis of the grievance, the employee should discuss the problem with the immediate supervisor. The immediate supervisor should attempt to adjust the problem and shall respond verbally within five days of the meeting.
17.7 If the informal discussion does not resolve the grievance, a formal level grievance may be transmitted initiated not later than 20 days after the employee knew or reasonably should have known of the act or omission giving rise to the grievance. The grievant shall file a Level One Grievance Form with the immediate supervisor (Grievance Forms attached as Appendix C).
17.7.1 A grievance not containing the required information shall be rejected as being improperly filed. Such rejection shall not extend the time limits of this Article.
17.7.2 The immediate supervisor shall hold a formal conference with the grievant within 10 days of the filing of the grievance.
17.7.3 The supervisor shall communicate a written decision, including the reasons for the decision, to the grievant within 10 days of the formal conference.
17.8 If the grievance is denied at Level One, the grievant may file a Level Two written appeal to the Superintendent/President (or designee other than the employee’s immediate supervisor) within 10 days of the Level One denial.
17.8.1 The appeal shall contain all materials filed in Level One and the decision accompanied by registered mail, courier, and/or email. As per 15:01, an employee will deal a statement of the reason for the appeal.
17.8.2 The appeal shall also state the grievant election to proceed at Level Two by either (1) a meeting with a complaint in the following manner:Superintendent/President (or designee other than the employee's immediate supervisor) pursuant to paragraph 17.8.3 or (2) conciliation by the California State Mediation and Conciliation Service pursuant to paragraph 17.8.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 41:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 41:02 A grievance is defined as a complaint in writing filed by an employee, a group of employees, or either party to this Agreement concerning:
(a) The application, interpretation, or alleged violation of an Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(b) The dismissal, suspension, demotion, or written reprimand of an employee. The above categories of grievances can be processed up to and including Step 2 of the Grievance Procedure.
41:03 Notwithstanding 41:02, an employee may complain or grieve on any unsatisfactory working condition to Step 1 of the Grievance Procedure. The decision at Step 1 shall be final for such grievances.
(a) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement, Agreement or a signed Letter Memorandum of Understanding, Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. A policy grievance initiated by the Union shall be presented to the Chairperson of the Board, a policy grievance initiated by the Employer shall be presented to the President of the Union or designate. In all cases, such grievances shall be presented within twenty (20) working days from the action giving rise to the grievance.
(b) The dismissal, suspension, demotion or written or verbal reprimand Where the parties fail to resolve a grievance under 41:04 (a) either party may refer the grievance to Step 2 of the Grievance Procedures. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(c) Notwithstanding 41:06 a grievance filed under 41:04 (a) shall not require the signature of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) 41:05 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights or recourse to the Grievance Procedure for that particular grievance shall be at an end. If Management the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the 41:06 The grievance shall be presented on the Union Grievance Form. A written in writing providing a description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified and/or expanded upon by the Union at any time prior to Arbitration.
41:07 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a Union representative present at such a discussion. When a grievance cannot be presented in person it may be transmitted by registered mail.
41:08 An employee has the right to representation by a Union representative at any step of the Grievance Procedure.
(a) Within fifteen (15) working days after the date upon which he was notified orally or in writing, or on which he first became aware of the action of the circumstances giving rise to the grievance, the employee shall present the grievance with the redress requested to the Executive Director of COR Enterprises.
(b) The Executive Director or designate shall sign for receipt of the grievance, and shall issue a decision in writing to the employee and to the Union within fifteen (15) working days.
(c) The Executive Director should discuss the grievance with the employee and his or her representative before giving a decision on the grievance.
(d) For those grievances concerning unsatisfactory working conditions as defined in 41:03, the Executive Director shall hold a hearing to discuss the grievance with the employee and his or her representative before giving a decision on the grievance. A decision of the Executive Director may be submitted to Arbitration in accordance with Article 42, Grievance Arbitration Procedure, providing the substance category of the grievance is not changedsuch as is defined in :02. Except The decision of the Arbitration Board shall be final and binding for failure all such grievances. An employee may submit to meet the time limits, arbitration a grievance shall not regarding dismissal with or without Union approval but for all other arbitrable grievances, Union approval must first be deemed obtained before the matter is submitted to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputeArbitration.
15:07 41:09 Grievances concerning demotion, suspension, suspension or dismissal shall be initiated at the Grievance Hearing Stage Step 1 of the Procedure grievance procedure within twenty- eight fifteen (2815) calendar working days of the date that the employee became aware of the action.
15:08 Once 41:10 The rejection of an employee on probation is not arbitrable.
41:11 An employee may withdraw a grievance has been filed it then becomes by giving written notice to the property of Union and the unionEmployer.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 19:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 19:02 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation interpretation, or alleged violation of an Article article of this Agreement, Agreement or a signed Letter Memorandum of Understanding, Understanding or a signed Memorandum of Agreement between the parties.;
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee. The above categories of grievances can be processed up to and including Step 3 of the Grievance Procedure.
15:04 19:03 Notwithstanding 15:03Section :02, an employee may complain or grieve on any unsatisfactory working condition up to and including Step 2 of the Grievance Hearing Stage of the Procedure. The decision at this Step 2 shall be final for such grievances.
19:04 Where a grievance has been initiated and the nature of the grievance is such that it has or potentially could have widespread application affecting a number of employees; and where as a result the Union deems it impractical that each affected employee grieve separately the Union shall have the right to present a group grievance on those matters as defined in Section :02 (a). A group grievance shall be presented directly to the Chief Executive Officer of the Corporation within twenty (20) working days following the date upon which the employee(s) were notified orally or in writing, or on which the employee(s) first became aware of the action giving rise to the grievance.
(a) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an article of this Agreement or an approved written policy respecting conditions of employment, either party may initiate a policy grievance.
(b) Where the parties fail to resolve a grievance under Subsection :04 or :05 (a), either party may refer the grievance to Step 3 of the Grievance Procedure. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(c) Notwithstanding Section :07 a grievance filed under Subsection :05 (a) shall not require the signature of an employee.
19:06 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights of recourse to the Grievance Procedure for that particular grievance shall be at an end. If Management management fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 19:07 Wherever possible, the grievance shall be presented on the Union Official Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article article of the Agreement, such Article article shall be so stated in the grievance. The grievance Grievance shall be signed by the employee and may be clarified at any step providing the its substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Official Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension19:08 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved
19:09 An employee has the right to representation by a Union xxxxxxx and/or Union representative at any step of the Grievance Procedure.
(a) Within twenty (20) working days after the date upon which the employee was notified orally or in writing, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that on which the employee first became aware of the actionaction or circumstances giving rise to the grievance, the employee shall present the grievance with the redress requested to the Chief Officer or designate.
15:08 Once a grievance has been filed it then becomes the property (b) The Chief Officer or designate shall sign for receipt of the uniongrievance and if the nature of the grievance is such that they are authorized to deal with it, they shall issue a decision in writing to the employee and to the Union within fifteen (15) working days.
15:09 When (c) The Chief Officer or designate may hold a hearing to discuss the grievance with the employee and the employee’s representative before giving a decision on the grievance.
(d) If the nature of the grievance is such that a decision cannot be presented given below a particular level of authority, the Chief Officer or designate shall forward the grievance to the appropriate authority at the appropriate step of the Grievance Procedure and so inform the employee and the Union. The time limits and the procedures of the appropriate step shall then apply.
(e) The Corporation official may discuss the grievance with the employee and their Union representative before giving a decision of the grievance.
(a) If the grievance is not resolved satisfactorily at Step 1, the employee shall have the right to submit the same grievance and the redress requested to the Chief Executive Officer of the Corporation or designate within fifteen (15) working days of the receipt of the decision at Step 1.
(b) The Chief Executive Officer or designate shall sign for receipt of the grievance and issue a decision in personwriting to the employee and to the Union within fifteen (15) working days of receipt of the grievance.
(c) The Chief Executive Officer or designate may hold a hearing to discuss the grievance with the employee and the Union representative before giving a decision on the grievance.
Step 3 Where the decision of the Chief Executive Officer or designate at Step 2 does not satisfactorily resolve the grievance, it the same grievance and redress requested may be transmitted by registered mailsubmitted to arbitration in accordance with Article 20:01, courier, and/or emailproviding the category of grievance is such as is defined in Section :02 of this Article. As per 15:01The decision of the Arbitration Board shall be final and binding for all such grievances. All grievances require approval of the Union prior to being processed to arbitration.
19:10 Subject to Section :09 Step 3, an employee will deal with or the Union may withdraw a complaint in grievance at any step of the following manner:grievance/arbitration procedure by giving written notice to the Corporation. An employee may abandon a grievance by not processing it within the prescribed time limits.
19:11 A grievance arising from a selection dispute or from the demotion, suspension or dismissal of an employee shall be initially presented at Step 2 of the Grievance Procedure.
19:12 The rejection of a new employee on probation is not arbitrable.
19:13 Classification disputes shall not be channelled through Step 1 and 2 of the Grievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The employee who has a complaint shall refer it to his/her immediate supervisor either directly or through his/her union representative. If the complaint is not satisfactorily settled, it may then be treated as a grievance and may be reduced to writing, dated and approved by the proper Union official. The supervisor or department/area manager shall acknowledge the request for a grievance meeting by signing the grievance form in the appropriate place. of the dated and signed grievance will be provided to the supervisor at the time of his/her acknowledgement of the grievance. The grievance thereafter shall be processed through the following channels in sequence.
15:01 Prior Step 2 The Department Xxxxxxx and Vice-President and/or his/her representative the Department/Area Manager of the department and/or his/her representative. A Xxxxxxx shall be a member of the department which s/he represents. However, in the case of a small department, a Xxxxxxx can be a member of another department. The Department Xxxxxxx, President, Vice-President and/or their representative(s) and the Department Head of the department and/or his/her representative(s). If a Xxxxxxx, at Step or is away from the plant and will either not be available within a reasonable period of time to a written negotiate the grievance, or it is desired that the grievance being filed and/or initiatedbe processed without undue delay, the parties shall meet to review President, Vice-President and/or their representative(s) may be substituted.
Step 4 The Department Xxxxxxx and/or a member or members of the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion bargaining committee and the pursuit of reasonable alternativesManager Industrial Relations and the Plant Manager and/or their representatives. The aggrieved employee A staff representative shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution attend upon request of the Union. Any grievance through an orderly process as outlined below in this Articlearising from the interpretation, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation administration, or alleged violation of the Agreement, including incentive standards, which has not been settled under the grievance procedure including any question as to whether a matter is may within, but not more than forty-five calendar days after completion of Step be submitted to arbitration by either party. When either party to this Agreement requests that a grievance be submitted to arbitration, they make such request in writing, and address same to the other party. Such request shall contain insofar as possible, a complete and accurate statement of the grievance matter to be arbitrated. Within five calendar days of receipt of this notice, each party shall appoint an Article arbitrator, and notify the other party of its appointee. The two arbitrators so appointed shall select a chairman of the arbitration board within five calendar days. In the event of failure to agree upon a chairman, either or both parties shall make application to the Minister of Labour for Ontario, asking that s/he nominate a chairman. A decision by the majority of the arbitration board shall be final and binding upon both parties and the employees. Each of the parties shall pay the charges and expenses of its appointees. The charges and expenses of the chairman of the arbitration board (if any) shall be borne equally by the Company and the Union. The arbitration board shall not be to make any decision inconsistent with the provisions of this Agreement, or a signed Letter of Understandingnor to alter, modify, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on amend any unsatisfactory working condition up to the Grievance Hearing Stage part of the ProcedureAgreement. The decision at this Step shall Unless mutually agreed, no matter may be final for such grievancessubmitted to arbitration which has not been properly carried through all previous steps of the grievance procedure.
(a) If an employee or In all cases of arbitration, a single arbitrator will be substituted for a Board of Arbitration provided for in this Article V unless the Union and the Company mutually agree to proceed by means of a Board of Arbitration. In all cases of substitution of a single arbitrator for a Board of Arbitration, as outlined in subsection (a) above, all other applicable provisions of Article v will continue to apply so far as they are relevant. Grievances on occupational hourly rate ceilings and base rates in effect on the effective date of this Agreement are not subject to arbitration. Grievances pertaining to hourly rates under ceilings and new base rates established after the effective date of this Agreement (except those rates affected by general wage adjustments) shall be subject to the arbitration procedure as defined in STEP except that in such instances a single arbitrator will be substituted for the arbitration board. This arbitrator will be selected by agreement between the parties or by the Minister of Labour for Ontario if the parties fail to initiate agree on their selection within five days after either party files a request for arbitration of the grievance, and s/he shall be a member of a reputable industrial engineering and knowledgeable in the field of Industrial Engineering. On a question pertaining to incentive standards and/or the application or cancellations of fixed process a grievance within the prescribe allowances for physically restricted increments of time limits without a reasonable explanationand variable process allowance schedules in connection with an incentive standard, the grievance will Company and Union arbitrators shall appoint a reputable industrial engineering company for advice and counsel. Failing agreement on such appointment, the Chairman of the arbitration board shall make the appointment. The Company so selected shall be required to make a thorough time study of the standard and/or process allowance schedule that is questioned before reporting to the Board. The charges and expenses of the industrial engineering company shall be borne equally by the Company and the Union. Any difference between the Company and the Union as to the interpretation of this Agreement and any allegation by either party that the other has violated any terms of this Agreement, shall be deemed to be abandoned.
(b) If Management fails to reply to a grievance within grievance. In the prescribed time limitsevent that such interpretation affects all employees in the bargaining unit, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance it shall be presented on the Union Grievance Form. A written description of the nature originally in STEP 3 of the grievance and procedure. Meetings will be arranged promptly in accordance with clause to suit the redress requested convenience of the parties, but insofar as possible not to interfere with working hours. A block of time shall be sufficiently clear and set aside each week (if needed), mutually agreed to by both parties, to deal with outstanding third step grievances. Meetings shall start no earlier than If a problem arises requiring a Xxxxxxx to contact employees during working hours, such contact shall be arranged by the grievance relates to an Article Xxxxxxx through either the immediate supervisor or the Department/Area Manager concerned. Executive Officers of the AgreementUnion, such Article Stewards and local Union representatives (a current list to be provided by the Union) shall be permitted to enter the plant when off shift for the purpose of investigating grievances or conducting Union business. Before entering the plant, s/he shall comply with Company security regulations then in effect which regulations currently provide as follows: He shall register with the security guard and be issued a pass. He shall present his/her pass to the supervisor of the employee to be interviewed and secure his/her permission to contact the employee so stated in that the grievanceleast possible delay will result. The grievance Such pass shall be signed by the employee supervisor designating the time of entry and departure from the department. Upon his/her departure from the plant, s/he shall register out and surrender his/her pass to the security guard. Within three working days excluding Saturday, Sunday, and holidays, after receiving a dated grievance, supervision shall answer in writing giving the necessary information to show the solution or the action being taken toward the solution of the grievance. A request for a meeting on a grievance may be clarified at any step providing the substance is not changed. Except for failure to meet the time limitswritten and if in writing, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at in triplicate signed by the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be Xxxxxxx concerned, and presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint to management in the following manner:: date of presentation. The Department/Area Manager or his/her representative will initial receipt of same on both copies and return copy number 2 to the Xxxxxxx. If the grievance is not settled at Step and the Union desires to obtain a meeting at Step of the grievance procedure, the President or vice-president of the Union or a representative by them will present copies 2 and 3 of the written request signed by the contact man to the Department Head concerned and such copies shall contain the date of presentation. The above Department Head will initial receipt of same on both copies and return copy number 2 to the Union contact man. If the grievance is not settled at Step and the Union desires to obtain a meeting at Step the Union will arrange such meeting with the Manager Industrial Relations through their normal contact. Such request will not be made in writing. A meeting on a grievance shall be scheduled within three working days excluding Saturday, Sunday and holidays, after the date of request for a meeting or at such later date as may be mutually agreed. If succeeding meetings at any step in the grievance procedure are required, they shall be arranged within three working days unless otherwise mutually agreed upon; provided however, meetings shall not be scheduled on Saturday, Sunday, or holidays except by mutual agreement. The Union agrees that the final written answer of management to a grievance at any step in the grievance procedure shall dispose of the grievance unless such grievance is appealed within ten calendar days excluding any vacation shutdown period from the date of management's final answer. The only exception shall be that of an appeal to arbitration wherein forty-five calendar days is allowed. If the Company requests the presence of an employee at a meeting, the compensate the employee for such time as follows: Time Work At his/her customary hourly rate. Incentive The Base Rate of his/her job at his/her average unit hour. In addition, the employee will be paid any shift premium to which s/he would be entitled for hours lost from his/her normal shift because of such meeting. Company agrees to provide all grievance meeting minutes to the local Union. Discharge Clause If an employee feels that s/he has been unjustly suspended or discharged, s/he shall have the right to appeal his/her case in accordance with the grievance procedure set forth in Article V of this Agreement. Such appeal must be in writing addressed to the Company and the Union, and must be in the Company's hands no later than three working days, excluding Saturday, Sunday and holidays, after the effective date of his/her suspension or discharge. If such appeal is properly made, the matter shall be negotiated through the regular channels and if it is determined that the employee has been unjustly suspended or discharged, s/he shall be reinstated to his/her former position without loss of seniority, and shall be compensated at his/her average earnings for normal hours lost from work because of the suspension or discharge less any penalty mutually agreed or decided by arbitration. It is understood that when a department/area manager receives a written grievance pertaining to the appealing of a suspension or discharge, s/he shall be available for negotiating such grievance within one working day, excluding Saturday, Sunday and holidays, after the receiving of the grievance. Both parties of Step shall be available for negotiating such grievance within one working day, excluding Saturday, Sunday and holidays, after the completion of Step #I. Both parties of Step shall be available for negotiating such grievance within one working day, excluding Saturday, Sunday and holidays, after the completion of Step day as referenced in this clause may be extended by mutual agreement. In the event an employee is suspended or discharged, the supervisor concerned shall notify such employee's Xxxxxxx if on shift, or as soon as possible, of such suspension or discharge. The action of restricting an employee from work will follow the process as set out in Grievance The Company and the Union desire that, insofar as possible, all grievances should be settled at the first step of the grievance procedure. A grievance after it has reached Step shall not be settled at any previous step unless with the consent of the Manager Industrial Relations or his/her representatives and the bargaining committee or their representatives. Both parties agree to follow the grievance procedure in the sequence of steps as outlined in this Article. The Union agrees there shall be no strike, partial or complete, slowdown, or stoppage of work on grievances that are proper subjects for arbitration, nor shall there be any strike, partial or complete, slowdown or stoppage of work on grievances that are not proper subjects for arbitration. The Company agrees there shall be no lock-out under the same conditions. The Union agrees that in event of a legal strike, employees in the bargaining unit will provide for maintenance and operation of all essential services for the protection of plant property and products. It is understood that if the Union feels that the Company is requesting more employees in an individual occupation than are necessary for such such problem will be negotiated to a satisfactory conclusion.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 SECTION A. A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or an alleged violation of an a specific Article and Section of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesagreement.
(b) The dismissalSECTION B. Subject to Section K or this Article, suspension, demotion if the grievance involves the discharge or written or verbal reprimand discipline of an employeeemployee for cause, it shall be processed in accordance with the provisions of the City of Farmington Hills Police and Fire Protection Ordinance and Police Manual.
15:04 Notwithstanding 15:03SECTION C. If any grievance (except those excluded in Section B above) arises during the term of this agreement, an employee such grievance may grieve on any unsatisfactory working condition up be submitted to the following Grievance Hearing Stage of the Procedure: Step One. The decision at this Step shall be final for such grievances.
(a) If an employee feels he has a grievance, he shall, within five (5) working days of the time the alleged violation occurred, present the grievance orally to his immediate supervisor or other designated supervisor as the Union fail to initiate or process a grievance within case may be. Unless the prescribe time limits without a reasonable explanationsupervisor determines otherwise, the meeting will occur immediately before the end of the employee's work shift. The employee's Association representative may be in attendance if the employee so requests. If the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limitsis not satisfactorily adjusted, the employee or Union shall process may submit a written grievance at Step Two. Step Two. If the grievance is not resolved in Step One, the employee may reduce his grievance to writing on a mutually acceptable grievance form and present the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowedAssistant Police Chief for a written answer. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the The written grievance shall be presented on the Union Grievance Form. A written description filed within ten (10) working days of the nature alleged violation. It shall name the employees involved, shall state the facts giving rise to the grievance, shall identify the provisions of this agreement alleged to be violated by appropriate references, shall state the contention of the grievance employee and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the AgreementAssociation with respect to those provisions, such Article shall be so stated in indicate the grievance. The grievance relief requested, and shall be signed by the employee and may be clarified at any step providing the substance is not changedemployee. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspensionThe Assistant Police Chief, or dismissal his designated representative, shall be initiated at give the Grievance Hearing Stage employee an answer in writing no later than ten (10) working days after receipt of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the actionwritten grievance.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior 18.1 A grievance shall be defined as a dispute as to the meaning of specific provisions of this Agreement. Having a written grievance being filed and/or initiateddesire to create and maintain labor relations harmony among them, the parties shall meet hereto agree that they will promptly attempt to review adjust any grievances arising under this Agreement. Should a grievance arise between the facts parties to this Agreement or between the employees covered herein and circumstances the District, the aggrieved party to this Agreement or the employee/employees as the case may be, will have five (5) days from the happening giving rise to the complaint(s) and "grievance" or from the date a reasonable person should have had knowledge thereof to begin the first step of the following procedure as the sole means of settling said grievance in the following manner:
STEP 1 If there is an employee aggrieved, he shall bring his grievance to the attention of his xxxxxxx who shall, if he deems same to be meritorious, attempt to resolve settle the matter(s) through discussion grievance with the General Manager and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up STEP 2 Failing to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, settle the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possibleaccordance with Step 1, the grievance shall be presented on reduced to writing, signed by the Union Grievance Formgrievant or grievants and the xxxxxxx, and submitted to the Director within 72 hours after failing to achieve agreement with the General Manager. A written description The Director shall respond in writing to the grievance within 72 hours of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates receipt thereof. Either party may request a meeting to an Article of the Agreement, such Article shall be so stated in discuss the grievance. The Staff Representative for the Union may participate in any step of the grievance procedure.
STEP 3 With mutual agreement, grievance mediation may be utilized by the parties after Step 2 of the Grievance Procedure is completed. Either party may request to mediate by forwarding a written request within fifteen (15) workdays following the Step 2 answer. If the District and the Union mutually agree to mediate, the time lines for filing a request for arbitration will be suspended subject to the mediation procedure. A party refusing mediation must give written notice of refusal to the other party within ten (10) workdays of the receipt of the request to mediate. If mediation is refused, applicable time limits for appealing a grievance to arbitration contained in this collective bargaining agreement shall commence on the day the refusal notice is received. The parties agree to use the services of the Federal Mediation Conciliation Service (FMCS), the State Employment Relations Board (SERB) or other mutually agreed upon mediation service. Notices of mediation requests are to be signed by both parties and forwarded to the employee and mediator by the moving party. Should the availability of a mediator unnecessarily delay the processing of a grievance, in the opinion of either party, then either party may withdraw its consent to mediation by notifying the other party in writing. The grievance may then proceed to arbitration. The Union may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated represented at the Grievance Hearing Stage mediation by the President, the Chief Xxxxxxx or a Xxxxxxx designated by the President, the grievant and a representative of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:AFSCME Ohio Council
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 16:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 16:02 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation interpretation, or alleged violation of an Article article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.or an approved written policy respecting conditions of employment; and,
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee. The above categories of grievances can be processed up to and including Step 3 of the Grievance Procedure.
15:04 16:03 Notwithstanding 15:03Article 16:02, an employee may complain or grieve on any unsatisfactory working condition up to and including Step 2 of the Grievance Hearing Stage of the Procedure. The decision at this Step 2 shall be final for such grievances.
16:04 Where a grievance has been initiated and the nature of the grievance is such that it has or potentially could have widespread application affecting a
(a) Such group grievances shall be presented directly to the Chief Executive Officer of the Corporation within twenty (20) calendar days of the date of the action giving rise to the grievance.
(a) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an article of this Agreement, signed Memorandum of Agreement or an approved written policy respecting conditions of employment, either party may initiate a policy grievance.
(b) Where the parties fail to resolve a grievance under Article 16:04 or Article 16:05 (a), either party may refer the grievance to Step 3 of the Grievance Procedure. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(c) Notwithstanding Article 16:07, a grievance filed under Article 16:05 (a) shall not require the signature of an employee.
16:06 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights of recourse to the Grievance Procedure for that particular grievance shall be at an end. If Management management fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.the
15:06 16:07 Wherever possible, the grievance shall be presented on the Union Official Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article article of the Agreement, such Article article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changedemployee. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Official Grievance Form or for failure to quote the Article correct article in dispute. The grievance may be clarified at any step providing its substance is not changed.
15:07 Grievances concerning demotion, suspension, or dismissal 16:08 It is mutually agreed that an effort shall be initiated made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a Xxxxxxx present at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once such a grievance has been filed it then becomes the property of the union.
15:09 discussion. When a grievance cannot be presented in personperson at any step, it may be transmitted by registered mail, courier, .
16:09 An employee has the right to representation by a Union Xxxxxxx and/or email. As per 15:01, an employee will deal with a complaint in Union representative at any step of the following manner:Grievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18:01 The parties to this Agreement emphasize the necessity of a satisfactory grievance procedure, the purpose of which is to provide an orderly and effective process for consideration and prompt resolution of the grievances of employees within the bargaining unit.
15:01 Prior 18:02 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance being filed and/or is initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative her representative present at such discussion(s)a discussion. When a grievance cannot be presented in person at any step, it may be transmitted by registered mail.
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in 18:03 In this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerningprocedure:
(a) The A grievance shall mean a written dispute between the Centre and an employee regarding the application, interpretation interpretation, or alleged violation of this Collective Agreement. A grievance from the employee(s) or Union shall be on a Union grievance form.
(b) The written description of the nature of the grievance shall be sufficiently clear and shall state the redress requested.
(c) At any stage of the grievance procedure, the grievor or the Union representative may clarify the written description of the grievance providing the substance of the grievance does not change.
(d) Policy grievance means a complaint in writing presented by the Union concerning the application or interpretation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties. Such grievances shall be instituted at Step 3.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) 18:04 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights of recourse to the grievance procedure for that particular grievance shall be at an end. If Management the Centre fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible18:05 Step 1
18:06 The immediate Supervisor shall, the grievance shall be presented on the Union Grievance Form. A written description within fourteen (14) calendar days of the nature receipt of the grievance and referenced in Article 18:05, respond to the redress requested grievance.
18:07 Step 2
18:08 The Director, Coordinator or designate shall, within fourteen (14) calendar days after receipt of the written grievance, reply in writing to the grievor.
18:09 Step 3
18:10 The CEO or designate shall be sufficiently clear and if review the grievance relates and, where necessary, conduct a hearing into the matter and reply in writing to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight fourteen (2814) calendar days of the date that matter being referred to him.
18:11 In the case of a dispute arising from the disciplinary demotion, suspension or dismissal of an employee, the grievance shall initially be presented at Step 3, within fourteen (14) working days of the disciplinary demotion, suspension or dismissal.
18:12 For complaints of an urgent nature, a representative shall first obtain the permission of his/her immediate Supervisor before leaving work to investigate such complaint with the employee became aware of and Supervisor or Centre official concerned. Such permission shall not be unreasonably sought or withheld. On resuming normal duties, the actionrepresentative shall notify his/her Supervisor.
15:08 Once 18:13 When it is necessary for a representative to investigate a complaint or grievance during working hours, no deduction in salary shall be made from the representative or employee concerned, providing that each has been filed it then becomes obtained approval from their Supervisor(s) for the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will time required to deal with a the complaint in or grievance. On resuming their duties the following manner:representative and employee shall notify their Supervisor(s).
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 41:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 41:02 A grievance is defined as a complaint in writing filed by an employee, a group of employees, or either party to this Agreement concerning:
(a) the application, interpretation, or alleged violation of an Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(b) the dismissal, suspension, demotion, or written reprimand of an employee. The above categories of grievances can be processed up to and including Step 3 of the Grievance Procedure.
41:03 Notwithstanding Section :02, an employee may complain or grieve on any unsatisfactory working condition up to and including Step 2 of the Grievance Procedure. The decision at Step 2 shall be final for such grievances.
(a) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter Memorandum of Understanding, Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. A policy grievance initiated by the Union shall be presented to the Chairperson of the Board, a policy grievance initiated by the Employer shall be presented to the President of the Union or designate.
(b) The dismissal, suspension, demotion or written or verbal reprimand Where the parties fail to resolve a grievance under :04(a) either party may refer the grievance to Step 3 of the Grievance Procedure. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(c) Notwithstanding Section :06 a grievance filed under :04(a) shall not require the signature of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) 41:05 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights or recourse to the Grievance Procedure for that particular grievance shall be at an end. If Management the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 41:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written in writing providing a description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee Employee and may be clarified at any step providing the its substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal 41:07 It is mutually agreed that an effort shall be initiated made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a representative present at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once such a grievance has been filed it then becomes the property of the union.
15:09 discussion. When a grievance cannot be presented in personperson at any step, it may be transmitted by registered mail.
41:08 An employee has the right to representation by a Union Representative at any step of the Grievance Procedure.
(a) Within twenty (20) working days after the date upon which he was notified orally or in writing, courieror on which he first became aware of the action or circumstances giving rise to the grievance, and/or email. As per 15:01, an the employee will shall present the grievance with the redress requested to the Executive Director of Career Connections Inc.
(b) The Executive Director shall sign for receipt of the grievance and if the nature of the grievance is such that he or she is authorized to deal with it, the Executive Director shall issue a complaint decision in writing to the following manner:employee and to the Union within fifteen (15) working days.
(c) The Executive Director may discuss the grievance with the employee and his or her representative before giving a decision on the grievance.
(d) If the nature of the grievance is such that a decision cannot be given below a particular level of authority, the Executive Director shall forward the grievance to the Chairperson of the Board at the appropriate step of the Grievance Procedure and so inform the employee and the Union. The time limits and the procedure of the appropriate step shall then apply.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. Section 1: Any dispute concerning the interpretation or application of an expressed provision of this Agreement or a Rule and Regulation shall be subject to this, and exclusive to this, grievance procedure.
15:01 Prior to STEP 1: The UNION Grievance Committee, upon receiving awritten and signed request, shall determine if a written grievance being filed and/or initiatedexists. If, in their opinion, no grievance exists, the parties shall meet matter will be deemed settled. In the event the UNION chooses not to review pursue a grievance involving demotion or termination, the facts and circumstances giving rise to employee filing a grievance may pursue the complaint(s) and shall attempt to resolve matter, without the matter(s) through discussion and assistance of the pursuit UNION, in accordance with the remainder of reasonable alternativesthis Article. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where All costs incurred by the employee, the manager, the xxxxxxx and/or union representative if in attendance canincluding but not resolve the employee’s complaint through the process limited to those outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution Section 7 of the grievance through an orderly process as outlined below in this Article, without stoppage will be the responsibility of work or refusal the employee. Should a terminated employee choose to perform workarbitrate their dispute, both the CITYof Henderson and the employee will be required to place five thousand dollars ($5,000) into an escrow account to ensure the payment of the arbitrator as detailed in Section 7 of this Article. Should the grieving individual fail to comply with this requirement within twenty-one (21) calendar days of notification of the escrow account details, they will forfeit their ability to arbitrate the issue and the matter will be considered withdrawn and resolved.
15:03 A STEP 2: If a grievance is defined as a complaint in writing concerning:
exists, the Grievance Committee Chairman shall, with or without the physical presence of the aggrieved employee, within thirty (a30) The applicationcalendar days from the date of the occurrence, interpretation or alleged violation of an Article of this Agreement, or present a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up grievance to the Grievance Hearing Stage of the Proceduredepartment head or their designee for adjustment. The decision at this Step shall grievance will contain the specific provisions of thecontract alleged to be final for such grievances.
violated. STEP 3: If, within thirty (a30) If an employee calendar days after submission to the Fire Chief or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanationtheir designee, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limitshas not been settled, the employee or Union shall process the grievance UNION may submit it for adjustment to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspensionCity Manager, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure designee, within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:additional seven
Appears in 1 contract
Samples: Labor Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to 14.01 For the purposes of this Agreement a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The applicationany difference between the Company and the Union, and/or those parties on whose behalf this Agreement was entered into, concerning the interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
14.02 Any employee who considered herself aggrieved shall first attempt to obtain a satisfactory settlement from her/his Manager within five (b5) days of the occurrence of the event or reasonable awareness thereof. An extension to this time limit may be granted and shall not be unreasonably withheld. The dismissalsupervisor will render their decision within five (5) days. Where the employee feels that the result is not satisfactory, suspension, demotion or a grievance may be initiated in writing within ten (10) days of the decision of the employee's manager. The written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up grievance shall be presented to the Grievance Hearing Stage of the Procedure. Vice President, Customer Services or his designate:
14.03 The decision at this Step shall be final for such grievances.
(a) If an employee Company or the Union fail to may initiate a general or process a policy grievance in writing on any difference concerning the interpretation, or alleged violation of this Agreement within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
fifteen (b15) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension days of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowedoccurrence or reasonable awareness thereof. An extension, if requested, extension to this time limit may be granted and shall not be unreasonably withheld.
15:06 Wherever possible, 14.04 Any grievance not submitted within the grievance prescribed time limits will be considered to have been abandoned and without recourse. An extension to this time limit may be granted and shall not be unreasonably withheld.
14.05 All grievances shall be presented on signed by the griever, or the Union Grievance Form. A written description of Officer on her/his behalf, and specify in writing the following:
(a) The nature of the grievance and the redress requested circumstances out of which it arose.
(b) The Article or Articles alleged to have been violated.
(c) The remedy or correction requested.
14.06 At any hearing held throughout these grievance procedures, the griever(s) shall have the right to be sufficiently clear and if represented by an employee of the Company or a duly accredited representative(s) of the Union.
14.07 Upon request of either party, the other party shall provide the requesting party with copies of all documents relevant to the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if extent it is not written on the Union Grievance Form or for failure practical and reasonable to quote the Article in disputedo so.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 14.08 Once a grievance has been filed it then becomes initiated the property following limits shall apply:
(a) A hearing shall be held within ten (10) days of receipt by the Company of a written notice of grievance.
(b) All decisions shall be rendered within ten (10) days of the unionhearing and shall be communicated in writing to all parties concerned.
15:09 When a grievance can(c) Grievance appeals shall be lodged in writing within ten (10) days of receipt of the decision.
(d) Time limits will be exclusive of Saturdays, Sundays and General Holidays and may be extended by mutual agreement in writing. Such extensions shall not be presented in personunreasonably withheld.
(e) Any grievance decision not appealed by the Union or the Company within the relevant time limits, except where the time limits have been extended by mutual agreement, shall be final and binding on the parties concerned, however it will be considered without prejudice.
(f) The Company shall make every effort to reply within the relevant time limits. Any grievance decision not rendered by the Company within the relevant time limits, except where the time limits have been extended by mutual agreement, shall be automatically advanced to the next step.
14.09 Any grievance not resolved may be transmitted by registered mailreferred to Arbitration, courier, and/or email. As per 15:01, an employee will deal in accordance with a complaint in the following manner:Article 15.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to 10.01 A grievance is a written grievance being filed and/or initiateddifference between an employee and the Company regarding the interpretation, application, administration or alleged violation of this Agreement. Should any such difference arise, the parties shall meet employee concerned must discuss and attempt to review resolve the facts and circumstances difference with the Centre Manager before using the Grievance Procedure. If the answer of the Centre Manager is unsatisfactory, an xxxxxxx effort will be made to settle the difference in the following manner: The employee may, provided it is done within ten (10) calendar days of the incident giving rise to the complaint(s) difference, present it as a grievance to the Centre Manager. All grievances will be in writing stating the issue being grieved, the remedies sought and shall attempt to resolve signed by the matter(s) through discussion and the pursuit of reasonable alternativesgrievor. The aggrieved employee shall have the right and/or option to have grievor may, at his/her option, be accompanied by a Union Representative present at such discussion(s).
15:02 Where Representative. The Centre Manager will provide the employee, grievor with a written decision within ten (10) calendar days from the manager, date the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties grievance was presented to the agreement recognized Centre Manager. It is understood that these decisions will be without precedent to any future case. If the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Articledecision is unsatisfactory, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerningthen:
(a) Within ten (10) calendar days of receiving the answer at Step No. 1, the grievor may refer the matter in writing to the Retail Market Manager. The applicationRetail Market Manager or designate, interpretation or alleged violation accompanied by such other personnel as they consider necessary, will, within ten (10) calendar days meet with the grievor and a Union Representative. A written decision will be supplied to the grievor within ten (10) calendar days of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the partiesmeeting.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to Where there is a difference between the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or Company and the Union fail to initiate concerning the interpretation, application, administration or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension alleged violation of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the this Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limitseither party may, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight ten (2810) calendar days of the date that incident giving rise to the difference, file a grievance with the other party. Grievances of this nature shall not be capable of forming the subject matter of an employee grievance and shall be initiated at Step No. 2.
9.02 When an employee is demoted by the Company, the employee became aware shall have their current rate of pay protected for a period of sixty (60) days after which the employee will be placed at the same hourly rate progression step of the actionlower classification and paid at the corresponding lower hourly rate.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior In addition to a written grievance being filed and/or initiatedthe rights of the parties in accordance with ss. 123 and 124 of the Police Services Act, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall may attempt to resolve a difference concerning the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employeeinterpretation, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation administration or alleged violation of an Article any of the provisions of this AgreementAgreement as follows:
(1) When a Member of the Senior Officers' Association has any complaint, they shall convey orally to the superior responsible for the complaint and the Member and the superior shall make every effort to resolve the problem at this preliminary stage. Should the Member and the superior fail to resolve the complaint to the satisfaction of the Member, or a signed Letter of Understandingif the superior fails to discuss, acknowledge or a signed Memorandum of Agreement between otherwise deal with the partiescomplaint the Member may invoke the following procedure in an attempt to remedy the cause for their complaint.
(b2) The dismissalIf the complaint is not resolved in step 1, suspensionthe Member shall reduce a grievance to writing, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up and present their case to the Grievance Hearing Stage Management representative, who is the superior to the supervisor in step 1. Every effort shall be made to resolve the grievance at this stage. If the grievance is not resolved to the satisfaction of the ProcedureMember within five days of presenting the case, the Member may invoke the following procedure in an attempt to remedy the cause of the grievance. The decision at this Step Notwithstanding the above options, the Member shall be final for such grievanceshave no right of procedure unless the Member has first attempted to resolve the differences by these procedures.
(a3) If an employee or The Member shall communicate his grievance, in writing, to the Union fail official representatives of the Senior Officers' Association, setting down all matters pertinent to initiate or process a the dispute.
(4) The Senior Officers' Association shall investigate the grievance within and if, in the prescribe time limits without a reasonable explanationjudgement of the Association, the grievance will be deemed is justified, present such grievance, in writing, to be abandonedthe Chief of Police or his designee for consideration.
(b5) If Management fails to reply to a grievance within the prescribed time limits, the employee The Chief of Police shall hear or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of receive the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 37:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 37:02 A grievance is defined as a complaint in writing filed by an employee, a group of employees, or either party to this Agreement concerning:
(a) The application, interpretation interpretation, or alleged violation of an Article of this Agreement, Agreement or a signed Letter Memorandum of Understanding, Understanding or a signed Memorandum of Agreement between the parties., or
(b) The dismissal, suspension, demotion demotion, written reprimand, or written or verbal reprimand discipline of an employee. The above categories of grievances can be processed up to and including Step 2 of the Grievance Procedure.
15:04 37:03 Notwithstanding 15:03Section 37:02, an employee may complain or grieve on any an unsatisfactory working condition up to and including Step 1 of the Grievance Hearing Stage of the Procedure. The decision at this Step 1 shall be final for such grievances.
(a) Where either party to this Agreement disputes the general application interpretation or alleged violation of an Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. A policy grievance initiated by the Union shall be presented to the Chief Executive Officer, a policy grievance initiated by the Employer shall be presented to the President of the Manitoba Government and General Employees’ Union or his designate. In all cases, such grievances shall be presented within twenty (20) working days from the action giving rise to the grievance.
(b) When the parties fail to resolve a grievance under 37:04 (a) either party may refer the grievance to Step 2 of the Grievance Procedure. It is agreed and understood that grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(c) Notwithstanding 37:06, a grievance filed under 37:04 (a) shall not require the signature of an employee.
37:05 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights or recourse to the Grievance Procedure for that particular grievance shall be at an end. If Management the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 37:06 Wherever possible, the grievance shall be presented on the Union Official Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the its substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Official Grievance Form Forms or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal 37:07 It is mutually agreed that an effort shall be initiated made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a Union Representative present at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once such a grievance has been filed it then becomes the property of the union.
15:09 discussion. When a grievance cannot be presented in personperson at any step, it may be transmitted by registered mailRegistered Mail.
37:08 An employee has the right to representation by a Union Representative at any phase of resolving a grievance or concern. STEP 1
(a) Within twenty (20) working days after the date upon which he was notified orally or in writing, courieror on which he first became aware of the action or circumstances giving rise to the grievance, and/or emailthe employee shall present the grievance with the redress requested to the Chief Executive Officer.
(b) The Chief Executive Officer shall sign for receipt of the grievance. As per 15:01, an He shall issue a decision in writing to the employee will deal and the Union within twenty (20) working days.
(c) The Chief Executive Officer may discuss the grievance with the employee and his representative before giving a complaint in decision on the following manner:grievance.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated(a) 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. Grievances shall be presented in writing and shall clearly set forth the grievance and the contentions of the aggrieved party, following which the Union representative or representatives and the Employer representative or representatives shall meet and in good faith shall earnestly endeavour to review settle the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternativesgrievance submitted. The aggrieved employee shall have the right and/or option to have If a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance satisfactory settlement cannot resolve be reached or if the employee’s complaint through party on whom the process outlined in 15:01 abovegrievance has been served fails to meet the other party within fourteen (14) days of receiving the written grievance, either party may, by written notice served upon the parties to the agreement recognized the desirability for a prompt resolution other, require submission of the grievance through an orderly process as outlined below to a Board of Arbitration, such Board to be established in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint the manner provided in writing concerning:
(a) The application, interpretation or alleged violation of an Article Section 18 of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion Grievances involving the dismissal or written or verbal reprimand layoff of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up must be submitted to the Grievance Hearing Stage Employer within ten (10) working days from the date of dismissal or layoff or be waived by the Procedure. The decision at this Step shall be final for such grievances.
aggrieved party, provided notice has been given as required under Section 13 (a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next stepe).
(c) Either party Any employee alleging wrongful dismissal may request an extension place his or her allegation before the Union representative and, if the Union representative considers that the objection of the time limits employee has merit, the dismissal shall become a grievance and be subject to the grievance procedure as established by this Agreement.
(d) The Employer agrees to reply in writing where possible as to the affected disposition of all grievances submitted by the Union.
(e) The parties provided such extension is requested prior by mutual agreement may invoke Section 103 of the British Columbia Labour Relations Code to facilitate the settling of grievances. Section 103 of the B.C. Labour Relations Code states as follows: If a difference arises between the parties relating to the expiry dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the time allowed. An extensionCollective Agreement, if requestedXxxxx Ready, or a substitute agreed to by the parties, shall not be unreasonably withheld.at the request of either party
15:06 Wherever possible, (a) investigate the grievance shall be presented on difference;
(b) define the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated issue in the grievance. The grievance shall be signed by difference; and
(c) make written recommendations to resolve the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limitsdifference, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight thirty (2830) calendar days of the date that the employee became aware of receipt of the action.
15:08 Once a grievance has been filed it then becomes the property request; and for those thirty (30) days from that date, time does not run in respect of the uniongrievance procedure. the Minister of Finance and Corporate Relations, on the minister's requisition, shall pay out of the consolidated revenue fund 1/3 of the cost incurred by the parties for payment of reasonable remuneration, travelling and out of pocket expenses of the person named or his or her substitute.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:"
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, 9.01 It is agreed that it is the parties shall meet to review the facts spirit and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution intent of the grievance through an orderly process as outlined below in this ArticleAgreement to adjust employee or employer grievances promptly. Should a dispute arise between the Board and any employee or the Union regarding the interpretation, without stoppage of work meaning, operations or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article application of this Agreement, or including any questions as to whether a signed Letter of Understandingmatter is arbitrable, or a signed Memorandum of where an allegation is made that this Agreement has been violated, or should any other dispute arise, an xxxxxxx effort shall be made to settle the dispute in the manner outlined in this Article. Disputes shall be dealt with so far as possible by discussion between the parties.
(b) The dismissalindividuals directly affected. If a satisfactory solution of a dispute cannot be reached at this level, suspension, demotion or written or verbal reprimand the dispute shall become a grievance and such grievance shall be processed in order to reach a fair and amicable settlement in accordance with the terms of this Article. Disputes of a general nature between the Board and the Union may be initiated by the appropriate representatives at Step 1. Where a dispute involving a question of an employee’s medical assessment or dismissal occurs, the Board and the Union may agree to by-pass Steps 1 and 2 of the grievance procedure.
15:04 Notwithstanding 15:03Step 1 - The employee concerned, an employee may grieve on any unsatisfactory working condition up assisted by their Xxxxxxx and/or Business Agent, shall submit the grievance in writing to the Grievance Hearing Stage Supervisor of Maintenance, with a copy to the Superintendent of Human Resources, within five (5) working days after the date of meeting informally with the Supervisor of Maintenance. The Supervisor of Maintenance or designate shall deliver a decision in writing to the employee concerned, with a copy to the Xxxxxxx of the Procedure. The decision at this Step shall be final for such grievancesappropriate union, within five (5) working days after the date the employee’s written grievance was received.
(a) Step 2 - If an the written decision of the Supervisor of Maintenance or designate is not satisfactory to the employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limitsconcerned, the employee concerned may appeal the written decision of the Supervisor of Maintenance or Union shall process the grievance designate to the next step.
Manager of Facility Services or a designate by lodging an appeal in writing within five (c5) Either party may request an extension working days after the date on which the employee concerned received the written decision of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry Supervisor of the time allowed. An extension, if requested, shall not be unreasonably withheldMaintenance.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 31:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 31:02 A grievance is defined as a complaint in writing filed by an employee, a group of employees or either party to this Agreement concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, Agreement or a signed Letter Memorandum of Understanding, Understanding or a signed Memorandum of Agreement between the parties.; or
(b) The dismissal, suspension, demotion demotion, written reprimand or written or verbal reprimand discipline of an employee. The above categories of grievances can be processed up to and including Step 4 of the grievance procedure.
15:04 31:03 Notwithstanding 15:03Article 31:02, an employee may complain or grieve on any an unsatisfactory working condition up to the Grievance Hearing Stage and including Step 2 of the Proceduregrievance procedure. The decision at this Step 2 shall be final for such grievances.
(a) Where either party to this Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties, either party may initiate a policy grievance. A policy grievance initiated by the Union shall be presented to the Executive Director, a policy grievance initiated by the Employer shall be presented to the President of the Manitoba Government and General Employees’ Union or designate. In all cases, such grievances shall be presented within twenty-eight (28) calendar days from the action giving rise to the grievance.
(b) When the parties fail to resolve a grievance under Article 31:04(a) either party may refer the grievance to Step 3 of the grievance procedure. It is agreed and understood the grievances which have been submitted and dealt with as individual grievances may not subsequently be submitted as a policy grievance.
(c) Notwithstanding Article 31:06, a grievance filed under Article 31:04(a) shall not require the signature of an employee.
31:05 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) abandoned and all rights or recourse to the grievance procedure for that particular grievance shall be at an end. If Management the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the 31:06 The grievance shall be presented on the Union Grievance Formofficial grievance form or like format. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, Agreement such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the its substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal 31:07 It is mutually agreed that an effort shall be initiated made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have a Union representative present at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once such a grievance has been filed it then becomes the property of the union.
15:09 discussion. When a grievance cannot be presented in person, person at any step it may be transmitted by registered facsimile transmission to the Residence Manager or Executive Director at 571-3687 between the hours of 8:00 a.m. to 4:00 p.m. Monday through Friday. The grievance form and cover letter shall then be presented in person or delivered by mail.
31:08 An employee has the right to representation by a Union representative at any phase of resolving a grievance or complaint.
31:09 Step 1
(a) Within twenty-eight (28) calendar days after the date upon which she was notified orally or in writing, courieror on which she first became aware of the action or circumstances giving rise to the grievance, and/or email. As per 15:01, an the employee will shall present the grievance with the redress requested to the Residence Manager.
(b) The Residence Manager shall sign for receipt of the grievance and if the nature is such that she is authorized to deal with it, she shall issue a complaint decision in writing to the following manner:employee and the Union within twenty-one
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A grievance shall mean a claim by an individual or the Union that there has been a misinterpretation, misapplication, or violation of any provision of this Agreement. In order for a grievance to be accepted and considered properly filed, the grievance when reduced to writing and signed, specify the provision(s) of the Agreement that are alleged to have been violated, misinterpreted, or misapplied, and specifically state the relief sought.
15:01 Prior A. The grievant and/or the Union shall be allowed to seek advice and counsel and have present a representative at any hearing or step in the grievance procedure upon request.
B. The grievant and/or the Union may at any step in the grievance procedure withdraw a grievance without prejudice to either party. A withdrawal notice shall be in writing.
C. No claim for back wages shall exceed the amount of wages the employee would have otherwise earned. Claims for back wages should not include unemployment compensation earned by an employee during the applicable back pay period.
A. Within ten (10) working days of the event or occurrence, an attempt shall be made to resolve any grievance by an informal verbal discussion between the grievant and his/her immediate supervisor.
B. The employee may discuss items he/she believes are grievances with a xxxxxxx, and the xxxxxxx may discuss the grievance with the immediate supervisor.
C. All parties involved in the informal discussion understand that this is an important step in the grievance procedure and will attempt to resolve issues at this level.
A. If the matter is not resolved verbally through Step 1, it shall be reduced to writing and submitted in triplicate as a grievance on forms provided by the Union to the immediate supervisor.
B. The elapsed time for submitting a written grievance being filed and/or initiatedshall not exceed three (3) working days from the date of the informal discussion.
C. The immediate supervisor shall be responsible to provide a written response to the grievance is tendered to the grievant and the xxxxxxx within three (3) working days of receipt of the written grievance.
A. Within five (5) working days after receiving the decision from the immediate supervisor, the parties shall meet to review the facts and circumstances giving rise decision may be appealed to the complaint(sSuperintendent of Schools or designee. The written appeal shall be accompanied by a copy of the original grievance and a copy of the decision of the immediate supervisor.
B. The Superintendent/Designee shall, within ten (10) and working days of receipt of the appeal, conduct a hearing allowing all parties a reasonable opportunity to be heard. The Superintendent/Designee shall attempt tender to resolve the matter(s) through discussion Grievant and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have Union a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, Any employee covered by this Agreement who considers they have been improperly dealt with or that the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee Agreement has been violated as it affects them shall have the right and/or option to use the following grievance procedure: An employee who considers they have grounds for a Union Representative present at such discussion(s).
15:02 Where grievance is required, if practicable, to discuss the employeematter with their immediate Supervisor, the manager, the xxxxxxx and/or union representative if in attendance canalone or accompanied by their Shop Xxxxxxx before presenting a written grievance. If these discussions do not resolve the employee’s complaint matter at issue, a written grievance may be presented at Step 1. Once a grievance has been presented in writing at Step 1, any further communication by the Company to the grievor on matters pertaining to the grievance shall be presented through the process outlined in 15:01 above, Shop Xxxxxxx involved or a member of the parties Bargaining Committee.
STEP 1 If the oral decision of the Supervisor is unsatisfactory to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented in writing by the Shop Xxxxxxx, with the employee, to the employee's Supervisor on a form furnished by the Union Grievance Formwith a copy sent to the Director of Human Resources. A The grievance as written description of will be specific as to the nature of the grievance alleged injustice or violation and enumerate the redress requested articles allegedly violated. The Supervisor shall be sufficiently clear and if give their answer in writing to the grievance relates to an Article Shop Xxxxxxx involved or a member of the Agreement, such Article shall be so stated in Bargaining Committee within ten (10) days following receipt of the grievance. The .
STEP 2 If the written decision of the Supervisor is unsatisfactory to the employee, the grievance shall be signed by referred to the employee and may be clarified at any step providing Manager, who shall give their answer in writing to the substance is not changed. Except for failure to meet the time limits, Shop Xxxxxxx involved or a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage member of the Procedure Bargaining Committee within twenty- eight ten (2810) calendar days after receipt of the date that the employee became aware of the actiona grievance.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. 22:01 The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized this Agreement recognize the desirability for a prompt resolution of the grievance grievances through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 22:02 The Union recognizes that each xxxxxxx is employed full time by the Employer and that (s)he will not leave his/her work during working hours except to perform his/her duties under this Agreement. Therefore no xxxxxxx shall leave his/her work without obtaining the permission of his/her supervisor.
22:03 An employee, a xxxxxxx and/or a staff representative of the Union shall be allowed to attend meetings scheduled by the Employer during working hours for the purpose of settlement of a grievance without loss of remuneration.
22:04 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have his/her xxxxxxx present at such a discussion. When a grievance cannot be presented in person at any step, it may be transmitted by registered mail.
22:05 A grievance is defined as a complaint in writing concerning:
(a) The Where either party to the Agreement disputes the general application, interpretation or alleged violation of an Article of this Agreement, either party may initiate a policy grievance. Such grievances initiated by the Union shall be made to the Executive Director or a signed Letter Designate, and such grievances initiated by the Employer shall be made to the President of Understandingthe Union, or a signed Memorandum his/her designate and in either case shall be within ten (10) working dates from the date upon which the initiating party was notified orally or in writing, or on which it became aware, or ought to have become aware of Agreement between the partiesaction or circumstances giving rise to the grievance.
(b) The dismissalWhere the parties fail to resolve a grievance under :05 (a), suspension, demotion or written or verbal reprimand either party may refer the grievance to the arbitration step of an employeethe Grievance Procedure.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) 22:06 If an employee or the Union fail fails to initiate or process a grievance within the prescribe prescribed time limits without a reasonable explanationlimits, the grievance will be deemed to be abandoned.
(b) abandoned and all rights of recourse to the Grievance Procedure for that particular grievance shall be at an end. If Management the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union shall may process the grievance to the next step.
(c) . Either party may request an extension of the time limits in writing where possible to the affected parties provided providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever 22:07 Whenever possible, the grievance shall be presented on the Union Grievance Forman official grievance form. A The written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The An employee grievance shall must be signed by the employee and may be clarified at any step providing the substance is not changedemployee. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form official grievance form or for failure to quote the Article in dispute. The grievance may be clarified at any step providing its substance is not changed.
15:07 22:08 An employee has the right to representation by a Union xxxxxxx and/or Union representative at any step of the Grievance Procedure.
(a) Step 1
(b) Step 2
1. The Executive Director or Designate shall issue a decision in writing to the employee and to the Union within ten (10) working days of receipt of the grievance. The Executive Director or Designate may hold a hearing to discuss the grievance with the grievor and/or the grievor’s representatives, which shall not exceed two (2), before giving a decision on the grievance.
(c) Step 3
22:09 In the case of a dispute arising from the disciplinary demotion, suspension or dismissal of an employee, the grievance shall initially be presented at Step 2,
22:10 Grievances concerning demotion, suspension, or dismissal layoffs and recalls shall be initiated at Step 2 of the Grievance Hearing Stage of the Procedure within twenty- eight ten (2810) calendar working days of the date that lay off or recall giving rise to the employee became aware grievance.
22:11 Any of the action.
15:08 Once a grievance has been filed it then becomes the property time limits referred to above may be extended by mutual agreement of the unionparties hereto.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE.
15:01 Prior In the event that a complaint is reduced to writing, it shall be submitted on a written grievance being filed and/or initiatedform mutually agreed upon and shall contain but not be limited to, the parties shall meet to review following information: date, time, grievance number, grievant's name and signature, xxxxxxx'x signature, alleged violation of this Agreement, settlement desired, and a space allowed for the facts and circumstances giving rise to signature of the complaint(s) and shall attempt to resolve Employer representative answering each step. Either the matter(s) through discussion and Union or the pursuit of reasonable alternatives. The aggrieved employee Employer shall have the right and/or option to have bring into a grievance preceding any witnesses or representatives deemed desirable for the purpose of adjusting as promptly as possible the matter at hand. When the Union Representative present at such discussion(s).
15:02 Where is the employeegrievant, the manager, Chief Xxxxxxx shall sign as the xxxxxxx and/or union representative if in attendance cannot resolve aggrieved. The time limit for filing all grievances shall be five (5) days from the employee’s complaint date of the occurrence of the alleged grievance or from the date the aggrieved knows of the cause for complaint. The time limits specified herein for movement of grievances through the process outlined in 15:01 above, shall be strictly adhered to. In the parties to the agreement recognized the desirability for event that a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance is defined as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance not appealed within the prescribe particular specified time limits without a reasonable explanationlimit, the grievance will it shall be deemed to be abandoned.
(b) settled on the basis of the Employer's last answer. In the event the Employer should fail to supply the Union with its answer to the particular step within the specified time limits in Steps 1 and 2, the grievance shall be deemed automatically positioned for appeal at the next step with the time limit for exercising said appeal commencing with the expiration of the grace period for answering. If Management the Employer fails to reply to a grievance supply its answer in Step 3 within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on settled according to the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotionrelief requested. All specified time limits herein shall consist only of Court work days Monday through Friday, suspension, or dismissal shall but excluding holidays. Time limits may be initiated at the Grievance Hearing Stage extended only by mutual agreement of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the actionparties.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the xxxxxxx and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A. A grievance is defined a claim by a bargaining unit member, a group of members of the bargaining unit or the Chapter that there has been a violation, misinterpretation or improper application of the terms and conditions of employment established in this Agreement.
B. In the event a bargaining unit member, a group of bargaining unit members, or the Chapter believes there is a basis for a grievance, the party or parties involved shall first discuss the grievance informally with the Academic Xxxx or their designee.
C. If, as a complaint in writing concerning:
(a) The application, interpretation or alleged violation of an Article of this Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to the Grievance Hearing Stage result of the Procedureinformal discussion, the grievance is unresolved, the Chapter may invoke the formal grievance procedure on the form provided by the Chapter and signed by the Chapter and the grievant(s). Step One: The decision at this Step shall be final for such grievances.
(a) If an employee grievant or the Union fail to initiate or process Chapter shall file a grievance within the prescribe time limits without a reasonable explanation, 30 calendar days after the grievance will was found to exist or should have been found to exist. The grievance shall be deemed filed, in writing, with the Academic Xxxx and shall state the reasons for the grievance along with the remedy sought. The grievant and the Chapter shall sign said grievance. The Academic Xxxx shall respond to be abandoned.
(b) If Management fails to reply to a the grievance within the prescribed time limits, the employee or Union shall process 15 calendar days. No response automatically moves the grievance to the next step. Step Two: If the Chapter is not satisfied with the disposition of the grievance at Step One, or if no disposition has been made within the time limits, the grievance may be filed with the Vice President for Academic Affairs with a copy to the Director of Human Resources. The Vice President for Academic Affairs shall respond to the grievance within 30 calendar days. No response automatically moves the grievance to the next step. Step Three: If the Chapter is not satisfied with the disposition of the grievance by the Vice President for Academic Affairs or if no disposition has been made within the time limits, the Chapter may appeal the decision to arbitration if and only if the grievance alleges that there has been a violation, misinterpretation or improper application of the written terms of this Agreement. Reemployment rights and course assignments are not grievable or arbitrable.
(c) Either party D. The only issues involving discipline which may request be submitted to arbitration are those in which a bargaining unit member has been suspended or terminated during a semester in which the bargaining unit member has been actively employed. In any grievance arbitration proceeding regarding termination or suspension, the arbitrator shall be limited to an extension award of the time limits salary the bargaining unit member would have received in the semester but for the termination or suspension. The arbitrator shall have no authority to award reinstatement or any other relief.
X. Xxxx appeal shall be in writing where possible and shall be mailed by the Chapter to the affected parties provided such extension is requested prior to Public Employment Relations Commission and the expiry of the time allowedVice President for Academic Affairs within 15 days. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possibleIf not, the grievance shall be presented on deemed abandoned and terminated.
F. The parties shall obtain a list of arbitrators from the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear Public Employment Relations Commission, and if the grievance relates to parties cannot agree on an Article arbitrator from said list within 10 days, the parties shall be bound by the rules of the AgreementPublic Employment Relations Commission in the selection of an arbitrator. The arbitrator so selected shall confer with the representatives of the College and the Chapter and hold hearings promptly and shall issue a decision no later than 30 days from the date of the close of the hearings. The Arbitrator shall have no power to alter, such Article modify, add to or subtract from the provisions of this agreement. His authority shall be so stated in limited to deciding disposition of a violation of the grievanceexpress written terms of the contract. The grievance arbitrator’s decision shall be signed borne equally by the employee College and the Chapter.
G. The number of days indicated at each level shall be considered as maximum and every effort shall be made to expedite the process. However, time limits may be clarified extended by mutual consent.
X. The College agrees to furnish any documents that may be reasonably or lawfully required to process grievances in accordance with this Article.
I. No reprisals of any kind shall be taken against any unit member for participating in any grievance.
J. A grievance may be withdrawn at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in disputelevel.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Appears in 1 contract
Samples: Collective Bargaining Agreement
