Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

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GRIEVANCE PROCEDURE. 7.01 All grievances arising between 1. If an employee has complied with the parties provisions of the complaint procedure and is dissatisfied with the reply of the Supervisor, the complaint shall be dealt with as speedily written out on a form supplied by the Company and effectively as possible in accordance with shall be deemed to be a grievance. The written grievance shall state the following procedurenature of the grievance, the act or acts complained of and when they occurred, the specific section or sections of this agreement that the employee claims the Company has violated and the remedy that he seeks. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the The written grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record ’s Foreperson within three (3) working days of the action takenSupervisor’s verbal reply to the complaint. In imposing discipline on After such discussions as is necessary, a current charge, Management will written answer shall be given three (3) days following receipt of such grievance. At this meeting the employee shall be accompanied by his Plant Committee person. (b) If the grievance is not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification settled to the satisfaction of the employee's employment application after a period , then the grievance shall be presented to Human Resources within three (3) working days of twelvethe Forepersons written reply. After such discussion as is necessary, Human Resources shall give his answer in writing within three (3) working days following receipt of such grievance. At this meeting the employee shall be accompanied by the Chairperson of the Plant committee and the employee Plant committee person, if other than the Chairperson of the Plant Committee, and the National Representative of the Union may be present. Human Resources may be accompanied by such advisers as he determines. The Union will determine if the griever attends the grievance meeting. (c) Grievance filings and responses not adhering to the time limits set out in this Article will be considered null and void. However, any time limits referred to may be extended by mutual agreement of the parties provided such extension is agreed to prior to the expiration of the specified time limit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties There shall be dealt with established a Canadian Joint Conference Board (see Article XVI) that shall have oversight of the following Grievance Procedure. All disputes and controversies as speedily to the meaning, interpretation, application or alleged violation of any provision of this Agreement shall be treated as a grievance and effectively be disposed of as possible set forth herein, provided, however that in accordance no event shall a local agreement, settlement, understanding or adjustment at the local level be deemed to change, alter, modify or amend the terms or intent of this Agreement. Any provision in a local Agreement contrary to, or in conflict with the following procedureterms of this Agreement shall not be enforced as to any Employers and employees subject to this Agreement. Any arbitration award or settlement under the terms of the local Agreement, or any other settlement, understanding or adjustment contrary to or in conflict with the terms and intent of this article is subject to the foregoing. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the Step 1. A grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed filed, in writing, by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed either party within ten (10) working days, in writing days of the circumstances giving rise to the Personnel Director grievance, a copy of which must be sent to the CPFA office, and an effort shall be made by the representatives of the Union and the Employer to resolve it within a period of ten (10) working days from the filing of the grievance. Step 2. Failing Settlement in Step 1: An International Representative of the United Association and an Employer Representative shall meet within a period of ten (10) working days thereafter for the purpose of attempting to settle the grievance. Failing settlement in Step 2, the grievance may be advanced to Step 3. Step 3. The grievance may be presented as a request for arbitration by filing it together with a statement of the grievance, or matter to be arbitrated, the dates upon which it occurred, full particulars of the claim, the parties involved and the remedy requested with the Canadian Joint Conference Board. A copy of such written request shall be served by the Chairman of the Board upon the United Association and the Employer or Employers involved and upon the Canadian Pipe Fabricators Association. Thereafter, (a) If, within ten (10) working days after the date upon which the notice has been served, neither of the Union or the designated representativeEmployer(s) involved in the grievance serve a written notice upon the Chairman that the grievance be submitted directly to an impartial arbitrator in lieu of a hearing before the Canadian Joint Conference Board as set forth in Step 4, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative or (b) If, within ten (10) working days of the date of filing the Chairman was served notice as aforesaid, either of the United Association or the Employer(s) involved in the grievance serves a written appealnotice upon the Chairman that it desires the grievance to be submitted directly to an impartial arbitrator in lieu of a hearing before the Canadian Joint Conference Board, the Chairman shall notify the party and the grievance shall then proceed to Step 5, below. Step 4. A written decision The Chairman of the Canadian Joint Conference Board shall set the matter for an arbitration hearing in Toronto, or such other place as the Board may determine, on a date not later than fourteen (14) days, unless a later date is mutually agreed upon, after the expiration of the time period of Step 3. Notice of time and date of such hearing shall be given to the Union and to the Employer or Employers involved to appear and to be heard. The Canadian Joint Conference Board shall render a decision within thirty (30) working days after the close of the arbitration hearing. Any decision rendered by the Canadian Joint Conference Board shall be final and binding on all parties. If the Canadian Joint Conference Board is unable to reach and does not render a decision within thirty (30) working days after the close of the hearing, or if the Board notifies the parties that it is deadlocked, within a period of thirty (30) days thereafter, the parties shall proceed to Step 6, if necessary. Step 5. The parties shall attempt to agree upon an impartial arbitrator, who thoroughly understands the commercial manufacturing and pipe fabrication industry. In the event the parties cannot agree upon an impartial arbitrator, then within a period of ten (10) working days thereafter, either party may request the appropriate Provincial Ministry of Labour or Arbitration Commission, as the case may be, to submit a list of three (3) arbitrators, who understand the commercial manufacturing and pipe fabrication industry, for the position of impartial arbitrator. Within five (5) working days after hearing the appealreceipt of a list of candidates from the Ministry of Labour or the Commission as the case may be, the parties shall meet for the purpose of striking names off the list. The party who shall go first shall be decided by winning the toss of a coin. The remaining name after each party has struck one name shall be the impartial (arbitrator) of the Canadian Joint Conference Board. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. Step 6. Within five (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (35) working days after the selection of the action taken. In imposing discipline on impartial arbitrator, the parties shall meet and endeavor to prepare a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification statement of the employee's employment application after issues to be decided. If no agreement on such a period statement is reached, each party may prepare its own submission to the impartial arbitrator. The decision of twelvethe impartial arbitrator shall be final and binding on all parties. The expense of the Canadian Joint Conference Board and of the impartial arbitrator, if required, shall be borne equally by the parties to the grievance.

Appears in 2 contracts

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

GRIEVANCE PROCEDURE. 7.01 All grievances 8.01 Differences or disputes arising from the interpretation or application of the collective agreement between the parties Employer and the employee shall be considered as grievances and shall be dealt with as speedily and effectively as possible in accordance with the following procedure.manner, and all grievances shall be submitted and answered in writing, and shall state the Article(s) and clause(s) in dispute, the nature of the grievance and the remedy sought: (a) Any Step 1: An employee having a grievancegrievance shall present it to his Xxxxxxx in writing, or one designated member of a group having a grievance, and they shall first jointly take the grievance matter up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this of the event giving rise to the grievance to the Departmental Head or designate within the Home, who shall have four (4) working days in which to render a decision. One member of the Union Committee employed at the same Home as the grievor may also assist in presentation of the grievance. Failing a satisfactory settlement, unless an extension the second Step of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned procedure shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative invoked within ten four (104) working days of the date of filing Departmental Head or designate’s answer, as follows: Step 2: The grievor, Xxxxxxx, and Union Committee member shall take the grievance up with the Administrator of the written appeal. A written decision Home or designate, who shall be rendered within five have four (54) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativeto render a decision. If a settlement is not reached, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing submitted within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (34) working days of the action takenAdministrator's answer to Step 3 of this procedure. Step 3: The grievance shall be submitted to the Director of Long Term Care and Services for Seniors or designate who shall render a decision within four (4) working days. In imposing discipline on The grievor may be represented at this Step by the Union Committee. A representative from the Human Resources Department shall participate in the proceedings at this Step. Failing a current chargesatisfactory settlement, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification the Fourth Step of the employee's employment application after grievance procedure shall be invoked within four (4) working days of the answer of the Director of Long Term Care and Services for Seniors. The grievance shall be submitted to the Chief Administrative Officer or his designate, which will meet with the Union Committee within fourteen (14) days of the date of request for such meeting. The decision of the Chief Administrative Officer or his designate shall be given within seven (7) working days from the date of such meeting. Where the union specifically requests, the matter will be heard by the Chief Administrative Officer. If the parties at this Step are unable to reach a period of twelvesatisfactory settlement, then the matter shall be taken to arbitration within fifteen (15) working days, as defined in the Ontario Labour Relations Act.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All A. The representation for the effective handling of grievances arising between the parties under this Agreement shall be dealt with as speedily and effectively as possible in accordance with the following procedure.be: (a1) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who The Union will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by a properly designated xxxxxxx at each location who will be empowered to settle all local grievances. 2) The Company will be represented by an authorized representative at each location who will be empowered to settle all local grievances not involving changes in Company policy. 3) The Union and the Committeeperson Company will at all times keep the other party advised through written notice of any change in authorized representatives. 4) Accredited representatives of the Union shall be permitted to enter any location on the system where employees under this Agreement are located for the purpose of any necessary discussion investigating grievances and filing for purposes of visitation upon proper advance notification and approval. Upon proper advance notice and approval, shop stewards or an elected officer of the grievanceUnion will be allowed a reasonable amount of time off during work hours to investigate or present grievances and attend Union meetings, provided that work assignments shall have priority. The Plant Engineer shall render a written decision within five (Upon request and approval, the Company will provide stewards space for meetings at all Centers and at Stations where space is available. 5) working All time limits set forth in this Article shall refer to calendar days after this presentation -- recognized holidays being excluded and may be extended by mutual written agreement between the parties. It is expressly understood and agreed that, if any of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted frames set forth in this Article are violated by the Plant EngineerCompany, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned Employee shall be represented by awarded the Grievance Committeedesired settlement without precedent. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, mayFurthermore, if the employee so desirestime frames set forth are violated by the Union, request the presence grievance shall be considered withdrawn. Timeframe disputes will be resolved through the grievance process. 6) If an Employee is unavailable or does not work his full shift on the last day of the Committeeperson to represent time frames under the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion procedures of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or notthis article, the Committeeperson Company will be advised in writing within one (1) working issue the notice/letter to the Employee upon his first full day of twenty-four (24) hours of the fact of written reprimandreturned to work, suspension, or discharge and the reason therefore. (b) The employee will be tendered with a copy of any warning, reprimand, suspension or disciplinary layoff entered on to the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelveUnion

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 6.1 The Union acknowledges the principle of “work now and grieve later” and as such the existence of a grievance or dispute will not disrupt production. 6.2 In the event that any grievance or dispute should arise between the parties CFTPA and the Union, or between the Producer and the Union or between the Producer and any Technician under this Agreement, concerning the interpretation or violation of this Agreement, it shall be dealt with as speedily considered a grievance and effectively as possible shall be settled in accordance with the following procedure. procedures. The grieving party shall have thirty (a30) Any employee having days from the date on which the party becomes aware, or ought to have become aware, of the act or omission giving rise to the dispute to initiate a grievance. In order to be deemed a grievance, or one designated member of a group having a grievance, shall first take the grievance up with dispute must be submitted in writing to the Chief Engineer, who will attempt to adjust itother parties within the allotted thirty (30) day time period. (b) Any employee may request 6.3 The grievance shall be discussed by the Chief Engineer to call Producer, or the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievanceProducer’s duly authorized representative, the Chief Engineer will notify the Committeeperson CFTPA and a representative of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision Union within five (5) working days after this presentation the grievance has been brought to the attention of the grievanceProducer. When any Technician is called upon to attend a meeting endeavoring to settle such dispute or disagreement, unless an extension it is understood that during this period he/she will not suffer the loss of such time is mutually agreed to be necessaryhis/her normal wage. 7.04 If 6.4 In the grievance is event that the representative of the Producer or the CFTPA and the Union cannot adjusted reach an agreement, the dispute may, by written notice of any party to the Plant Engineerother party, such decision may be appealed submitted to final and binding arbitration. Such notice must be made within ten (10) working days, days (or in writing the case of payroll disputes within ninety (90) days of the facts giving rise to the Personnel Director dispute coming to the attention of the aggrieved party, or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between considered resolved. The parties, who shall include the Grievance Committee CFTPA, the Producer and the Personnel Director or the designated representative Union, shall within ten (10) working days of the date of filing sending of the written appealnotice requesting arbitration select a mutually acceptable arbitrator. A If the parties are unable to agree on the selection of an arbitrator within these ten (10) days, the Provincial Minister of Labour shall be requested to appoint the arbitrator. The cost and / or expenses of such arbitration shall be borne equally by the Producer or CFTPA and the Union, except that no party shall be obligated to pay the cost of a stenographic transcript without express consent of the other party. The final written decision or award of the arbitrator shall be rendered made as soon as practicable after submission of the grievance or dispute to him/her. The parties agree that such final decision or award shall be binding on each of the parties to this Agreement, and they will comply within five (5) working days after hearing of the appealarbitration award subject to such decisions, rules or regulations as any Provincial agency having jurisdiction may impose. Each party hereto will bear its own expense in carrying out the provisions of this Article and the aggrieved parties will share equally in the expenses of the third party arbitrator. In no event shall the arbitrator modify or amend any provision of this Agreement. In determining any grievance arising out of discharge or other discipline, the arbitrator may dispose of the claim by affirming the Producer’s actions and dismissing the grievance or by setting aside the disciplinary action involved with or without compensation and such other manner as may in the opinion of the arbitrator be justified. 7.05 At 6.5 If either the Union or CFTPA considers that this Agreement is being misunderstood, misinterpreted or violated in any meeting with respect by the Personnel Director or the designated representativeother party, the Grievance Committee may have present any employee affected matter will be put in the Grievance form of a policy grievance and any duly accredited representative or discussed between representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge CFTPA and the reason therefore. Union. If not satisfactorily settled within thirty (b30) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification matter first coming to the attention of the employee's employment application after aggrieved party, either party may refer the matter to arbitration as a period policy grievance in accordance with Article 6.4. A matter not referred to arbitration in this time shall be considered resolved. 6.6 Any time limits prescribed in this article may be extended by mutual agreement of twelvethe parties to the grievance.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising A grievance shall be defined as a disagreement or difference of opinion between the parties Company, the Union, or an employee covered by this Agreement, concerning the interpretation, application, operation or alleged violation of a provision of this Agreement. 7.02 No grievance shall be dealt with filed by or on behalf of an employee, and no grievance shall be processed by the Company, unless the employee or a Union Representative, on behalf of the employee, has first given the employee’s immediate supervisor the opportunity to resolve the subject matter of the grievance. 7.03 The procedure for adjustment of grievances shall be as speedily and effectively as possible in accordance with the following procedure.follows: (a) Any Step One If an employee having or a grievanceUnion Representative on behalf an employee has complied with Article 7.02, or one designated member of and the employee believes he/she has a group having a grievancegrievance as defined in this Article, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerneda Union Representative on behalf of the employee must file the grievance in writing with his/her Co-ordinating Group Manager within five (5) working days from the time the employee became aware of the event giving rise to the grievance. The grievance shall be on the forms supplied and shall set forth the grievor’s name, state the facts giving rise to the grievance, identify the provisions of this Agreement alleged to have been violated, and state the Chief Engineer relief requested. The Co-ordinating Group Manager shall render a decision respond to the grievance in writing within two (2) working days. 7.03 If days from the date that the grievance is not adjusted satisfactorily within seven (7) working days, it shall be was presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforehim/her. (b) The employee will Step Two If the decision of the Co-ordinating Group Manager is not satisfactory to the grievor, or if the Co-ordinating Group Manager does not provide a written response within the time frame set forth in the Step One, then the written grievance requesting further consideration of the matter must be tendered a copy presented to the General Manager within three (3) working days of any warning, reprimand, suspension receipt of the decision of Step One or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action takenexpiry of the time limit set forth for response in Step One. In imposing discipline on A meeting shall be held within five (5) working days. The grievor may decide to be present at this meeting along with the Plant Chairperson, one Union Representative and the President of the local Union (or a current chargedesignate), Management will the General Manager and such other persons as are chosen by the General Manager to attend such meeting. The Company’s decision relating to the grievance shall be rendered in writing to the Plant Chairperson within three (3) working days after conclusion of the meeting. 7.04 Either party may, within ten (10) working days after the decision of Step Two or the expiry of the time limit set forth for response in Step Two, whichever is earlier, refer the matter to arbitration by giving written notice of its intention to refer the grievance to arbitration. If written notice is not take into account any prior infractions which so given within such ten (10) working day period, the decision in Step Two shall be final and binding upon both parties to the Agreement and all affected employees. After notice of intention to refer the grievance to arbitration has been completed, the referring party shall advise the arbitrator referred to in Article 7.06 within ten (10) days. 7.05 The term “working days” as used in this Article is defined as calendar days other than Saturdays, Sundays, and General Holidays as set forth in this Agreement. Where the circumstances giving rise to the grievance occurred more than one (1) year previously nor impose discipline on during an employee employee’s vacation, the time for falsification filing such grievance shall not begin until the conclusion of the employee's employment application after ’s scheduled vacation. 7.06 Where a period grievance is properly referred to arbitration in accordance with the terms of twelvethis Article, it shall be referred to an Arbitrator chosen in rotation from the following panel: Xxxxx Xxxxx Xxxx Xxxxx Xxxxxxx Xxxxxx 7.07 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute The Arbitrator shall not be vested with the power to change, modify or alter any of the Terms of this Agreement. In addition to any remedial authority provided for in The Labour Relations Act, in disciplinary matters the arbitrator shall have the right to sustain the Company’s disciplinary action or to substitute such other discipline as it deems just and equitable unless a specific penalty for the misconduct has been established in this Agreement. A copy of the decision on computerized disk format shall be provided to both parties. 7.08 The expenses of the Arbitrator shall be borne equally by the parties to the arbitration proceedings. 7.09 In the case of a grievance alleging improper discharge or suspension of an employee, the grievance shall be lodged in accordance with Step Two of the grievance procedure above. 7.10 The Union or the Company may file a policy grievance concerning the interpretation, application, operation or alleged violation of a provision of this Agreement. Such grievance must directly affect the Union or the Company. Such grievances shall not be filed by the Union in cases where the grievance is a matter that was capable of being processed as an employee grievance pursuant to the provisions of Article 7.03. A policy grievance shall take the form of a Step Two grievance. If the grievance is not resolved at Step Two, then it may be referred to arbitration, provided that the same is done within the time limits previously set forth in this Article. 7.11 Grievance procedure meetings and collective bargaining meetings between the Company and the Union shall be scheduled during the regular day shift hours. The meetings may extend beyond the regular day shift hours or be scheduled outside of the regular day shift hours by mutual consent of the parties. 7.12 The time limits and procedural requirements outlined in Article 7 may only be amended by mutual agreement between the parties in writing.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between 17:01 Any difference concerning the parties shall interpretation, application, administration or alleged violation of the provisions of this collective agreement, including any question as to whether a matter is arbitrable, will be dealt with as speedily and effectively as possible in accordance with the following procedure.manner: (a) Any employee having a STEP 1 An aggrieved member, accompanied and represented by an Association Monitor or Director, may present his/her grievance, in writing, to his/her Unit Commander or one designated member of a group having a grievance, shall first take designate and the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced discussed with a view to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render reaching a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievancesettlement. The Plant Engineer Unit Commander shall render a written decision within five (5) working days after of the discussion. Any settlement of the grievance reached at this presentation Step will be considered applicable to the case in question only and will not establish a precedent for future cases. (b) STEP 2 Failing satisfactory settlement at Step 1, the Association may, within twenty working days, submit the grievance to the Director of Labour Relations for further discussion with a view to reaching a settlement. To facilitate settlement, a meeting shall be held at which the Board may be represented by such persons as the Board deems necessary and at which the Association may be represented by such persons as the Association deems necessary. The Director of Labour Relations or his designate, shall render a written decision within seven working days of the Step 2 meeting. 17:02 Any grievance involving the discharge or suspension of a member shall commence at Step 2. 17:03 Either party to this agreement may lodge a grievance in writing with the other party on any difference between the parties concerning an interpretation, application or administration of the collective agreement, including any question as to whether a matter is arbitrable and such grievance shall commence at Step 2. 17:04 A grievance is to be commenced within 25 working days of the incident which gave rise to the grievance, unless an extension of such time the grievor, Association or Board is mutually agreed to be necessary. 7.04 If unaware that grounds exist for a grievance, in which case, the grievance is not adjusted by the Plant Engineer, such decision may to be appealed commenced within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) 25 working days of the date of filing of time at which the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director grievor, Association or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the Board became aware that grounds for a grievance under consideration and/or any members of Managementexisted. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence Failing satisfactory settlement at Step 2 of the Committeeperson Grievance Procedure either party, within ten working days, may refer the grievance to represent conciliation pursuant to the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion provisions of Sections 123 of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforePolice Services Act. (b) The employee Failing satisfactory settlement at conciliation, either party, within 90 calendar days following the date of the letter from the Solicitor General under s. 123(4) of the Police Services Act, may refer the grievance to arbitration under s. 124 of the Police Services Act. 17:06 For the purposes of this Article, "working days" shall mean Monday to Friday, exclusive of statutory holidays falling on or designated to be taken on any one of the days from Monday to Friday, inclusive. 17:07 An arbitrator may extend the time for the taking of any step in the grievance procedure under a Collective Agreement, notwithstanding the expiration of such time, where the arbitrator is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension. (a) A member shall be notified of any disciplinary action taken against the member by way of documentation (currently TPS 931) and has the right to respond thereto in writing within ten working days. (b) If the issuance of a derogatory TPS 931 is being considered and the member is requested to respond to a unit commander or his/her designate, the member shall have the opportunity to have the Divisional monitor or Association representative present at such a meeting and, where practicable, without cost or loss of service to the Board. Representatives of the Board and the Association shall arrange for such meetings with the minimum disruption of police duties by the utilization of available personnel within the Unit or a full-time Association representative. (c) A copy of the Personnel Documentation Form TPS 931 will be tendered a copy of any warninggiven to the member when the documentation is made and, reprimand, suspension or disciplinary layoff entered in accordance with the provision on the employee's personnel record within three (3) working days of Form, derogatory reports will be purged after two years, unless further derogatory reports are received, in which case the action taken. In imposing discipline on report will stay in file until two full years have passed without further derogatory reports. 17:09 Where an arbitrator appointed pursuant to Article 17 to hear a current chargegrievance involving discharge or suspension, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee lodged at Step 2 in accordance with this Article, determines that a member has been discharged or otherwise suspended by the Board for falsification of cause, the employee's employment application after a period of twelvearbitrator may substitute such other penalty for the discharge or suspension as to the arbitrator seems just and reasonable in all the circumstances.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 8.02 An employee who is to be disciplined, suspended, discharged or where a serious allegation has been raised, has the right to request to have a Union representative present. The Employer shall notify the employee of this right at the time of the booking of the meeting in cases of discipline, suspension or discharge. If the employee is to be disciplined, suspended or discharged, a copy of the letter shall be dealt with forwarded to the Union. The Employer agrees to provide written reasons within seven (7) calendar days to the affected employee and the Union in the case of a discharge or suspension. 8.03 It is the intent of the parties that complaints of employees shall be adjusted as speedily and effectively quickly as possible and it is understood that an employee has no grievance until she or he has first given her or his immediate supervisor the opportunity of adjusting the complaint. Such complaint shall be discussed with her or his immediate supervisor within seven (7) calendar days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice and assistance from others. If there is no settlement within seven (7) calendar days, it may then be taken up as a grievance within seven (7) calendar days in accordance the following manner and sequence: The employee may submit a written grievance, through the Union, signed by the employee, to their Manager or designate. The grievance shall be on a form referred to in Article 8.09 and shall identify the nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to be violated. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The Manager or designate will deliver her or his decision in writing within seven (7) calendar days following the day on which the grievance was presented to her or him. Failing settlement, then: Within seven (7) calendar days following the decision under Step No. 1, the grievance may be submitted, in writing, to the Executive Director or designate. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. If the parties meet, also present may be the grievor, and such counsel and assistance as either party may require. The decision of the Employer shall be delivered, in writing, to the Union within seven (7) calendar days following the date of such meeting or of the submission of the grievance if there is no meeting. 8.04 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Employer shall be filed with the following procedureBargaining Unit President or designate. 8.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance, in writing, signed by each employee who is grieving to the Executive Director or designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred. The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 8.06 The Employer will only discipline or discharge a non-probationary employee for just cause. The Employer may discipline or discharge a probationary employee at its discretion and this action will not be subject to grievance or arbitration. Despite this, the discipline or discharge may be challenged if it was arbitrary, discriminatory or in bad faith or was as a result of the employee exercising a right under this Agreement. (a) Any employee having Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a grievancematter is arbitrable, or one designated member of a group having a grievancesuch grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within fourteen (14) calendar days after the decision under Step No. 2 is given, shall first take the grievance up with shall be deemed to have been abandoned. Where such a written request is postmarked within twelve (12) calendar days after the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineerdecision under Step No. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily2, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for deemed to have been received within the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforetime limits. (b) The employee parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 8.08 It is understood and agreed that the Union has carriage of all grievances throughout the grievance and arbitration procedure and not any individual or group of individuals. All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered final and binding upon the Employer and the Union and the employees. 8.09 Grievances shall be on the employee's personnel record within three (3) working days form set out in Appendix “B” as attached. 8.10 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the action taken. In imposing discipline on a current chargeparties may, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the employee's employment application after a period of twelvedifference or allegation to arbitration.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having The Union shall form from among themselves a grievance, or one designated member Grievance Committee of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust itnot more than two (2) members. (b) Any employee may request Should any difference concerning the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson alleged violation of the employee's request terms and will make arrangements for conditions outlined in this Collective Agreement arise between the Committeeperson to Employer and the Union, such difference shall be present when settled as outlined below. All time periods and procedures outlined in this Article are mandatory and exclude Saturdays, Sundays and Holidays observed by the grievance is next discussedEmployer. (ci) If An employee having a grievance will make known his/her grievance in writing to his/her immediate Supervisor or designate within five (5) working days of the grievance is not adjusted satisfactorily, it shall be reduced incident giving rise to writing and signed by the employee grievance. The Supervisor or group representative concerned, and the Chief Engineer designate shall render a his/her decision in writing within two three (23) working days. 7.03 If (ii) Failing settlement at the above stage, the Union Xxxxxxx shall present the grievance is not adjusted satisfactorily in writing on a proper grievance form, clearly outlining the article(s) and section(s) of the Collective Agreement allegedly violated and the remedy sought and present it to the Manager in charge of the Department or designate within seven five (75) working daysdays of the immediate supervisor's decision in (1), it or failing any such decision, within five (5) working days of the date when the decision ought to have been given, unless a mutual agreement to extend the time limits was made. Otherwise, the matter shall be presented deemed to have been settled or abandoned. The Manager in charge of the Department or designate shall render his/her decision in writing within three (3) working days after the presentation of the grievance by the Union Xxxxxxx. (iii) Failing settlement at the above stage, the Business Representative, and Grievance Committee where appropriate, shall present the grievance in writing to the Plant Engineer next level of Management or designate within five (5) working days of the Power House concerneddecision in (ii) or failing any such decision, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing within five (5) working days of the grievancedate when the decision ought to have been given, unless a mutual agreement to extend the time limits was made. Otherwise, the matter shall be deemed to have been settled or abandoned. The Plant Engineer next level Management member or designate shall render a written his/her decision in writing within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessarygrievance by the Business Representative. 7.04 If (iv) Failing satisfactory settlement at the above stage, either party to this Collective Agreement may submit the grievance is not adjusted by the Plant Engineer, such decision may be appealed to arbitration within ten (10) working daysdays of the decision or failing any such decision, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date when the decision ought to have been given, unless a mutual agreement to extend the time limits was made. Otherwise, the matter shall be deemed to have been settled or abandoned. When either party requests that a grievance be submitted to arbitration, that party will make such request in writing addressed to the other party to this Collective Agreement and at the same time submit at least five (5) names of filing possible arbitrators. Within ten (10) working days thereafter, the other party shall submit at least five (5) names of possible arbitrators. Thereafter, if they are unable to agree upon such arbitrator within a fourteen (14) working day period, the parties may request the Minister of Labour of the written appeal. A written Province of Ontario to appoint such an arbitrator. (c) The decision of the arbitrator shall be rendered final and binding upon both parties concerned and the employee(s) concerned. (d) No person may be appointed as an arbitrator who has been involved in any attempt to negotiate or settle the grievance. (e) The parties will jointly share the expenses of the single arbitrator. Witness fees and allowances shall be paid by the party calling the witness. No arbitration costs shall be awarded to or against either party. (f) The Employer agrees that the Union Xxxxxxx shall be paid for time spent during normal working hours while in meetings with the Employer on matters properly arising out of this Collective Agreement. (g) A Union Xxxxxxx shall be given twenty-four (24) hours notice of a disciplinary meeting, and may attend with the employee at the employee's discretion. (h) It is understood that a policy or Employer grievance may be submitted directly to Step (b) (iii) within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with incident giving rise to the Grievance Committee any employee affected grievance. The other party will respond as outlined in the grievance under consideration and/or any members of ManagementStep (b) (iii). (ai) Any employee who A policy grievance is called for defined as an interview concerning discipline, may, if the employee so desires, request the presence alleged violation of the Committeeperson to represent Collective Agreement affecting a majority of employees or the Employer. (j) If an employee during such interview. It is understood believes that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who he/she has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or notwithout just cause, the Committeeperson will matter may be advised presented as a grievance as prescribed in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. Step (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record (ii) within three five (35) working days of the action taken. In imposing discipline on a current chargewritten notice of such suspension or discharge. (k) A letter of reprimand or suspension will be removed from the record of any employee twelve (12) months following the receipt of such letter or suspension, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of provided that the employee's employment application record has been discipline free for a twelve (12) month period. All verbal warnings will be removed from the employee’s file after three (3) months providing there is no reoccurrence. (l) In the event that discipline is to be issued to a period bargaining unit member, Management agrees the discipline will be served to the member within five (5) working days of twelveManagement becoming aware of the incident unless a mutual agreement to extend the time limits was made.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising A. Any grievance or dispute which may arise between the parties involving the application, meaning or interpretation of this Agreement shall be dealt with as speedily and effectively as possible settled in accordance with the following procedure.manner: (a) B. In presenting a grievance, the following successive steps must be followed until the grievance is settled: Step 1. Any employee Employee having a grievance, or one designated member of a group having a grievance after first having notified the Xxxxxxx/Supervisor of his/her grievance, shall first take may at his/her option discuss the grievance up matter directly with his/her Xxxxxxx/Supervisor or request that his/her Xxxxxxx be called for the Chief Engineer, who will attempt purpose of attempting to adjust itthe grievance. (b) Any employee may request Step 2. In the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when event the grievance is next discussednot settled orally by the Xxxxxxx/Supervisor, the Xxxxxxx shall be notified without undue delay and the grievance shall be put in writing on forms supplied by the Employer and submitted to the Director of the Unit involved or his/her designated representative. The grievance shall be signed by the aggrieved Employee or, in the case of a group grievance, by the Xxxxxxx and by the aggrieved Employee representing the group, and shall set forth the date(s) of the alleged infraction, the nature of the grievance, adjustment sought and facts necessary to support the grievance. A group grievance shall state the specific group which is aggrieved. Each party’s representative shall be responsible for making certain that all relevant facts and contentions, that are available at the time, have been developed and considered by Step 2. The Director or his/her designated representative shall give his/her written disposition on the grievance to the Xxxxxxx within five (5) working days. (c) Step 3. If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (resolved at Step 2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose Union to Department of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision Labor Relations or its designee within five (5) working days after this presentation of the grievancereceipt of the appeal. Representative of the University not to exceed three (3) in number, unless an extension shall meet with the Union's representatives, not to exceed three (3) in number. A written disposition of such time is mutually agreed the hearing shall be submitted to the Union within five (5) working days following the meeting. Additional persons may be necessarypresent by mutual agreement. 7.04 Step 4. If the grievance is has not adjusted been resolved in the foregoing steps and the Union desires to carry it further, the matter may thereupon be referred to a Pre-arbitration Hearing by appealing the Plant Engineer, such decision may be appealed grievance within ten five (105) working days, in writing to days of the Personnel Director or the designated representative, before whom the employee or group representative concerned answer given at Step 3. The Pre- arbitration Hearing shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative held within ten (10) working days after the appeal or as mutually agreed. The Pre-arbitration Committee shall consist of two (2) representatives selected by the Employer and two (2) representatives selected by the Union. The grievant or one designated member of a group may also be present. In the event the Pre-arbitration Committee is unable to arrive at a mutually acceptable solution and the grievance is not resolved, the grievance may be submitted to arbitration under the Voluntary Labor Arbitration Rules, then obtaining, of the date of filing of the written appealAmerican Arbitration Association pursuant to Section C. below. A written decision shall disposition will be rendered given to the Union within five (5) working days after hearing following the appealPre-arbitration Hearing. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion 16.01 The purpose of this grievance, Article is to establish a procedure for the Chief Engineer will notify settlement of grievances. The Board acknowledges the Committeeperson right of the employee's request and will make arrangements for the Committeeperson Association to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee appoint or group representative concerned, and the Chief Engineer shall render a decision in writing within otherwise select an Association Grievance Committee consisting of two (2) working daysEmployee members. The President/designate of the Association shall inform the Board of the names of the individuals on this Committee. The Board shall supply the necessary facilities for grievance meetings. 7.03 If 16.02 The time limits in this Article are mandatory and not simply directory, except as set out in Article 16. 16.03 A working day shall be defined as a day other than Saturday, Sunday, a paid holiday or a day falling during school breaks. 16.04 Within the terms of this Agreement, a grievance is not adjusted satisfactorily shall be defined as a difference as to the interpretation, application, administration or alleged violation of this Agreement. 16.05 A grievance to be acceptable under this Agreement, must be in writing, must specify the Article or Articles allegedly violated, must indicate the relief sought and must be signed by the grievor in the case of an individual grievance and the Chair of the Grievance Committee in the case of an Association grievance. 16.06 Complaints and grievances shall be settled in the following manner and sequences: a) The Employee having a complaint arising out of this Agreement shall first approach his/her Principal/Superintendent. b) The complaint must be received within seven fifteen (715) working days, it shall days after the Employee becomes aware or would reasonably be presented expected to become aware of the circumstances giving rise to the Plant Engineer of complaint. c) The Principal/Superintendent shall meet with the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of Employee within fifteen (15) working days to discuss the grievance. The Plant Engineer Employee is entitled to be accompanied by a representative of the Association Grievance committee. A representative from the Employee Relations Department may also attend the meeting. d) The Supervisor shall render a written decision reply, verbally, within five (5) working days after this presentation receipt of the grievancecomplaint. Failing satisfaction with the verbal reply of the Supervisor, unless an extension of such time is mutually agreed the complaint may then become a grievance and may be processed to be necessaryStep Two. 7.04 If a) Failing satisfaction with the grievance is not adjusted by the Plant Engineerreply in Step One, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative then within ten (10) working days of the date of filing receipt of the written appealreply, the grievance may be submitted in writing, by the Association Grievance Committee to the Superintendent of Employee Relations. b) The Superintendent of Employee Relations or designate shall meet with the Association Grievance Committee within fifteen (15) working days to discuss the grievance. A written decision The Association is entitled to have their outside consultant in attendance at this meeting. c) The Superintendent of Employee Relations or designate shall be rendered reply in writing within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Uniongrievance meeting. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 14.01 Any dispute between the parties Co-operative, the Union or the employees covered by this Agreement which concerns the interpretation, application or alleged violation of this Agreement may be presented as a grievance. 14.02 Any employee, the Union, or the Co-operative may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, or within fifteen (15) working days of the last day worked when relating to a discharge grievance, shall be dealt with forfeited and waived by the aggrieved party. 14.03 The procedure for adjustment of grievances and disputes shall be as speedily and effectively as possible in accordance with the following procedure.follows: (a) Any A discussion between the Shop Xxxxxxx and/or Union Representative (with the aggrieved employee having a grievancepresent or absent at their option) and the immediate supervisor, or one designated member in the absence of a group having a grievancethe immediate supervisor, shall first take the grievance up with the Chief Engineer, who will attempt to adjust itHuman Resource Manager or their designate. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion Failing agreement of this grievancesub-article (a), the Chief Engineer will notify grievance shall be submitted in writing within fifteen (15) working days and shall clearly set forth the Committeeperson issues and contentions of the employee's request aggrieved party, and will make arrangements for the Committeeperson to be present when the grievance is next discussedshall be dealt with by the Shop Xxxxxxx and/or Union Representative and the Human Resource Manager or their designate in the event of their absence. The Human Resource Manager or their designate shall render a written decision on any grievance initiated by an employee or the Union, within fifteen (15) working days. A full-time Union Representative shall render a written decision on any grievance initiated by the Co-operative, within fifteen (15) working days. (c) If the grievance is Failing agreement of subsection (b), then upon request of either party, but not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within later than ten (10) working dayscalendar days thereafter, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativereferred to an Arbitrator, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Managementselected as per Article 15. (ad) Any employee who is called If the Union refers the matter to an Arbitrator as per Article 14.03 (c) above, a copy of the letter shall also be sent to the FCL Home Office Labour Relations Department in Saskatoon. 14.04 The Co-operative and the Union agree that at any time prior to the hearing date for an interview concerning discipline, may, if arbitration they may voluntarily agree to use a mutually acceptable mediator in their attempts to resolve the employee so desires, request the presence of the Committeeperson to represent the employee during such interviewgrievance. It is expressly understood and agreed between the parties that any such mediator has no authority or powers under the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion terms of the matterCollective Agreement to impose or require the parties to accept their suggested settlement to the matter in dispute. Any employee who has been suspended or discharged All expenses and fees that may be incurred by such mediator shall be advised in writing of borne equally by the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twentyCo-four (24) hours of the fact of written reprimand, suspension, or discharge operative and the reason thereforeUnion. Unless otherwise mutually agreed to between the Co-operative and the Union, this procedure may only be used in situations where grievance mediation services are not available through provincial legislation. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between 12.01 In the parties event that either the Employer, Trade Division, or the Union wish to process a grievance covering the interpretation, application, operation, or an alleged violation of this Agreement, such grievance shall be dealt with as speedily reduced to writing and effectively as possible in accordance with shall be submitted by the following procedureone party to the other within twenty (20) days of the event giving rise to the grievance and proceed to step (d) below. (a) Any An aggrieved party shall within fifteen (15) days of the alleged violation submit his complaint in writing to the Xxxxxxx (or where no Xxxxxxx is present, the Business Representative of the Union) who shall endeavor to settle the complaint between the employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust itand his immediate supervisor. (b) Any employee If the complaint is not settled within two (2) days, (excluding Saturdays, Sundays, and holidays) it may request be referred to the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson Project Superintendent and an official representative of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussedUnion. (c) If the grievance complaint is not adjusted satisfactorilythen settled within three (3) days (excluding Saturdays, Sundays and holidays) it shall be reduced referred to writing the Management of the Employer involved and signed by the employee or group representative concernedBusiness Agent of the Union. Pre-Arbitration Process (i) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. (ii) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and the Chief Engineer shall render a decision in writing within two (2Statutory Holidays) working daysof such notice being served. 7.03 If (iii) Such Joint Grievance Panel will consist of two appointees of the grievance is not adjusted satisfactorily within seven (7) working days, it Employer and two appointees of the Union. No person shall be presented to appointed who has a direct personal interest in the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation subject matter of the grievance, unless an extension and/or has had a (iv) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of such time is mutually agreed to be necessarybeing appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the date the hearing was held. 7.04 (v) Each of the parties shall advise the other, within five days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the recommendation. (vi) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (vii) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may then refer the matter to Arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of receipt of the JGP recommendations. (viii) No lawyers shall be permitted to participate in the JGP proceedings. (d) If the grievance complaint is not adjusted by the Plant Engineer, such decision may be appealed settled within ten (10) working daysdays (excluding Saturdays, in writing Sundays and holidays) it shall be referred to an Arbitration Board; by mutual consent of the parties this time limit may be extended. The Arbitration Board shall be comprised of one (1) member appointed by each of the parties and a neutral chairman appointed by the members. Each party shall bear the expense of their appointee and the expense of the chairman shall be shared equally by the parties. (e) If either party fails to appoint a member to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative Arbitration Board within ten (10) working days, or if the appointed members cannot agree on (f) The Arbitration Board shall be vested with the authority to decide whether any matter referred to it is arbitrable. It shall make its decision within fourteen (14) days of the date of filing appointment of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of ManagementChairman. (ag) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence By mutual consent of the Committeeperson to represent parties the employee during such interview. It is understood that the interview will foregoing time limits may be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforeextended. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All The following procedures shall apply to the administration of all 42 grievances arising between filed under this Grievance Procedure. 43 44 a) Except at Step 1, all grievances shall include the parties name and position of the 45 aggrieved party; the identity of the provisions of this Agreement involved in the 1 grievance; the time and place where the alleged events or conditions constituting 2 the grievance took place; the identity of the party responsible for causing the 3 grievance, if known to the aggrieved party; and a general statement of the nature 4 of the grievance and the redress sought by the aggrieved party. 5 6 b) Except at Step 1, all decisions shall be dealt with as speedily and effectively as possible rendered in accordance with the following procedure. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson writing at each step of the employee's request 7 Grievance Procedure. Each decision shall be transmitted to the aggrieved party 8 and will make arrangements for the Committeeperson to be present when the grievance is next discussed.his representative, if any. 9 (10 c) If a grievance affects a group of employees working in different work locations, 11 with different principals, or associated with an employer-wide controversy, it may 12 be submitted at Step 3. 13 14 d) The preparation and processing of grievances may be conducted during working 15 hours with the advance approval of the OIC, whose approval shall not be 16 unreasonably withheld. 17 18 e) Nothing contained herein shall be construed as limiting the right of any employee 19 having a grievance to discuss the matter informally with any appropriate member 20 of the administration and having said matter informally adjusted without the 21 intervention of the Union, provided that the adjustment is not inconsistent with 22 the terms of this Agreement. In the event that any grievance is not adjusted satisfactorilywithout 23 formal determination, it pursuant to this procedure, while such adjustment shall be reduced to writing 24 binding upon the aggrieved party and signed by shall, in all respects, be final, said 25 adjustment shall not create a precedent or ruling upon the employee or group representative concerned, and the Chief Engineer shall render a decision Employer in writing within two (2) working daysfuture 26 proceedings. 7.03 28 f) The aggrieved party may have a Union representative represent him at any step of 29 the Grievance Procedure. 30 31 g) The existence of this Grievance Procedure, hereby established, shall be the sole 32 and exclusive method for resolving disputes and disagreements that may arise 33 pursuant to the terms of this Agreement. 34 35 h) The time limits provided herein will be strictly adhered to and any grievance not 36 filed initially or appealed within the specified time limits shall be deemed waived 37 and void. If the Employer fails to reply within the specified time limit, the 38 grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented automatically move to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned next step by default. The time limits 39 specified for either party may be represented extended only by the Committeeperson written mutual agreement. 40 41 i) This procedure shall not be used for the purpose of adding to, subtracting from, or 42 altering in any necessary discussion and filing way, any of the grievanceprovisions of this Agreement. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve43

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances 8.01 The time limits set out for the Grievance Procedure are mandatory; failure to comply strictly with such time limits except by the written agreement of the Parties will result in the grievance being deemed abandoned, subject only to the provisions of Section 48(16) of the Labour Relations Act. The time limits may be extended by written agreement of the Parties. 8.02 The Parties agree that complaints arising between the parties shall Parties with the respect to the application, interpretation or alleged violation of this agreement be dealt with as speedily and effectively as possible in accordance promptly. Aside from a grievance related to discharge, an employee has no grievance until she/he has first raised it with the following procedureDirector of Care or designate. (a) 8.03 Any employee having time limits referred to in the Grievance and Arbitration procedures will be exclusive of Saturdays, Sundays and holidays observed by the Employer. 8.04 If the complaint is not resolved, then it may be filed as a formal grievance, subject to the following steps: 8.05 If an employee or one designated member of the Union has a group having a grievancecomplaint, shall the matter will first take the grievance up be discussed informally with the Chief EngineerDirector of Care or Designate. To be considered, who a complaint must be raised within 10 days of the circumstances giving rise to it having occurred or ought reasonably have come to the attention of the employee The Director of Care or designate will attempt to adjust itrespond within five days of the complaint being presented or within another mutually agreed time. (b) Any 8.06 If a complaint is considered and not resolved; then it may be filed as a formal grievance subject to the following steps: An employee may request or the Chief Engineer Union on behalf of the employee, will present a written grievance in writing to call the Committeeperson to handle a specified grievance with Director of Care or designate indicated the Chief Engineer. Without further discussion following” the nature of this the grievance, the Chief Engineer will notify the Committeeperson date of the employee's request alleged violation, the remedy sought and will make arrangements for the Committeeperson provisions of this agreement that are alleged to be present when violated. Such grievances must be filed within ten (10) days of the date of the alleged violation The parties may choose meet to discuss the grievance is next discussed. (c) If the grievance is not adjusted satisfactorilyat a time and place suitable to both parties. The Director, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall of Care will render a decision in writing within two ten (210) working days. 7.03 If days following the day on which the grievance was submitted if no meeting is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee held or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after if the meeting is held. If this presentation of decision is unsatisfactory to the grievanceemployees or the Union, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision Step #2 may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered followed within five (5) working days after hearing of the appeal. 7.05 At any meeting with the Personnel Director or the designated representativedecision. Failing settlement at Step 1, the Grievance Committee grievance may have present any employee affected be referred to the Home Administrator or designate who will call a meeting as soon as practical. Within five (5) days following the meeting the Home Administrator or designate will reply in the Grievance and any duly accredited representative or representatives of writing to the Union. 7.06 Management may have present 8.07 All decisions arrived at by the Employer and the Union at Step 1 or Step 2 will be final and binding on the Employer, the Union and the grievor(s). 8.08 Failing settlement under the foregoing procedure of any meeting with grievance arising from the Grievance Committee interpretation, application, administration or alleged violation of this Agreement, including any employee affected in question as to whether a matter is arbitrable, the grievance under consideration and/or any members of Management. may be submitted to arbitration. If no written request for arbitration is received within thirty (a30) Any employee who is called for an interview concerning discipline, may, if calendar days after the employee so desires, request the presence date of the Committeeperson to represent decision under Step #2, the employee during such interview. It is understood that the interview grievance will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforedeemed abandoned. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All Section a. The purpose of this article is to provide employees with a fair and expeditious procedure covering all grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedureproperly grievable under 5 USC 7121. (a) Section b. The parties strongly endorse the concept that grievances should be resolved informally and will always attempt informal resolution at the lowest appropriate level before filing a formal grievance. A reasonable and concerted effort must be made by both parties toward informal resolution. Section c. Any employee having has the right to file a grievance, formal grievance with or one designated member without the assistance of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust itUnion. (b) Any employee may request 1. after the Chief Engineer to call the Committeeperson to handle a specified formal grievance with the Chief Engineer. Without further discussion of this grievanceis filed, the Chief Engineer will notify Union has the Committeeperson of the employee's request and will make arrangements for the Committeeperson right to be present when at any discussions or adjustments of the grievance is next discussed.between the grievant and representatives of the Employer. Although the Union has the right to be present at these discussions, it also has the right to elect not to participate; (c) If 2. if an employee files a grievance without the assistance of the Union, the Union will be given a copy of the grievance within two (2) working days after it is not adjusted satisfactorilyfiled. After the Employer gives a written response to the employee, it shall be reduced the Employer will provide a copy to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing Union within two (2) working days.. All responses to grievances will be in writing; 7.03 If 3. the grievance is not adjusted satisfactorily within seven (7) working days, it shall Union has the right to be presented notified and given an opportunity to the Plant Engineer of the Power House concerned, before whom the employee be present during any settlement or the group representative concerned may be represented by the Committeeperson for the purpose adjustment of any necessary discussion and filing grievance; and 4. the Union has the right to file a grievance on behalf of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the any employee or group representative concerned shall of employees. Section d. Grievances must be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative filed within ten forty (1040) working calendar days of the date of filing the alleged grievable occurrence. If needed, both parties will devote up to ten (10) days of the written appealforty (40) to the informal resolution process. If a party becomes aware of an alleged grievable event more than forty (40) calendar days after its occurrence, the grievance must be filed within forty (40) calendar days from the date the party filing the grievance can reasonably be expected to have become aware of the occurrence. A written decision shall grievance can be rendered filed for violations within five (5) working days after hearing the appeallife of this contract, however, where the statutes provide for a longer filing period, then the statutory period would control. 7.05 At any meeting Section e. If a grievance is filed after the applicable deadline, the arbitrator will decide timeliness if raised as a threshold issue. Section f. Formal grievances must be filed on Bureau of Prisons “Formal Grievance” forms and must be signed by the grievant or the Union. The local Union President is responsible for estimating the number of forms needed and informing the local HRM in a timely manner of this number. 1. when filing a grievance, the grievance will be filed with the Personnel Director Chief Executive Officer of the institution/facility , if the grievance pertains to the action of a n individual for which the Chief Executive Officer of the institution/facility has disciplinary authority over; 2. when filing a grievance against the Chief Executive Officer of an institution/facility, or when filing a grievance against the designated representativeactions of any manager or supervisor who is not employed at the grievant’s institution/facility, the Grievance Committee grievance will be filed with the appropriate Regional Director; 3. when filing a grievance against the actions of an employee, supervisor, or manager supervised by a specific BOP division, the grievance will be filed with the Assistant Director of that division; 4. when filing a grievance against a Regional Director, the grievance will be filed with the Director of the Bureau of Prisons, or designee; 5. in cases of violations occurring at the national level, only the President of the Council of Prison Locals or designee may file such a grievance. This grievance must be filed with the Chief, Labor Relations Office; and 6. grievances filed by the Employer must be filed with a corresponding Union official. Section g. After a formal grievance is filed, the party receiving the grievance will have present any employee affected in thirty (30) calendar days to respond to the Grievance grievance. 1. if the final response is not satisfactory to the grieving party and any duly accredited representative that party desires to proceed to arbitration, the grieving party may submit the grievance to arbitration under Article 32 of this Agreement within thirty (30) calendar days from receipt of the final response; and 2. a grievance may only be pursued to arbitration by the Employer or representatives of the Union. 7.06 Management may have present at any meeting with Section h. Unless as provided in number two (2) below, the Grievance Committee any employee affected deciding official’s decision on disciplinary/adverse actions will be considered as the final response in the grievance under consideration and/or any members of Managementprocedure. The parties are then free to contest the action in one 1. by going directly to arbitration if the grieving party agrees that the sole issue to be decided by the arbitrator is, “Was the disciplinary/adverse action taken for just and sufficient cause, or if not, what shall be the remedy?”; or 2. through the conventional grievance procedures outlined in Article 31 and 32, w here the grieving party wishes to have the arbitrator decide other issues. (a) Any Section i. The employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview and his/her representative will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion allowed a reasonable amount of the matter. Any employee who has been suspended or discharged shall be advised official time in writing of the reason therefore, and shall be permitted an interview accordance with the Committeeperson in an office designated by Management, before the employee is required Article 11 to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on assist an employee for falsification of in the employee's employment application after a period of twelvegrievance process.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties Union and the Employer shall be dealt with as speedily and effectively as possible settled in accordance with the following procedure. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion procedures and terms of this grievance, Article. Extensions of timelines can be granted by mutual agreement by both parties in writing. Both parties shall make a reasonable effort to settle the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, dispute before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing written submission of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten Step 1. Within fourteen (1014) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working calendar days of the date of filing the event giving rise to the grievance, the employee, and the Union Representative shall submit the grievance letter to the Supervisor and Human Resources Director Manager. The written grievance shall set forth the specific acts that constitute the basis for the grievance. The Supervisor, Grievant and Union Representative shall meet within fourteen (14) calendar days of submission of the grievance for the purpose of resolving the grievance. Supervisor shall provide a written answer to the grievance within fourteen (14) calendar days following the grievance meeting. Step 2. In the event the grievance is not resolved in Step 1, the Union shall submit a Step 2 grievance to the Department Director and Human Resources Director or designee within fourteen (14) calendar days of receipt of the Step 1 grievance decision. The meeting shall be held within fourteen (14) calendar days following receipt of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with attended by the Committeeperson Union Representative, Grievant, and Human Resources Director. Management shall provide a written answer to the Union within fourteen (14) calendar days following the grievance meeting. Step 3. In the event the grievance is not resolved in an office designated by Management, before the employee is required to leave the Plant. Whether called or notStep 2, the Committeeperson will be advised in writing Union may within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelvefourteen

Appears in 2 contracts

Samples: Tentative Agreement, Tentative Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 14.01 Any dispute between the parties Co-operative, the Union or the employees covered by this Agreement which concerns the interpretation, application or alleged violation of this Agreement may be presented as a grievance. 14.02 Any employee, the Union, or the Co-operative may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, or within fifteen (15) working days of the last day worked when relating to a discharge grievance, shall be dealt with forfeited and waived by the aggrieved party. 14.03 The procedure for adjustment of grievances and disputes shall be as speedily and effectively as possible in accordance with the following procedure.follows: (a) Any A discussion between the Shop Xxxxxxx and/or Union Representative (with the aggrieved employee having a grievancepresent or absent at their option) and the immediate supervisor, or one designated member in the absence of a group having a grievancethe immediate supervisor, shall first take the grievance up with the Chief Engineer, who will attempt to adjust itGeneral Manager. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion Failing agreement of this grievancesubsection (a), the Chief Engineer will notify grievance shall be submitted in writing within fifteen (15) working days and shall clearly set forth the Committeeperson issues and contentions of the employee's request aggrieved party, and will make arrangements for the Committeeperson to be present when the grievance is next discussedshall be dealt with by the Shop Xxxxxxx and/or Union Representative and the General Manager or their duly appointed representative in the event of their absence. The General Manager or their duly appointed representative shall render a written decision on any grievance initiated by an employee or the Union, within fifteen (15) working days. A full-time Union Representative shall render a written decision on any grievance initiated by the Co-operative, within fifteen (15) working days. (c) If the grievance is Failing agreement of subsection (b), then upon request of either party, but not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within later than ten (10) working dayscalendar days thereafter, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativereferred to an Arbitrator, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Managementselected as per Article 15. (ad) Any employee who is called for If the Union refers the matter to an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled Arbitrator as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twentyper sub-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelvearticle

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the Agreement. Section 2. The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit, having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. Section 3. It is recognized and accepted by the Union and the Employer that the processing of grievances arising between as hereinafter provided is limited to the parties job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union representative shall be dealt allowed a reasonable amount of time with as speedily pay when a grievance is investigated and effectively as possible presented to the Employer during normal working hours, provided that the employee and the Union have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. Section 4. Grievances shall be resolved in accordance conformance with the following procedure.: (a) Any employee having a grievanceSTEP 1. The Union xxxxxxx, with or one designated member of a group having a grievancewithout the employee, shall first take up the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing days of its occurrence or the employee’s knowledge of its occurrence with the employee’s supervisor. The supervisor shall attempt to adjust the matter and shall respond to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record xxxxxxx within three (3) working days. STEP 2. In the event the grievance is not resolved to the satisfaction of the Union in Step 1, it shall be presented in writing within seven (7) days to the department head who may conduct a new hearing and who shall submit a written decision to the Union and the employee within ten (10) days thereafter. STEP 3. In the event no settlement is reached, the grievance shall be presented in writing within seven (7) days to the County Administrator. The County Administrator will respond in writing to the Union within ten (10) days. STEP 4. A grievance not resolved in Step 3 of the grievance process may be submitted to the Bureau of Mediation Services by mutual agreement. It is recognized by the parties that the intervention of the EMS does not preclude either party from proceeding to arbitration. The use of the EMS is for a possible mediated resolution only. STEP 5. If a grievance remains unresolved, the Union may, within seven (7) calendar days after the response of the County Administrator, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union. If the parties fail to mutually agree upon an arbitrator within seven (7) calendar days, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first name, and the other party shall then strike one name. The process will be repeated, and the remaining person shall be the arbitrator. A hearing on the grievance shall be held promptly by the arbitrator and a decision shall be rendered by him within thirty (30) days of the action takendate of hearing. All expenses of the cost of the arbitrator shall be duly shared and assessed equally by the parties. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. Section 5. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted to him/her by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted to him/her. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The decision shall be based solely upon the arbitrator’s interpretation or application of the express terms of this Agreement and on the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer and the Union and the employees, to the extent established by the PELRA of 1971, as amended. Section 6. If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed upon extension thereof, it shall be considered settled on the basis of the Employer’s last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended upon mutual written agreement of the Employer and the Union. Section 7. Any matters governed by statutory provisions except as expressly provided for in this Agreement shall not be considered grievances under this Agreement. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred the event that more than one (1procedure is available for resolution of a dispute arising from any provisions covered by this Agreement, the aggrieved employee(s) year previously nor impose discipline on an employee for falsification shall be limited to one procedure through which remedy may be sought. The aggrieved employee(s) shall indicate, in writing, which procedure is to be utilized, and shall sign a statement to the effect that the choice of any one procedure precludes the employee's employment application after aggrieved employee(s) from making a period of twelvesubsequent appeal under any other procedure.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 Section 1. The Employer recognizes the right of the Union to select one Xxxxxxx at each store to represent the employees on all grievances concerning the interpreta­ tion or application of this Agreement. Section 2. All grievances arising between concerning the parties interpretation or application of this Agreement shall be dealt with as speedily and effectively as possible settled in strict accordance with the following procedureprocedure set forth in this Article, and, except as otherwise specifically provided in this Agreement, this procedure is the sole and exclusive method of disposing of such grievances: Step 1 — The grievance must be filed within two (2) weeks of the grievance incident and immediately thereafter a meeting will be held among the aggrieved employee (s), the Xxxxxxx (or other Union official), and the Store Manager (or other Employer official). Provided, that in all cases not involving discharge or suspension, the Step 1 two-week time limitation shall not run during any period when the aggrieved employee is not actually working (e.g., vacation or illness). (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) Step 2 — If the grievance is not adjusted satisfactorilysatisfactorily settled in Step 1, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing submitted to an appropriate management official within two (2) working daysweeks of the Step 1 answer. Upon receipt, the Employer shall issue a written answer within one (1) week. 7.03 Step 3 — If the grievance is not adjusted satisfactorily within seven settled in Step 2, the Union has two (72) working daysweeks from receipt of the Step 2 answer to submit a written appeal to an appro­ priate management administrative official. Within one (1) week thereafter, it a meeting shall be presented to the Plant Engineer held between Employer and Union officials and a final written ans­ wer issued within one (1) week of the Power House concernedmeeting. Pro­ vided, before whom that the employee or the group representative concerned parties may be represented by the Committeeperson for the purpose agree to hold additional Step 3 meetings without loss of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after rights under this presentation of the grievance, unless an extension of such time is mutually agreed to be necessaryArticle. 7.04 Step 4 — If the grievance is not adjusted by satisfactorily settled in Step 3, the Plant Engineer, such decision may be appealed within ten Union has four (104) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of weeks from the date of filing of the last Step 3 meeting to refer the matter to arbitration. Upon written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives notice of the Union. 7.06 Management may have present at any meeting with ’s intent to arbitrate a grievance, the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged parties shall be advised in writing of the reason thereforeeach designate a rep­ resentative, and the two representatives shall be permitted attempt to agree upon an interview with impartial arbitrator. If the Committeeperson in an office designated by Management, before the employee is required representatives are unable to leave the Plant. Whether called or not, the Committeeperson will be advised in writing reach agreement within one (1) working day week, the Union may request the Federal Media­ tion & Conciliation Service to submit a panel of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelveseven

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances 15.01 The Employer and the Union both agree that the settlement of any complaint or grievance arising out of the terms of this agreement should, so far as possible, be arranged between the parties Team Member and the Immediate Supervisor. 15.02 A difference between the Employer and the Union as to the meaning and application of the provisions of this Agreement shall be dealt with as speedily considered a policy grievance. Any policy grievance will be processed by the Executive of the Union and effectively as possible in accordance with shall be submitted to the following procedureEmployer under Step 2 of the Grievance Procedure. (a) Any employee having 15.03 Unless a grievance, or one designated member grievance of a group having Team Member or a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the policy grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative Employer within ten (10) working days of the griever, from the date of filing of when the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director grievance first arose, or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives case of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. dismissal within ten (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (310) working days of the action taken. In imposing discipline on a current chargegriever’s notification to the Union, Management will the grievance is waived and the Team Member or the Union shall not take into account be permitted to present the same to the Employer thereafter. 15.04 Any complaint, disagreement or difference of opinion between the parties hereto concerning interpretation, application, operation, or any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification alleged violation of the employee's employment application after terms of this Agreement shall be considered a period grievance and the procedure of twelvesettlement shall be as follows: Step 1 If the complaint or grievance is not satisfactorily resolved in discussion between the Team Member and the immediate Supervisor, it shall be set out in writing citing the alleged violation of the Collective Agreement including the Article(s) affected. It shall be submitted in this form to the Immediate Supervisor within the time limits specified in Article 15.03. A decision will be forwarded to the Union within ten (10) working days of receiving the grievance. Step 2 If the grievance is not resolved in Step 1, within ten (10) days the Union shall submit the grievance to the Area Manager or Zone Manager in writing clearly stating the alleged violation of the Collective Agreement including the Article(s) which were allegedly violated. This submission must be made within ten (10) working days of receiving the Step 1 response. The Area Manager or Zone Manager, responsible for the division will make the decision known to the Union and Shop Xxxxxxx who filed the grievance within ten (10) working days of receiving the grievance. Step 3 If the grievance is not satisfactorily resolved in Step 2, within ten (10) days the Union shall submit to the General Manager or Senior Zone Manager, a request to hold a meeting between the Union Business Representative, the Shop Xxxxxxx, the griever and the General Manager or Senior Zone Manager, responsible for the division to hear the grievance. A full hearing of the grievance will be held within ten

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances 15.01 The Employer and the Union both agree that the settlement of any complaint or grievance arising out of the terms of this agreement should, so far as possible, be arranged between the parties Team Member and the Immediate Supervisor. 15.02 A difference between the Employer and the Union as to the meaning and application of the provisions of this Agreement shall be dealt with as speedily considered a policy grievance. Any policy grievance will be processed by the Executive of the Union and effectively as possible in accordance with shall be submitted to the following procedureEmployer under Step 2 of the Grievance Procedure. (a) Any employee having 15.03 Unless a grievance, or one designated member grievance of a group having Team Member or a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the policy grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative Employer within ten (10) working days of the griever, from the date of filing of when the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director grievance first arose, or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives case of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. dismissal within ten (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (310) working days of the action taken. In imposing discipline on a current chargegriever’s notification to the Union, Management will the grievance is waived and the Team Member or the Union shall not take into account be permitted to present the same to the Employer thereafter. 15.04 Any complaint, disagreement or difference of opinion between the parties hereto concerning interpretation, application, operation, or any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification alleged violation of the employee's employment application after terms of this Agreement shall be considered a period grievance and the procedure of twelvesettlement shall be as follows: Step 1 If the complaint or grievance is not satisfactorily resolved in discussion between the Team Member and the immediate Supervisor, it shall be set out in writing citing the alleged violation of the Collective Agreement including the Article(s) affected. It shall be submitted in this form to the Immediate Supervisor within the time limits specified in Article 15.03. A decision will be forwarded to the Union within ten (10) working days of receiving the grievance. Step 2 If the grievance is not resolved in Step 1, within ten (10) days the Union shall submit the grievance to the Area Manager or Zone Manager in writing clearly stating the alleged violation of the Collective Agreement including the Article(s) which were allegedly violated. This submission must be made within ten (10) working days of receiving the Step 1 response. The Area Manager or Zone Manager, responsible for the division will make the decision known to the Union and Shop Xxxxxxx who filed the grievance within ten (10) working days of receiving the grievance. Step 3 If the grievance is not satisfactorily resolved in Step 2, within ten (10) days the Union shall submit to the General Manager or Senior Zone Manager, a request to hold a meeting between the Union Business Representative, the Shop Xxxxxxx, the griever and the General Manager or Senior Zone Manager, responsible for the division to hear the grievance. A full hearing of the grievance will be held within ten (10) days of receiving written request to do so. A decision will be forwarded to the Union within ten (10) working days of the hearing. If the decision is unsatisfactory to the Union, the grievance may be submitted to Arbitration, notice will be given in writing within 10 days of receiving the written reply from the Employer. The parties agree to meet at each step of the grievance process. 15.05 The time limits expressed in the foregoing shall exclude Saturdays, Sundays, designated Holidays and normal time off. It is understood and agreed that the time limits specified in Steps 1, 2 or 3 may be altered by mutual agreement between the Employer and the Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between A. A grievance is defined as a specific violation of a term of this agreement, or disciplinary action taken against a union member. Each written grievance must state the parties shall be dealt with as speedily Article of the agreement where the violation has occurred, and effectively as possible in accordance with the following procedureremedy requested to settle the grievance. (a) B. Any employee having a grievance, or one designated member of a group having a grievance, shall first take step in the grievance up with procedure outlined below may be skipped on any grievance by mutual consent. In the Chief Engineerabsence of such mutual consent, who at any step where a response is not forthcoming within the specified time limits, the grievance will attempt be presumed to adjust ithave been denied. In such a case, the grievant must present his grievance to the next step in the grievance procedure in order to obtain further consideration. A copy of all grievances and responses will be forwarded to the Township Administrator and the President of the Union. C. Step 1. The union member or group of union members shall present their grievance in writing to their immediate supervisor for their disposition. Except for monetary issues, this must be done within five (b5) Any employee may request calendar days (excluding Saturday, Sunday, and recognized holidays) following the Chief Engineer to call date of occurrence or when the Committeeperson to handle a specified grievance with union member or the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson Union should have had knowledge of the employee's request and will make arrangements for occurrence of the Committeeperson to be present when facts upon which the grievance is next discussedbased. The grievant may, if their or they so desire, be accompanied by a member of the Grievance Committee at this step. The immediate supervisor shall reply in writing to the aggrieved within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays). If the aggrieved union member or members do not refer the grievance to the second step of the procedure within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) after receipt of the decision rendered in this step, it shall be considered to be satisfactorily resolved. D. Step 2. The grievance, together with all correspondence, shall be submitted to the Chief. The Chief or his designee shall investigate and hold a grievance meeting within five (c5) calendar days (excluding Saturday, Sunday, and recognized holidays) after receipt of the grievance. The Chief shall give his answer to the Union and the aggrieved in writing within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) after termination of such grievance meeting. Both the Union and/or its representatives and Township shall have the right to call such witnesses as are necessary to the investigation and explanation of the grievance. The aggrieved may be represented by a member of the Grievance Committee. E. Step 3. The grievance shall be submitted to the Township Administrator no later than five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) after receipt of the unacceptable decision rendered in step 2, or within five (5) calendar days after the five (5) calendar day period in which the response is due. If the grievance is not adjusted satisfactorilyso presented, it will not further be considered. A meeting shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision scheduled within five (5) working calendar days (excluding Saturday, Sunday, and recognized holidays) after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appealgrievance in Step 3. A written The decision of the Township Administrator shall be rendered given within five (5) working calendar days after hearing of said meeting. If the appealaggrieved union member does not notify the Township Administrator through the President of the Union of their dissatisfaction with the decision rendered, the grievance shall be considered resolved. If the Township Administrator fails to answer in writing within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) time period, the grievance will be presumed to have been denied. 7.05 At F. Step 4. Failure to resolve any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected grievance processed through Step 3 will result in the grievance under consideration and/or any members of Management. being referred to an Arbitrator, provided written notice for the same is made by the Union President or their designee with five (a5) Any employee who is called for an interview concerning disciplinecalendar days (excluding Saturday, maySunday, if the employee so desires, request the presence and recognized holidays) after receipt of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion decision of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspensionTownship Administrator, or discharge and after the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelvefive

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising An employee, who has completed their probationary period, and has been disciplined, suspended or discharged, is entitled to appeal such action through the Grievance Procedure. a) A grievance shall define the related article(s) of the Collective Agreement, past practice, legislation, policies and procedures of the Employer, which have been violated. It is also understood that all applicable articles, violations and details of the grievance are included. b) The Corporation acknowledges the right of the Union President (or designate) to appoint or otherwise select the Union grievance representatives, up to a maximum of three (3) representatives. c) Grievance representatives (to a maximum of three) and the grievor (unless terminated) shall be paid while presenting the grievance to Management. 7.02 Should any differences arise between the parties Employer and any of the employees from the interpretation, application, administration, or alleged violation of the provisions of this Agreement, xxxxxxx effort shall be dealt with as speedily and effectively as possible made to settle such differences without undue delay in accordance with the following procedure.manner: (a) Any It is understood that an employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson and/or representative of the employee's request and will make arrangements for Union shall not grieve until they have made the Committeeperson to be present when Supervisor on duty aware of the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concernedcomplaint in writing, and given them an opportunity to implement a course of action to rectify the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily issue within seven (7) working daysdays for the employee involved. The Supervisor on duty shall rectify the issue or immediately report this notification/complaint to Transit Management, it for the employee involved. b) The complaint, if not rectified to the satisfaction of the employee, shall be presented to the Plant Engineer of the Power House concerneddealt with at Step 1. Grievances shall be in writing, before whom the employee or the group representative concerned may be represented signed by the Committeeperson for the purpose of any necessary discussion grievor and filing of the grievance. The Plant Engineer shall render a written decision filed within five (5) working days after this presentation of for the grievance, unless an extension of such time is mutually agreed to employee involved. Grievances shall be necessaryin writing at all stages. Harassment issues shall be dealt with under 6.01. 7.04 If c) All scheduling requirements for the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committeeresponsibility of Transit Management, Human Resources and Transit Union Executive. The matter Union representative shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day receive a minimum of twenty-four (24) hours notification of the fact of written reprimand, suspension, or discharge and the reason thereforegrievance meeting. (bd) The employee parties, by mutual agreement, and confirmed by email, may extend the time periods at each step in the Grievance Procedure. Such extension shall be a reasonable request. e) Any alleged violation of the Collective Agreement as it relates to discipline, discharge, policy and group grievances will be tendered a copy submitted in writing, clearly defining what article in the Collective Agreement has been allegedly violated and what occurred. The grievance process shall commence at Step 2 as per Article 7.02. STEP 1 The grievance shall be presented to the Supervisor on duty of any warning, reprimand, suspension the designated area of responsibility or disciplinary layoff entered their designate. The Supervisor on duty or their designate shall meet with the employee's personnel record grievor and one (1) Union Representative within three five (35) working days of receiving the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelvegrievance and shall respond within five

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between It is the mutual desire of the parties hereto, that complaints of employees shall be dealt with adjusted as speedily quickly as possible. Grievance shall mean any difference of dispute concerning the interpretation, application, administration or alleged violation of the collective agreement. Any of the time limits contained herein are mandatory, however, they may be extended if mutually agreed to in writing. If no extension has been requested in writing by the Union and effectively the time limits are exceeded, the grievance will be considered as possible being resolved in accordance with favour of the following procedureEmployer. If no extension has been requested in writing by the Employer and the time limits are exceeded, the grievance will be considered as being resolved in favour of the Union. (a) Any employee having a grievance, Step 1: The xxxxxxx or one designated member of a group having a grievance, supervisor shall first take be given the grievance up with the Chief Engineer, who will attempt opportunity to adjust it. (b) Any employee may request the Chief Engineer a complaint. When a complaint is reduced to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorilywriting, it shall be reduced termed a grievance and shall be advanced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (Step 2) working days. 7.03 If the Step 2: The written grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented submitted to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated Employer representative within ten (10) working days of from the date of filing of incident giving rise to the written appeal. A written decision complaint. Step 3: The Employer representative shall be rendered hear the grievance within five fifteen (515) working days after hearing from the appealincident giving rise to the complaint. The grievance shall be presented by the Business Manager or his representative and the shop xxxxxxx. The written decision of the Employer representative shall be submitted to the Business Manager and the shop xxxxxxx within eighteen (18) working days from the incident giving rise to the complaint. 7.05 At any Step 4: If the Employer's answer in Step 3 is unacceptable, the grievance shall then be discussed within twenty-eight (28) working days from the incident giving rise to the complaint at a meeting with of the Personnel Director Plant Manager or his designated representative and the International Vice-President or his designated representative. If the matter is not resolved in Step 4, the Grievance Committee Union may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised advise in writing within one (1) working day of twentythirty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (333) working days of from the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of incident giving rise to the employee's employment application after a period of twelvecomplaint that it wishes to submit the matter to arbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between 20.01 The members of Local No. 465 of the parties International Association of Fire Fighters shall, from among their members, appoint a Grievance Committee of three (3) employees and shall forthwith notify the Fire Chief and the Executive Director of Human Resources of the City of Oshawa of the names of the members of the Committee and of any changes made from time to time in the membership of the said Committee. 20.02 It shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any duty of the Grievance Committee, appointed under subsection 20.01 hereof, to represent any employee having who claims grounds for a grievance, relative to working conditions, wages, unjust discipline, suspension, supersedure or one designated discharge, etc. Members will be allowed to have Union representation when the member is summoned to interact with the employer for any of a group having a the above issues in dispute. The Committee shall have the power to reject any grievance, shall first take subject to appeal to the Association by the grievor. The grievance up must be presented to the Grievance Committee within four (4) days of the event giving rise to the grievance. The duly elected Grievance Committee, as recognized in Article 20.01, shall, while on duty, be entitled to attend without loss of pay for the attendance of any meeting with the Chief Engineer, who will attempt to adjust itCorporation for Step 1 and Step 2 grievances. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified 20.03 Step 1 Every grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by stating the employee or group representative concerned, and the Chief Engineer shall render a decision Article(s) in writing within two (2) working days. 7.03 If which the grievance is not adjusted satisfactorily within seven (7) working daysfounded, it a description of the alleged violation/events and the remedy sought, and shall be presented by the Grievance Committee to the Plant Engineer Fire Chief, or, in the absence of the Power House concernedChief to the Deputy Fire Chief, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing calendar days after the happening of the event giving rise to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the mattergrievance. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee grievance which is required to leave the Plant. Whether called or not, the Committeeperson will be advised not presented in writing within one (1) working day of twenty-four (24) hours of such time shall not be accepted or considered by the fact of written reprimandFire Chief or Deputy Fire Chief. Such days not to include Saturdays, suspensionSundays, or discharge and the reason thereforeHolidays. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between 18.01 It is the mutual desire of the parties that complaints of employees shall be dealt with adjusted as speedily and effectively quickly as possible in accordance possible. It is understood that an employee has no grievance until she has first given her immediate supervisor an opportunity to adjust the complaint. Any complaint shall be discussed with the following procedure. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative supervisor concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days workdays after this presentation of the grievance, unless an extension of such time is mutually agreed circumstances giving rise to be necessary. 7.04 the complaint occurred or originated. If the grievance supervisor is not adjusted by unable to adjust the Plant Engineer, such decision may be appealed within ten (10) working days, in writing complaint to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered mutual satisfaction within five (5) working days workdays, the employee may proceed with the grievance procedure at step 1 within five (5) workdays after hearing the appealdecision of the supervisor. The parties to this Agreement recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances. 7.05 At any meeting with the Personnel Director 18.02 The reference to days excludes Saturdays, Sundays and public holidays. Time limits mentioned in this Article may be extended on consent of both parties. 18.03 The Employer or the designated representativeUnion shall not be required to consider or process any grievance which arises out of any action or condition more than five (5) workdays after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, the Grievance Committee may have present any employee affected in limitation period shall not begin to run until the Grievance and any duly accredited representative action or representatives condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application or administration of the UnionCollective Agreement. 7.06 Management may 18.04 A Group Grievance is defined as a single grievance, signed by a xxxxxxx or a CLAC Representative on behalf of a group of employees who have present the same complaint. Such a grievance must be dealt with at any meeting with the Grievance Committee any employee affected in successive stages of the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning disciplineprocedure, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permitcommencing with step 1. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged grievors shall be advised in writing of listed on the reason thereforegrievance form. Should such a grievance be referred to arbitration, and the matter shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforeadjudicated as a group grievance. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between 7.1 For the parties purpose of this agreement, a grievance shall be dealt with defined as speedily and effectively as possible in accordance with a complaint by any employee or the following procedureUnion that there has been a violation, misinterpretation or misapplication of any provision of this agreement. 7.2 The grievance procedure shall be as follows: STEP 1: A grievance shall be presented by the aggrieved employee and/or the Union within five (a5) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson working days of the employee's request and will make arrangements for or Union's knowledge of the Committeeperson to be present when occurrence of the grievance is next discussedto the employee's immediate superior who shall attempt to settle the problem within one (1) working day. (c) STEP 2: If the grievance is not adjusted satisfactorilyresolved according to Step 1, it shall be reduced to writing and signed by the employee or group representative concerned, aggrieved party and/or the Union shall present the grievance to the appropriate director within three (3) working days of Step 1. The appropriate director shall hear the grievance and the Chief Engineer shall render a decision in writing to the Union within two five (25) working daysdays thereof. 7.03 STEP 3: If the grievance is not adjusted satisfactorily within seven (7) working daysresolved in accordance with Step 2, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee Town Manager or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director his or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record her designee within three (3) working days of the action takenStep 2 denial. The Town Manager or his or her designee shall render a decision within five (5) working days of the hearing thereof. STEP 4: In imposing discipline on the event the grievance is not settled in a current chargemanner satisfactory to the employee and/or the Union, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an then the grievance may be submitted to arbitration in the manner provided herein. Members of the Union, Stewards and the aggrieved employee for falsification of and the employee's employment application witnesses or Town employees will not suffer loss of pay for time spent in processing a grievance by mutual agreement. Grievances must be submitted to arbitration within thirty (30) working days after the completion of Step 3. 7.3 The parties also agree on all cases of suspension or dismissal, the aggrieved and/or the Union may proceed to Step 3 of the grievance procedure upon notification by the Union to the Town Manager or his or her designee. The Town Manager or his or her designee shall render a period decision within five (5) working days of twelvethe notification thereof, in accordance with Step 3. 7.4 In the event a grievance is not settled under Step 1, 2 or 3 above, said grievance shall, at the request of the Union or the Town, be submitted to arbitration to the American Arbitration 7.5 The parties agree that during the grievance process, failure to meet the timing requirements as noted in Article 7, will necessitate that the grievance be voided against the party at fault.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances A. A grievance shall mean a complaint by an employee or group of members arising between out of an interpretation of the parties shall provisions of this Agreement or conditions of employment implied but not necessarily stated in this agreement. A grievance to be dealt with as speedily and effectively as possible in accordance with considered under this procedure must be initiated by the following proceduremember within seven (7) working days of its occurrence. B. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved member to proceed to the next step. (a) This is specifically meant to apply to situations where a department head might try to sit on a grievance and not respond to it.) C. Any employee having member who has a grievancegrievance shall put it in writing with his/her Department Head, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will in an attempt to adjust itresolve the matter at that level. (b) Any employee may request D. If, as a result of the Chief Engineer to call submission of the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify matter is not resolved to the Committeeperson satisfaction of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily member within seven (7) working days, it he/she shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If set forth the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director City Manager or the designated representativeCommission, before whom the employee or group representative concerned shall be represented by the Grievance Committeeas appropriate, specifying: 1. The matter nature of the grievance and date occurred; 2. The nature and extent of the loss or inconvenience: 3. His/her dissatisfaction with decisions previously rendered. 4. The results of previous discussion. The City Manager shall be heard between communicate, their decision to the Grievance Committee and the Personnel Director or the designated representative grievant in writing within ten seven (107) working days of the date of filing receipt of the written appeal. A written decision shall be rendered grievance. E. If a grievance is not resolved to the Union's satisfaction, the Union will notify the City Manager within five (5) 15 working days after hearing receipt of the appealdecision of its intention to arbitrate or the decision rendered will be binding on both parties. Arbitrators shall be selected according to the procedures established by PELRB. The parties will share the cost of the arbitrator's fees on a 50/50 basis. 7.05 At F. It is further agreed that any meeting with arbitration rendered under this contract shall be subject to the Personnel Director review provisions of RSA-542. G. An arbitrator deciding a grievance under this contract shall have no authority to alter, amend, change, add to or the designated representativedelete, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives terms of the Unioncontract of the parties. 7.06 Management may have present at any meeting with H. For the Grievance Committee any employee affected in the grievance under consideration and/or any members proposes of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged this section working days shall be advised in writing of the reason thereforeMonday through Friday excluding Saturdays, Sunday and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforeholidays. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Working Agreement, Working Agreement

GRIEVANCE PROCEDURE. 7.01 All 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances arising between the parties shall be dealt with as speedily and effectively as possible that are presented in accordance with the following procedure.this Article. Accordingly, when an employee: (a) Any within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee having a grievanceand their supervisors, or one designated member it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it.time limits; or, (b) Any employee may request following the Chief Engineer presentation of a grievance and within the time limits prescribed under this Article, gives notice to call the Committeeperson delegated grievance step authority of his or her intention to handle a specified grievance with the Chief Engineer. Without further discussion take advantage of this grievancealternative dispute resolution mechanisms, the Chief Engineer will notify time limits stipulated in this Article may be extended by mutual agreement between the Committeeperson of Employer and the employee's request and will make arrangements for employee and, where appropriate, the Committeeperson to be present when the grievance is next discussedAlliance representative. (c) If No representative of the grievance is Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not adjusted satisfactorilyparticipate in an alternate dispute resolution mechanism. (d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, it shall be reduced to writing and signed by the employee may, at his or group representative concernedher request, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present Alliance at any meeting or mediation session held to deal with the Grievance Committee matter. 18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded. 18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee affected and, where appropriate, the Alliance representative. 18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form. 18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances 18.06 An employee who wishes to present a grievance at any prescribed level in the grievance under consideration and/or any members of Management.procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith: (a) Any employee who is called for an interview concerning discipline, may, if forward the employee so desires, request grievance to the presence representative of the Committeeperson Employer authorized to represent deal with grievances at the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason thereforeappropriate level, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore.and (b) The provide the employee will be tendered with a copy of any warning, reprimand, suspension receipt stating the date on which the grievance was received by him or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelveher.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All 10.1 The parties recognise that from time to time employees may have grievances in relation to matters arising between from this Agreement which need to be resolved. 10.2 The objective of this procedure is to ensure that such grievances are resolved without unnecessary delay and that the parties principles of procedural fairness are followed. 10.3 The following procedure shall be dealt with as speedily and effectively as possible in accordance with the following procedure.apply: (a) Any The employee having a grievance, or one designated member of a group having a grievance, shall attempt in the first take instance to resolve the grievance up matter directly with the Chief Engineer, who will attempt to adjust ittheir immediate supervisor. (b) Any If the employee may request still feels aggrieved then the Chief Engineer matter shall be referred to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson nominated representative of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussedemployer. (c) If the grievance is not adjusted satisfactorily, it still unresolved a meeting of the parties shall be reduced arranged at the request of any party. (d) It is agreed that the requirements of this clause shall, as far as is reasonably practicable: (i) be fulfilled within seven business days from the date that the full and complete details of the grievance were notified to writing the employer. (ii) where resolution of the grievance is not achieved within seven business days, then the period may be extended to a maximum of fourteen business days or such longer period as agreed between the parties with such agreement not to be withheld unreasonably (e) Until the grievance is resolved, the employee shall continue normal work unless he or she has a reasonable concern about an imminent risk to their health or safety and signed must comply with a direction given by the employer to perform other available work at the same workplace or another workplace unless: (i) the work is not safe; or (ii) applicable occupational health and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction. (f) No party shall be prejudiced as to the final resolution by the continuance of work. (g) A nominated representative of the employee or group representative concerned, and employer shall be entitled to participate in any discussion(s) conducted under these provisions subject to the Chief Engineer shall render a decision in writing within two (2) working giving of three business days’ prior notice by either party or at an earlier time by mutual agreement. 7.03 (h) If the grievance is not adjusted satisfactorily within seven (7) working days, it shall settled the matter may be presented referred by either party to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson Commission for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, resolution in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting accordance with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Managementclause 13 – Dispute Resolution. (ai) Any employee who is called for an interview concerning disciplineAt any time during the grievance process, may, if the employee so desires, request parties may agree to attempt to resolve the presence matter through a process of the Committeeperson to represent the employee during such interviewmediation. It is understood that the interview The mediation process and cost associated with this process will be scheduled as circumstances permitagreed to by the parties. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson procedures under this clause will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforesuspended while a mediation process is being followed. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Victorian Early Education Agreement 2021, Victorian Early Childhood Teachers and Educators Agreement 2020

GRIEVANCE PROCEDURE. 7.01 All grievances arising 32.01 Any complaint, disagreement or difference of opinion between the parties Employer, the Union or the employees covered by this Collective Agreement, as to the interpretation, application or alleged violation of the terms of this Collective Agreement shall constitute a grievance. Any employee, the Union or the Employer may present a grievance. 32.02 The procedure for adjustment of grievances and disputes shall be dealt with as speedily follows: Step 1: The grievor will first submit the grievance to their Shop Xxxxxxx or Union Representative within ten (10) calendar days of the event giving rise to the grievance and effectively as possible in accordance a discussion of the matter shall take place with the following procedureAdministrator. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) Step 2: If the grievance matter is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision resolved within five (5) working calendar days after this presentation of being referred to Step 1, the grievance, unless an extension of such time is mutually agreed grievance shall be submitted in writing to be necessary. 7.04 the Administrator. If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within matter remains unresolved after ten (10) working days, in writing calendar days from submission to the Personnel Director Administrator, the grievance may be referred to arbitration. 32.03 At any stage in the grievance procedure, an aggrieved employee may elect to be accompanied by a Union Representative or Shop Xxxxxxx. 32.04 The time limits as indicated above can be extended by agreement of both parties to this Collective Agreement. 32.05 When the Union or the designated representativeEmployer presents a grievance, before whom the employee or group representative concerned shall grievance may be represented submitted by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director Union or the designated representative within ten Employer at Step 2 of the grievance procedure. 32.06 Within fourteen (1014) working days of the date of filing Employer’s written decision following Step 2 of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativegrievance procedure, the Grievance Committee may have present any employee affected Union shall notify the Employer, in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in writing, as to their decision as to whether the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required referred to leave the Plant. Whether called Arbitration or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 14.01 Any dispute between the parties Co-operative, the Union or the employees covered by this Agreement which concerns the interpretation, application or alleged violation of this Agreement may be presented as a grievance. 14.02 Any employee, the Union, or the Co-operative may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, or within fifteen (15) working days of the last day worked when relating to a discharge grievance, shall be dealt with forfeited and waived by the aggrieved party. 14.03 The procedure for adjustment of grievances and disputes shall be as speedily and effectively as possible in accordance with the following procedure.follows: (a) Any A discussion between the Shop Xxxxxxx and/or Union Representative (with the aggrieved employee having a grievancepresent or absent at his or her option) and the immediate supervisor, or one designated member in the absence of a group having a grievancethe immediate supervisor, shall first take the grievance up with the Chief Engineer, who will attempt to adjust itGeneral Manager. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion Failing agreement of this grievancesubsection (a), the Chief Engineer will notify grievance shall be submitted in writing within fifteen (15) working days and shall clearly set forth the Committeeperson issues and contentions of the employee's request aggrieved party, and will make arrangements for the Committeeperson to be present when the grievance is next discussedshall be dealt with by the Shop Xxxxxxx and/or Union Representative and the General Manager or his or her duly appointed representative in the event of his or her absence. The General Manager or his or her duly appointed representative shall render a written decision on any grievance initiated by an employee or the Union, within fifteen (15) working days. A full-time Union Representative shall render a written decision on any grievance initiated by the Co-operative, within fifteen (15) working days. (c) If the grievance is Failing agreement of subsection (b), then upon request of either party, but not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within later than ten (10) working dayscalendar days thereafter, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativereferred to an Arbitrator, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Managementselected as per Article 15. (ad) Any employee who is called If the Union refers the matter to an Arbitrator as per Article 14.03 (c) above, a copy of the letter shall also be sent to the FCL Home Office Labour Relations Department in Saskatoon. 14.04 The Co-operative and the Union agree that at any time prior to the hearing date for an interview concerning discipline, may, if arbitration they may voluntarily agree to use a mutually acceptable mediator in their attempts to resolve the employee so desires, request the presence of the Committeeperson to represent the employee during such interviewgrievance. It is expressly understood and agreed between the parties that any such mediator has no authority or powers under the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion terms of the matterCollective Agreement to impose or require the parties to accept his or her suggested settlement to the matter in dispute. Any employee who has been suspended or discharged All expenses and fees that may be incurred by such mediator shall be advised in writing of borne equally by the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twentyCo-four (24) hours of the fact of written reprimand, suspension, or discharge operative and the reason thereforeUnion. Unless otherwise mutually agreed to between the Co-operative and the Union, this procedure may only be used in situations where grievance mediation services are not available through provincial legislation. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having a grievance, or one designated member The Parties to this Agreement are agreed that it is of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt utmost importance to adjust itcomplaints and grievances as quickly as possible. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified A grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson shall be defined as any difference arising out of the employee's request and will make arrangements for interpretation, application, administration, or alleged violation of the Committeeperson to be present when the grievance is next discussedCollective Agreement. (c) If the 9.02 No grievance is not adjusted satisfactorily, it shall be reduced considered where the circumstances giving rise to writing and signed by it occurred, or where the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer became aware of the Power House concerned, occurrence or infraction more than thirty (30) calendar days before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. 9.03 It is understood that prior to a grievance being submitted, the affected Employee and/or the Union shall discuss the complaint with the Grievor’s supervisor, who shall have an opportunity to adjust the complaint. The Plant Engineer Failing resolve with the griever’s direct supervisor the grievance shall render be submitted as follows: Step 1 Following submission of the grievance to the Chief/designate by the union, the Chief/designate, shall arrange a written decision meeting with the Grievor and a Representative of the Union within five four (54) working days after this presentation of (excluding paid holidays and weekends) to discuss the grievance. If a grievance summary is prepared and provided to the individual hearing the grievance, unless an extension of such time a copy shall be provided to the other party. The summary is to be factual in nature and provide a background to the grievance submitted. If a settlement satisfactory to the employee and/or the Union Grievance Committee is not reached within four (4) working days (excluding paid holidays and weekends) from the parties discussing the grievance (or any longer period, which may be mutually agreed to be necessary. 7.04 If upon), the grievance may be presented as follows: Step 2 If a settlement satisfactory to the employee and/or the Union Grievance Committee is not adjusted by the Plant Engineer, such decision reached within four (4) working days (excluding paid holidays and weekends) after Step Number 1 hereof (or longer period which may be appealed mutually agreed upon), a meeting shall be arranged with the Chief Administrative Officer within ten (10) working days, in writing days (excluding paid holidays and weekends) and a decision shall be rendered by the Chief Administrative Officer. At this stage the aggrieved Employee will be accompanied by at least one (1) representative of the Union. If a grievance summary is prepared and provided to the Personnel Director or individual hearing the designated representativegrievance, before whom the employee or group representative concerned a copy shall be represented by provided to the Grievance Committeeother party. The matter shall summary is to be heard factual in nature and provide a background to the grievance submitted. Step 3 If final settlement of the grievance is not completed within ten (10) working days (excluding paid holidays and weekends) after deliberations have concluded between the Union Grievance Committee and the Personnel Director Chief Administrative Officer, and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to Arbitration as provided herein, at any time within thirty (30) working days (excluding paid holidays and weekends) thereafter but not later. If the Grievor or Union does not advise the Chief Administrative Officer of their intent to proceed to arbitration within the thirty (30) days, it will be understood that they concur with the decision of the Chief Administrative Officer and will not proceed to arbitration. 9.04 Replies to grievances shall be in writing at all times. 9.05 Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed. 9.06 The Employer shall supply the necessary facilities or, where mutually agreed, a virtual platform for the grievance meetings. 9.07 Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the designated representative Union has a grievance, such a question or grievance may be directly submitted to the Chief Administrative Officer for consideration and any steps of the Grievance Procedure may be by-passed. The Chief Administrative Officer shall arrange the meeting and render a decision within ten (10) working days of the date of filing conclusion of the written appeal. A written decision shall be rendered within five grievance meeting (5) working days after hearing the appealexcluding paid holidays and weekends). 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected 9.08 The time limits set forth in the grievance under consideration and/or procedure may be extended at any members time upon the mutual agreement of Managementthe Employer and the Union. (a) Any employee who is called for an interview concerning disciplineShould the parties jointly determine that, mayhaving completed Step 2 per Article 9.03, if the employee so desiresissue under grievance could potentially be resolved through a non-binding mediation process, request such process shall take place prior to the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permitissue being heard at arbitration. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management subsequent mediation process will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee prevent either party from filing for falsification of the employee's employment application after a period of twelvearbitration per Article

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties Section 1. A grievance, under this Agreement, shall be dealt defined as a claim of an employee, or the Local Union, covered by the Agreement which involves the interpretation, administration of, or compliance with as speedily and effectively as possible in accordance with the following procedurea specific provision of this Agreement. (a) Any employee having Section 2. Once any Union or local representative has notified an Employer representative of a grievance, the Employer will not attempt to settle the matter with the individual employee or one designated member of employees involved. Section 3. All grievances shall be reduced to writing, and shall be provided to the Employer. Grievances shall be held at a group having a grievance, time and place mutually agreeable to the parties in accordance to the steps outlined below. The Xxxxxxx shall first take clearly and concisely state all facts which constitute the basis for the grievance up with and shall specify any Article or Section of the Chief Engineer, who will attempt to adjust itAgreement which may be involved. Section 4. For a discipline grievance to be valid, it must be presented to an Employer representative in writing, as described in Section 3, within thirty (b30) Any employee may request calendar days after notice is given to the Chief Engineer union. For non-disciplinary grievances to call be valid, they must be presented to the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievanceEmployer representative in writing as described in Section 3, the Chief Engineer will notify the Committeeperson within thirty (30) calendar days of the employee's request and will make arrangements for events giving rise to the Committeeperson grievance. A grievance alleging discharge without just cause or grievances concerning layoffs due to be present when a reduction in the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it work force shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working business days of the date Union’s receipt of filing written notice (certified mail to Local President or Business Agent) of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director discharge or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives notice of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, layoff and shall be permitted an interview with submitted at Step 1 of this procedure. The Employer shall provide notice of all formal disciplines to the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing Chief Xxxxxxx within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelvefourteen

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between 10.1 It is the parties mutual desire of the Parties hereto that complaints of permanent employees shall be dealt with adjusted as speedily and effectively quickly as possible possible. Such complaints shall be acted upon in accordance with the following procedure. (a) Any employee having manner and sequence. In this Article a grievance, or one designated member grievance shall consist of a group having dispute concerning interpretation and application of the terms of this Agreement. If any question arises as to whether a grievanceparticular dispute is or is not a grievance within the meaning of this Agreement the question may be taken up through the following steps of the Grievance Procedure and determined if necessary by Arbitration. In all of the steps where time limits are named as days only, shall it is agreed that Saturdays, Sundays and paid Specified Holidays except Floater Holidays are excluded. It is understood that a permanent employee has no grievance until they have first take given their Supervisor or Designate, as the grievance up with case may be, an opportunity of adjusting their complaint. In discussing such complaint, the Chief Engineer, who will attempt to adjust it. (b) Any permanent employee or the Corporation may request the Chief Engineer to call the Committeeperson to handle presence of a specified grievance Union representative. Such complaint shall be discussed with the Chief Engineer. Without further discussion of this grievanceSupervisor or Designate, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working daysdays after the circumstances giving rise to the complaint having occurred, and failing settlement, it shall may then be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render taken up as a written decision grievance within five (5) working days after this presentation following communication of the decision to the employee (and union representative as may be applicable) of the Supervisor or Designate. The aggrieved permanent employee shall submit their grievance in writing to the Local Chairperson. If the Grievance Committee of the Union considers the grievance to be justified, the permanent employee(s) concerned, together with the Grievance Committee, shall first seek to settle the dispute at a meeting with the Director of Fleet or Designate. The written grievance signed by the aggrieved permanent employee(s) must contain the nature of the grievance, unless an extension the remedy sought and the section or sections of such time is mutually agreed the Agreement which are alleged to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such have been violated. The Director of Fleet or Designate will deliver their decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing following the appeal. 7.05 At any meeting with day on which the Personnel grievance is presented to them. The Director of Fleet or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives Designate will also distribute copies of the Union. 7.06 Management may have present at any meeting with original grievance and their answer to the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge Supervisor concerned and the reason thereforeGeneral Manager concerned. Failing settlement - then Step 3 may be invoked. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 The purpose of this Article is to establish a procedure for the resolution of all grievances arising in respect of the interpretation, application, administration or alleged violation of this Agreement. All grievances arising between the parties shall be dealt with and disposed of as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt hereinafter provided. The Parties agree that efforts should be made to adjust it. (b) Any employee may request the Chief Engineer resolve complaints through communication prior to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented resorting to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for formal grievance process. For the purpose of any necessary discussion Article 6 and filing of the grievance. The Plant Engineer shall render a written decision within five (5) 7, working days after this presentation of the grievanceexclude Saturdays, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance CommitteeSundays and Paid Holidays. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any An employee who is called for an interview concerning disciplinedesires to present a grievance shall, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action takenoccurrence concerning which is aggrieved, take the matter up with his or her Supervisor. In imposing discipline on An employee may request the Supervisor to have present a current charge, Management Committee person and the Supervisor shall send for the Committee person without undue delay. The Supervisor will not take into account any prior infractions which occurred more than be allowed one (1) year previously nor impose discipline on an employee for falsification full working day to attempt to resolve the employee’s complaint. If the matter is not adjusted by the Supervisor, a grievance may be lodged within two (2) working days, in writing, to the Service Manager. The grievance shall specify: the Articles of the employeeAgreement alleged to be violated; an outline of the issues outstanding; and, the relief sought. The Service Manager shall deal with the grievance and render his or her decision in writing to the Committee person within five (5) working days, following the day upon which he or she received the grievance. If the decision of the Service Manager is not satisfactory to the Committee person concerned, he or she may, within two (2) working days thereafter, appeal in writing through the Committee to the Service Manager. A meeting between the Committee and Management shall be held within five (5) working days after the appeal is submitted to the Service Manager unless otherwise agreed upon. At any meeting with the Management, the Union may have present the Committee Chairperson and/or the Committee person and the employee involved in the grievance under appeal, the National Representative of the Union and/or the Local Union President. The Management's employment application after a period of twelvedecision on appeals shall be rendered in writing to the Committee within three

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between 11.1 No nurse may be considered to have a grievance until it has been discussed with her immediate supervisor. 11.2 The employee must first discuss the parties shall be dealt with as speedily and effectively as possible in accordance grievance with the following supervisor prior to submitting the grievance in writing. Failing satisfactory resolution of the grievance the employee shall proceed to Step 1. An employee is entitled to the assistance of a union representative at any step in the grievance procedure. (a) Any employee having a grievance, or one designated member of a group having a grievance, Step 1 The grievance shall first take the grievance up with the Chief Engineer, who will attempt be presented in writing to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for immediate supervisor. A decision shall be given to the Committeeperson employee concerned, in writing, within five (5) working days or any longer period which may be mutually agreed upon. If the settlement is not satisfactory, the next step in the grievance procedure may be taken within five (5) working days thereafter. Step 2 The grievance shall be presented in writing to the employee's department head. A decision is to be present when given in writing within five (5) working days or any longer period which may be mutually agreed upon, and if the settlement is not satisfactory the next step in the grievance is next discussedprocedure may be taken within five (5) working days thereafter. (c) If the Step 3 The grievance is not adjusted satisfactorily, it shall be reduced presented in writing to writing and signed by the employee or group representative concerned, and the Chief Engineer Medical Officer of Health who shall render a decision in writing within two five (25) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee days or the group representative concerned any longer period which may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievancemutually agreed upon. The Plant Engineer shall render a written decision Should no satisfactory settlement be reached within five (5) working days after this presentation days, the matter may be referred to arbitration as set out in Article 11.4. 11.3 A complaint or grievance arising directly between the Employer and the Association concerning the interpretation, application or alleged violation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned Agreement shall be represented by originated at Step #3 of the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative Procedure within ten fifteen (1015) working days following the circumstances giving rise to the complaint or grievance. 11.4 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the date parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of filing its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the written appealfirst party’s appointee to the arbitration board. A written decision The recipient of the notice shall be rendered within five (5) working days after hearing inform the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives other party of the Union. 7.06 Management may have present at any meeting with name of its appointee to the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permitarbitration board. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason thereforetwo (2) appointees so selected shall, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one five (15) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification appointment of the employee's employment application after second of them, appoint a period third person who shall be the Chairman. If the recipient of twelvethe notice fails to appoint an arbitrator, or if the two (2) appointees fail to agree upon a Chairman within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of the majority is the decision of the arbitration board, but if there is no majority, the decision of the Chairman governs. 11.5 The Arbitration Board shall not have any authority to alter or change any of the provisions of this Agreement or to substitute any new provisions in lieu thereof or to give any decision contrary to the express intent or terms and conditions of this Agreement, or in any way modify, add to or detract from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the arbitration board, and will share equally the fees and disbursements of the Chairman. 11.6 In the event a nurse is discharged and it is considered an injustice has been done, the matter may be taken up by the Association as a grievance at Step No. 3 of the grievance procedure. 11.7 Notwithstanding any other provisions of this Agreement grievances may be settled by confirming the Employer’s action or by any other arrangement which is just and equitable in the opinion of the parties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having a grievancedispute as defined in the Labour Relations Code with respect to any matter not covered by the terms of this agreement shall, or one designated member during the term of a group having a grievancethis agreement, shall be subject to Collective Bargaining between the parties hereto, it being understood that the bargaining representatives of the Association may meet in the first take the grievance up instance with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforeConstable. (b) The employee parties agree to make all reasonable efforts to resolve complaints arising in the workplace through discussion with the appropriate supervisor or between the parties at the Labour Management Committee. Such discussions do not constitute a formal part of the grievance procedure. (c) Any differences concerning the interpretation, application, or operation of this agreement, or concerning alleged violation of this agreement, shall be finally and conclusively settled without stoppage of work in the following manner: (i) Step One - The grievance shall be submitted in writing to the appropriate Branch Manager within twenty one (21) calendar days following the occurrence giving rise to the grievance or, within twenty one (21) days from the time the grievor or their agent should reasonably have known of the occurrence. The Branch Manager will arrange for the member, the appropriate manager or supervisor to meet and attempt resolution. The member may be tendered accompanied by an APA representative. (ii) Should the Branch Manager be unable to settle the matter within twenty one (21) calendar days, the grievance shall be submitted to the Chief Constable. (iii) Step Two - Should the Chief Constable be unable to resolve the grievance within twenty one (21) days the grievance shall be submitted to the Employer. (iv) Step Three - The Employer and the aggrieved member, the Grievance Committee of the Association and/or the Bargaining Representatives of the Association shall meet within twenty one (21) days of receipt of the grievance from the Chief Constable and make every effort to resolve the grievance. (v) Step Four - Should no resolution be reached under paragraph (iv) within twenty one (21) days, or within such further period as may be agreed upon, the party pursuing the grievance shall notify the other party in writing of: (a) Its intention to submit the matter in dispute to a copy single arbitrator to be agreed upon by both parties; should the other party not agree to submit the dispute to a single arbitrator, each party shall have seven days to name its appointee pursuant to (b) below; (b) The name of any warningits appointee to an arbitration board; within seven (7) days thereafter the other party shall indicate the name of its appointee to the arbitration board; the two (2) appointees shall then confer to select an impartial chairperson. (vi) If the recipient of the notice to pursue the grievance fails to concur in the appointment of a single arbitrator, reprimandor the two (2) appointees fail to agree on a chairperson within seven (7) days of their appointment, suspension the appointment of a single arbitrator or disciplinary layoff entered chairman, as the case may be, shall be made by the Minister of Labour of British Columbia. The finding of the single arbitrator or arbitration board shall be final and binding on the employee's personnel record within three (3) working days of parties to the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelveCollective Agreement and all other persons bound by it.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties Section 1. A grievance, under this Agreement, shall be dealt de- fined as a claim of an employee, or the Local Union, covered by the Agreement, which involves the interpretation, admin- istration of, or compliance with as speedily and effectively as possible in accordance with the following procedurea specific provision of this Agreement. (a) Any employee having Section 2. Once any Union or local representative has noti- fied an Employer representative of a grievance, the Employer will not attempt to settle the matter with the individual em- ployee or one designated member of employees involved. Section 3. All grievances shall be reduced to writing, and shall be provided to the Employer. Grievances shall be held at a group having a grievancetime and place mutually agreeable to the parties in accor- dance to the steps outlined below. The Xxxxxxx shall clearly and concisely state all facts, shall first take which constitute the basis for the grievance up with and shall specify any Article or Section of the Chief EngineerAgree- ment, who will attempt to adjust itwhich may be involved. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle Section 4. For a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when treated as a valid one, it must be presented to an Employer representative in writing, as de- scribed in Section 3, within sixty (60) calendar days after the event or events giving rise to the grievance is next discussed. (c) If occurred. A griev- ance alleging discharge without just cause or grievances con- cerning layoffs due to a reduction in the grievance is not adjusted satisfactorily, it work force shall be reduced to writing within five (5) business days of the Union’s receipt of written notice (Certified Mail to Local President or Business Agent) of the discharge or notice of layoff and signed shall be submitted at Step 1 of this procedure. Section 5. Any time limit imposed upon the handling of griev- ances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days. Section 6. At any time prior to the first step, the Union repre- sentative may, at their option, elect to resolve a grievance by Step 1: Grievances shall be presented in writing to the Director of Human Resources and the Head of the Department, or designee (i.e. Employee’s Direct Supervisor), at the appropriate site. The matter shall be discussed by the employee Department Head, or group representative concerneddesignee (Employee’s Direct Supervisor), and with not more than one (1) Union Xxxxxxx or Union designee, within seven (7) calendar days of receipt by the Chief Engineer Head of the Department of the grievance. The Department Head, or designee (Employee’s Direct Supervisor), shall render a decision in writing within two (2) working days. 7.03 If to the grievance is not adjusted satisfactorily Union Xxxxxxx within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working calendar days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appealStep 1 discus- sion. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 14.1 For the purpose of this Agreement, the term "grievance" means any dispute between the parties City and the Union, or between the City and any employee concerning the interpretation, claim of breach, or violation of this Agreement, and the term "management" shall include the City and any of its supervisory personnel. The City and the Union encourage the use of the Early Mediation Process prior to issues becoming the subject of grievances. Participation in the process is entirely voluntary, confidential and does not impact grievance rights. Any alleged grievance shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance taken up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing with his/her supervisor within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours calendar days of reasonable knowledge of the fact occurrence, except for grievances relating to discipline which shall be filed within ten (10) calendar days of receipt of written reprimandnotification of final disciplinary action by the Chief of the Fire Department. The above participants agree to make every effort to settle the grievance at this stage promptly; however, suspensionif no satisfactory settlement is reached, the following procedure shall apply: 14.2.1 Grievances shall be submitted at the Step in which there is authority to adjudicate such grievance as provided for in the Article. Step 1 The grievance shall be reduced to written form by the aggrieved employee and/or Union, stating the section of the Agreement violated and explaining the grievance in detail. The Station Xxxxxxx or Union Representative shall present the written grievance to the employee’s supervisor within ten (10) calendar days after the alleged grievance is taken up by the employee with his/her supervisor, who shall transmit the written grievance to the next higher level supervisor. This supervisor shall convene a meeting within ten (10) calendar days after receipt of the written grievance, between the Station Xxxxxxx, Union Representative, aggrieved employee, together with the relevant supervisors, and any other witnesses and/or members of management whose presence is deemed necessary to a fair consideration of the grievance. Step 2 If a grievance remains unresolved after the written decision is delivered in Step 1 or if the grievance is initially submitted at Step 2 per Section 14.2.1, it shall be transmitted in writing by the aggrieved employee and/or Union involved to the Chief of the Fire Department with a copy to the Director of a. Nature of dispute b. Contract provision(s) allegedly violated c. Remedy sought The Chief of the Fire Department shall not be required to consider a grievance which is not referred to him/her within ten (10) calendar days following the Step 1 decision or if the grievance was initially submitted at Step 2, within (24) calendar days following an alleged violation not related to discipline. A grievance properly filed shall be investigated by the Chief of the Department and/or the Director of Labor Relations or their respective designees. Such investigation, if deemed appropriate by the Chief of the Fire Department, may include a conference with the employee involved and his/her Union representative, if he/she has designated one. The Director of Labor Relations or his/her designee may thereafter make a confidential recommendation to the Chief of the Fire Department. The Chief of the Department shall make a decision on the matter in writing via certified mail within ten (10) calendar days from the date when it was first received by him/her; provided, however, the Chief of the Department may waive investigating and answering the grievance at Step 2 and defer a decision to Step 3 within ten (10) calendar days of receipt of the grievance. Copies of the Chief's decision shall be furnished to the aggrieved, his/her Union representative and the Director of Labor Relations. 2 may be transmitted in writing to the Director of Labor Relations by the aggrieved employee and/or Union, requesting a review by the Grievance Board, or discharge and submitted to Step 4 as provided in this Article. The Grievance Board shall not be required to consider a grievance which is not referred to the reason therefore. Director of Labor Relations within ten (b10) The employee will be tendered a copy calendar days following receipt of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days written notification of the action takenStep 2 decision. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification The Director of Labor Relations or his/her designee listed below shall convene the employee's employment application after a period of twelveGrievance Board within ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All 10.01 Any individual employee, group of employees, the Union or the Employer shall have the right at any time to present grievances arising between under the parties shall procedure outlined in this Agreement. Grievances must be dealt filed within ten (10) working days of becoming aware of the occurrence and are to be submitted in writing, outlining the reason, date of occurrence along with as speedily any additional pertinent information. 10.02 The following steps constitute the recognized grievance procedure under this Agreement: REPRESENTING REPRESENTING STEP THE EMPLOYEE THE EMPLOYER (1) Xxxxxxx and effectively as possible in accordance with Aggrieved Designated Person (2) Grievance Committee (3) Union Representative Management Committee (4) Mediation (5) Arbitration 01. By mutual agreement, steps one (1), two (2) and/or three (3) of the following procedureGrievance procedure may be waived. (a) Any employee having a grievance, or Decisions on step one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b1) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision rendered in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessarygrievance was filed. 7.04 If (b) Failing satisfactory settlement at step one (1), the grievance is not adjusted by the Plant Engineer, such Grievance Committee shall meet. A decision may shall be appealed rendered in writing within ten (10) working days, days after notification in writing to that the Personnel Director or step one (1) decision is appealed. (c) Failing settlement at step two (2) the designated representative, before whom the employee or group representative concerned step three (3) representatives shall meet and a decision shall be represented by rendered in writing within ten (10) working days after notification in writing that the Grievance Committee. The matter shall be heard between step two (2) decision is appealed. (d) Grievances not appealed to a subsequent step of the Grievance Committee and the Personnel Director or the designated representative grievance procedure within ten (10) working days of a decision in writing shall be deemed settled on the date of filing basis of the written appeal. A written decision shall be rendered within five (5) working days after hearing in the appeallast step to which the grievance was carried. 7.05 At any meeting with (e) Procedures covering steps one (1), two (2), and three (3) may be extended by mutual agreement between the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance Employer and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting (f) In regard to the terms "decision" and "notification" it is the responsibility of the grieving party to give "notification" and the responsibility of the other party to render the "decision". 10.04 Persons involved with the first step of the grievance procedure cannot be considered as nominees to the Grievance Committee. 10.05 The Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing composed of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) representatives of the Union and three (3) representatives of the Employer. It shall be the responsibility of each party to notify the other of the names of the representatives. The Grievance Committee shall not enter into any agreement affecting policy. 10.06 Failing satisfactory settlement through the first three steps of the grievance procedure process, the Employer and the Union agree to apply for the services of the Federal Mediation and Conciliation Service for step four (4) within ten (10) working days. The Employer and the Union shall work together to expedite resolution through mediation. 10.07 In the event of arbitration, the arbitrator shall be selected from the following panel of arbitrators, on a rotational basis. If an arbitrator selected to hear and determine a dispute is unable to schedule a hearing to occur within thirty (30) days of the action takendate of his/her selection, the dispute shall be reassigned to the next arbitrator in rotation. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification The members of the employee's employment application after panel of arbitration are: i. Xxxx Xxxxxx ii. Xxxxxx Xxxxxxx iii. Xxxx Xxxxxx xx. Xxxxx Xxxxxx In the event none of the above arbitrators is available to process the grievance within the stipulated thirty (30) day period, the Federal Mediation & Conciliation Service will be asked to appoint an arbitrator. 10.08 The findings of the arbitrator shall be final and binding on both the Employer and the Union. The arbitrator is not authorized to alter, modify or amend any part of this Agreement. 10.09 The arbitrator shall devote such time as is necessary to discharge his/her duties and responsibilities and shall be paid at a period of twelverate and upon a basis to be agreed upon between the arbitrator, the Employer and the Union. Fees and expenses incurred by the arbitrator shall be borne equally by the Union and the Employer.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All In the event a dispute arises concerning the application or interpretation of the specific provisions of this agreement, the Union may initiate grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure.manner: (aA) Any employee having The Union shall submit to the Employer a grievancewritten statement concerning the nature of the allegation, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion specific provision of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson agreement alleged to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concernedhave been violated, and the Chief Engineer shall render a decision remedy requested. Any dispute which may arise must be submitted to the Employer in writing within two forty-five (245) working daysdays of the date that such violation is alleged to have occurred or further appeal rights will be lost. 7.03 If the grievance is not adjusted satisfactorily within seven (7B) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within Within ten (10) working days of the date of filing of the written appealgrievance, the Employer and the Union shall meet for the purposes of determining the nature of the dispute, the position of the parties, and suggested remedies. A written decision The purpose of the meeting shall be rendered to resolve or settle the dispute. C) In the event the meeting does not resolve the dispute, the Employer shall forward to the Union within five ten (510) working days after hearing its position and decision in the appealmatter, which shall be binding to both parties if not protested by the Union in an additional ten (10 days). 7.05 At any meeting D) In the event the Union does not agree with the Personnel Director or Employer's final position, it must submit to the designated representativeEmployer its position, notifying at the same time the Employer and the Federal Mediation and Conciliation Service that without resolution of the pending dispute the Union will exercise its right to strike within fifteen (15) days. The date the strike is expected to commence will be included in the transmittal letter which shall be sent via certified mail. E) The Employer and the Union shall meet within fifteen (15) days period under the auspices of the Federal Mediator. If the Union and the Employer cannot settle the dispute, the Grievance Committee Union may have present any employee affected exercise its right to strike on the date set forth in the Grievance and any duly accredited representative or representatives notice to the Federal Mediator, provided if the Union does not strike on that date the grievance will be deemed to be settled on the basis of the Unionemployer's last written position. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (bF) The employee will time limits set forth herein may be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on extended only by specific written agreement between the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelveparties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 11.01 Should any difference (hereinafter call a "grievance") arise between the parties Employer and any Employee as to the interpretation, application, administration or alleged violation of this Agreement, an xxxxxxx effort to settle such grievance without undue delay shall be dealt with as speedily made in the following manner. Any Employee covered under this Collective Agreement shall be advised that they have the right to Union representation when any formal disciplinary warning is to be added to the Employee's file and effectively as possible in accordance when, discharge, suspension, or demotion is imposed on that employee. Step 1 An aggrieved Employee shall first submit the problem for a verbal discussion with the following procedureimmediate Supervisor concerned. The Supervisor concerned may have the assistance of the Director of Human Resources or designate and the Employee shall have the assistance of the Xxxxxxx for such verbal discussion. No grievance shall be considered where the events giving rise to it occurred or originated (and the Employee became or ought to become aware of such occurrence or origination) more than five (5) working days before lodging of the verbal grievance. (a) Any employee having a grievance, or one designated member Step 2 Failing satisfactory resolution of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. at Step 1 within five (b5) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievanceworking days, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall may be reduced to writing and the Union Grievance Committee may, within a further ten (10) working days, submit the grievance to Step 2. The written grievance shall contain a concise statement of the facts complained of and the redress sought and it shall be signed by the employee or group representative concernedEmployee and the Xxxxxxx. Within a further ten (10) working days, a meeting shall be held with the Union Grievance Committee, the Grievor, the Xxxxxxx, and the Chief Engineer shall render Management Grievance Committee comprised of a decision in writing within Human Resources Services representative, the City Manager or designate, and up to two (2) working days. 7.03 If additional Employer members. The Supervisor of the grievance department concerned may also attend, but is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer part of the Power House concerned, before whom the employee Management Grievance Committee. The City Manager or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing designate shall give a decision on behalf of the grievance. The Plant Engineer shall render a written decision Committee within five (5) working days after this presentation of the grievancemeeting. In the event that the City Manager or designate is unable to satisfactorily adjust the grievance and after a delay of five (5) working days, unless an extension resort may be had to arbitration as provided under Article 12 of such time is this Collective Agreement. In the event that a mutually agreed solution is arrived at by both parties at any one of the above steps in the grievance procedure such agreement and the provisions therein shall be forwarded to be necessarythe Director of Human Resources Services or designate for the necessary adjustment and resolution. 7.04 11.02 Referral to Arbitration If final settlement of the grievance is not adjusted by the Plant Engineerreached at Step 2 above, such decision it may be appealed referred to arbitration by either party as provided in Article 12 or in accordance with the Labour Relations Act. If arbitration is not filed by either party within ten twenty (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (1020) working days of the date of filing expiry of the written appeal. A written decision shall be rendered within five (5) working days after hearing day waiting period following Step 2, the appealgrievance shall be deemed abandoned, notwithstanding of the Labour Relations Act. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives 11.03 Where notification of arbitration has been filed by one of the Union. 7.06 Management parties under Article 11.02, but prior to the appointment of an Arbitrator, either party may have present at any meeting with seek the Grievance Committee any employee affected services of a Mediator to assist in resolving the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson matter to represent the employee during such interviewbe arbitrated. It is understood agreed that the interview will processing of the matter to mediation must be scheduled as circumstances permitwith the written agreement of both parties, and both parties must agree to the selection of the Mediator. The Chief Engineer parties shall share equally in the expense of the Mediator. 11.04 Within the terms of the Grievance Procedure, a working day shall be defined as a day other than Saturday, Sunday or paid Holiday. 11.05 The Employer representation on grievances shall consist of such persons as are appointed by the Employer from time to time. 11.06 The Union recognizes that each Xxxxxxx is permanently employed by the Employer and that the Xxxxxxx will send not leave their work during working hours except to perform their duties under this Agreement. Therefore, no Xxxxxxx shall leave their work without obtaining the permission of their Supervisor, which permission shall not be unreasonably withheld. The Employer agrees that when leave for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall purpose outlined herein is to be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or notgranted, the Committeeperson Xxxxxxx(s) requesting the leave will be advised in writing within one four (14) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and time the reason therefore. (b) The employee will request was made as to when such leave may be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management This will not take into account any prior infractions which occurred more restrict supervision from providing such advice earlier than one the four (14) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelvehours when possible to do so.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between A. A grievance is a claim by a unit member or the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedureAssociation that there has been a violation, misinterpretation, or inequitable application of any practice, policy or provision of this agreement. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall B. The grievant will first take the matter up informally and in writing with his/her immediate supervisor. The grievant may be accompanied by a representative of his/her choice. Such informal contact must be made within twenty (20) workdays of the event or occurrence giving rise to the claimed grievance. Within five (5) work days after written grievance up is presented to the supervisor, he or she shall without any further consultation with the Chief Engineeraggrieved party or any part in interest, who will attempt render a decision thereon, in writing, and present it to adjust itthe unit member. (b) Any employee may request X. After the Chief Engineer to call supervisor's written response, and if the Committeeperson to handle a specified unit member still feels the grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when meritorious, it must be presented in writing to the grievance is Superintendent of Schools within the next discussed15 work-day period. (c) D. If the grievance is not adjusted satisfactorilyresolved within five (5) workdays, it shall be reduced to writing and signed submitted by the employee or group representative concernedgrievant to the President of the Board of Education at the District Office within the next 10 work-day period. Within 10 workdays after the conclusion of the hearing, and the Chief Engineer Board of Education shall render a decision in writing within two (2) working dayson the grievance. 7.03 E. Since it is important to good relationships that grievances be processed as rapidly as possible, every effort will be made by all parties to expedite the process. The time limits specified for either party may be extended only by mutual agreement in writing upon notice to all parties of interest. If a decision at one stage is not appealed to the next stage of the procedure within the time limits specified, the grievance is not adjusted satisfactorily within seven (7) working days, it will be deemed to be discontinued and further appeal under this Agreement shall be presented barred. If, after the Board of Education hearing, the employee and/or Association are not satisfied with the decision rendered by the Board, the grievance may be submitted to arbitration by written notice to the Plant Engineer Board of Education within fifteen (15) work days after receiving the Board of Education's decision. F. Demand for arbitration shall be made to the American Arbitration Association in accordance with its rules and procedures. The decision of the Power House concernedarbitrator shall be final and binding upon all parties. G. In the event a grievance is filed on or after June 1, before whom upon request by or on behalf of the employee or aggrieved party, the group representative concerned time limits set forth herein will be reduced so that the grievance procedure may be represented by exhausted prior to the Committeeperson for the purpose of any necessary discussion and filing end of the grievance. The Plant Engineer school term or as soon thereafter as is possible. H. Each party shall render a written decision within five (5) working days after this presentation be responsible for costs of its own representation and presentation, and the parties shall share equally arbitrator's fees and cost of the grievance, unless an extension of such time is mutually agreed to be necessarymeeting room if any. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal.A. Salary‌ 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelveChecks:

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between The Employer and the parties Union support and subscribe to an orderly method of adjusting employee grievances. To this end, the Employer and the Union agree that an employee should first bring his problem or grievance to the attention of his immediate supervisor, with or without his xxxxxxx, who shall attempt to resolve the grievance informally. Suspensions, demotions and disciplinary actions other than dismissals shall not be a subject for the grievance procedure but shall be dealt with as speedily processed according to the procedures of the Personnel Appeal Board. Dismissals are to be heard only by an arbitrator. The list of rotating arbitrators will be canvassed to obtain the earliest available date. The arbitrator must complete the hearing and effectively as possible in accordance with render a decision within ninety (90) calendar days after termination. Employer backpay liability, if any, shall be limited to ninety (90) calendar days unless the following procedureUnion shall establish that the delay, though caused by the Employee or Employee's representative, was caused by just and reasonable cause. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) Step 1 If the grievance is not adjusted satisfactorilysettled informally, it shall be discussed with the shift ~teward and shall be reduced to writing and writing, signed by the employee or group representative concernedgrievant and submitted to his immediate supervisor. Step 2 The written grievance shall be discussed between the shift xxxxxxx and the immediate supervisor, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievanceXxxxxxx if so desired. The Plant Engineer shall render a supervisor will attempt to adjust the matter and will give his written decision within five (5) working days after this presentation (excluding Saturday, Sunday and holidays) of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing receipt of the written appealgrievance. A ) Step 3 Any grievance not settled at Step 2 may be submitted to the next meeting of the grievance committee. Any grievance not submitted to the next grievance committee meeting, by written decision shall be rendered notification to the Employer within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action takenimmediate supervisor's written decision, shall be considered dropped. In imposing discipline on a current charge, Management will Any matter not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification settled in Step 3 of the employee's employment application grievance procedure may be submitted to final and binding arbitration by either of the parties. A request for arbitration must be submitted by written notice to the other party within fifteen (15) days after a period the grievance committee meeting. Expenses for arbitration shall be borne equally by both parties. The grievances upon which arbitration has been demanded shall be referred to one of twelvethe following arbitrators in accordance with the date of the written grievance, the oldest grievance being referred first: 1. Xxxx Xxxxx 2. Xxxxxxx Xxxxxx 3. Xxxx Xxxx

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All 13.1 The parties recognise that from time to time employees may have grievances in relation to matters arising between from this Agreement which need to be resolved. 13.2 The objective of this procedure is to ensure that such grievances are resolved without unnecessary delay and that the parties principles of procedural fairness are followed. 13.3 The following procedure shall be dealt with as speedily and effectively as possible in accordance with the following procedure.apply: (a) Any The employee having a grievance, or one designated member of a group having a grievance, shall attempt in the first take instance to resolve the grievance up matter directly with the Chief Engineer, who will attempt to adjust ithis/her immediate supervisor. (b) Any If the employee may request still feels aggrieved then the Chief Engineer matter shall be referred to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson nominated representative of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussedemployer. (c) If the grievance is not adjusted satisfactorily, it still unresolved a meeting of the parties shall be reduced arranged at the request of any party. (d) It is agreed that the requirements of this clause shall, as far as is reasonably practicable, be fulfilled within seven business days from the date that the full and complete details of the grievance were notified to writing the employer. Where resolution of the grievance is not achieved within seven business days then the period may be extended to a maximum of fourteen business days or such longer period as agreed between the parties with such agreement not to be withheld unreasonably. (e) Until the grievance is determined, the employee shall continue normal work unless he or she has a reasonable concern about an imminent risk to his or her health or safety and signed must comply with a direction given by the employer to perform other available work at the same workplace or another workplace unless: (i) the work is not safe; or (ii) applicable occupational health and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction. (f) No party shall be prejudiced as to the final settlement by the continuance of work. (g) A nominated representative of the employee or group representative concerned, and employer shall be entitled to participate in any discussion(s) conducted under these provisions subject to the Chief Engineer shall render a decision in writing within two (2) working giving of three business days’ prior notice by either party or at an earlier time by mutual agreement. 7.03 (h) If the grievance is not adjusted satisfactorily within seven (7) working days, it shall settled the matter may be presented referred by either party to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson Commission for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, resolution in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting accordance with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Managementclause 15 – Dispute Resolution. (ai) Any employee who is called for an interview concerning disciplineAt any time during the grievance process, may, if the employee so desires, request parties may agree to attempt to resolve the presence matter through a process of the Committeeperson to represent the employee during such interviewmediation. It is understood that the interview The mediation process and cost associated with this process will be scheduled as circumstances permitagreed to by the parties. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson procedures under this clause will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforesuspended while a mediation process is being followed. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Victorian Early Childhood Teachers and Educators Agreement 2016

GRIEVANCE PROCEDURE. 7.01 All 11.01 The Parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances arising between the parties as quickly as possible. 11.02 No grievance shall be dealt with as speedily and effectively as possible in accordance with considered where the following procedure. circumstances giving rise to it occurred or originated more than ten (a10) Any employee having a grievance, or one designated member of a group having a grievance, shall first take calendar days before the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. 11.03 Grievances properly arising under this Agreement shall be adjusted and settled as follows: a) It is understood that prior to a grievance being submitted, the affected employee and/or the Union shall discuss the complaint with the Department Head who shall have an opportunity to adjust the complaint. Failing resolve with the Department Head the grievance shall be submitted as follows: b) The aggrieved employee shall submit his/her grievance in writing to the Union Grievance Committee. The Plant Engineer shall render Union Grievance Committee may then present the grievance in writing to the Administrator. If a written decision settlement satisfactory to the employee and/or the Grievance Committee is not reached within five (5) working days after this presentation of the grievancedays, unless an extension of such time is excluding Saturday and Sunday, or any longer period which may be mutually agreed to be necessary. 7.04 If upon, the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten presented as follows: c) The Union Grievance Committee, after having completed the procedure set forth in Step (10a) working dayshereof, in writing may then present the grievance to the Personnel Director or Manager, Human Resources for the designated representative, before whom the employee or group representative concerned County who shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative arrange a meeting within ten (10) working days of the date receipt of filing request from the Union with the appropriate Committee of Council to consider the grievance. At this step the aggrieved employee may be accompanied by a representative of the written appeal. A written decision Union if his/her presence is requested by either party. d) If final settlement of the grievance is not completed within seven (7)calendar days after deliberations have commenced between the Union Grievance Committee and the appropriate Committee of Council, and if the grievance is one which concerns the interpretation of alleged violation of the Agreement, the grievance may be referred by either party to the Board of Arbitration as provided herein at any time within 21 days thereafter, but not later. 11.04 Replies to grievances shall be rendered within five (5) working days after hearing the appealin writing at all times. 7.05 At any meeting with 11.05 Grievances settled satisfactorily within the Personnel Director time allowed shall date from the time that the grievance was filed. 11.06 The Corporation shall supply the necessary facilities for the grievance meetings. 11.07 Where dispute involving a question of general application or interpretation occurs or where a group of employees or the designated representativeUnion has a grievance, such a question or grievance may be directly submitted to the appropriate Committee of Council for consideration and any prior steps of the Grievance Committee Procedure may have present any employee affected be bypassed. 11.08 The time limits set forth in the Grievance Procedure may be extended at any time upon the mutual agreement of the Corporation and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any The Company acknowledges the right of the Union to appoint or otherwise select a grievance committee of up to two (2) employees and the Local Chairperson. Only members of the grievance committee and the employee having or employees concerned may appear to process a grievance, except in the case of the dispute involving a question of the general application or one designated member the interpretation of a group having a grievance, shall first take the Agreement when only the grievance up with committee shall process the Chief Engineer, who will attempt to adjust itgrievance. (b) Any employee may request The Company will not be required to consider any grievance which is not presented within (10) working days after the Chief Engineer to call griever or the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson Union first became aware of the employee's request and will make arrangements for alleged violation of the Committeeperson to be present when the grievance is next discussedAgreement. (c) If final settlement of the grievance is not adjusted satisfactorilyreached at Step three, it shall then the grievance may be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision referred in writing by either party to Arbitration as provided in Article 7- Arbitration within two fifteen (215) working daysdays after the receipt of the response to the Step three procedure. 7.03 If (d) When two or more employees wish to file a grievance rising from the same alleged violation. of this Agreement, such grievance is not adjusted satisfactorily within seven (7) working days, it shall may be handled as a group grievance and presented to the Plant Engineer Company beginning at Step two of the Power House concernedgrievance procedure. (e) The Union and the Company shall have the right to initiate a policy grievance at Step three of the grievance procedure, before whom and all provisions of the employee or the group representative concerned grievance and arbitration procedures shall apply to such grievances. (f) The time allowances provided in this Article may be represented extended by mutual agreement between the parties in writing. If the time allowance or any extension therefore, is not observed by the Committeeperson for party who it has alleged has violated the purpose of any necessary discussion and filing Agreement, the grievance will be considered as advanced to the next step of the grievance procedure including arbitration, (g) A claim by an employee that he\she has been discharged or suspended without just cause shall be a proper subject for a grievance. The Plant Engineer shall render , if a written decision within five statement of such grievance is lodged at Step three (53) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative procedure within ten (10) working days after the employee receives notice that he\she has ceased to work for the Company or returns to work after a suspension as the case may be, (h) When an employee has been suspended or dismissed, the Union will be notified concurrently with any disciplinary action being taken. (i) Disciplinary notices which form part of the employee's record shall be withdrawn from the employee's file after eighteen (18) months from date of filing issue except in cases of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appealinnocent absenteeism. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected (j) The Company agrees that persons who are required to take part in the Grievance and any duly accredited representative or representatives grievance meetings shall not suffer loss of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected pay for time spent in the grievance under consideration and/or any members of Managementsuch meetings. (a) Any employee who it is called for an interview concerning discipline, may, if the employee so desires, request the presence mutual desire of the Committeeperson to represent the employee during such interview. It is understood parties hereto that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay any alleged violation of this Agreement, including its application and without further discussion of the matter. Any employee who has been suspended or discharged interpretation, shall be advised in writing of settled as quickly and reasonably as possible, using the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore.following procedure: (b) Step 1: The aggrieved employee shall, within ten (10) working days after the grievance first arises, discuss the problem with his\her supervisor, and failing a resolution, submit the grievance in writing with assistance from his/her Union Xxxxxxx, should the employee so request, to the Chairperson of the Union Grievance Committee, and shall affix his\her signature. If the supervisor fails to respond within forty eight (48) hours the grievance will automatically move to Step 2 of the grievance procedure, (c) Step 2: If the Grievance Committee of the Union considers the grievance to be tendered a copy of any warningjustified, reprimandthe griever(s) concerned, suspension together with Grievance Committee (or disciplinary layoff entered on part thereof) submit the employee's personnel record grievance in writing to the Superintendent or Manager within three (3) working days of the action takenresponse to Step 1. In imposing discipline on The Superintendent or Manager shall respond to the grievance within three (3) working days of receiving it. (d) Step 3: If necessary, the grievance will be submitted to the Manager of Manufacturing or the Sales\Marketing Manager within a current chargefurther three (3) working days and a meeting shall be convened with the griever(s) and the Union Grievance Committee, Management the Field Staff Representative and the appropriate members of management in a further attempt to resolve the grievance. The Manager will not take into account any prior infractions which occurred more than one respond within three (13) year previously nor impose discipline on an employee for falsification of working days in writing to the employee's employment application after a period of twelveUnion.

Appears in 1 contract

Samples: Collective Agreement (Graham Field Health Products Inc)

GRIEVANCE PROCEDURE. 7.01 All 4.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. 4.02 An employee/pieceworker who has a grievance/complaint shall discuss the matter with his xxxxxxx and may be accompanied by his Xxxxxxx or Union Representative 4.03 Grievances properly arising between the parties under this Agreement shall be dealt with adjusted and settled as speedily and effectively as possible in accordance with follows: Within ten (10) days after the following procedure. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take circumstances giving rise to the grievance up with the Chief Engineeroccurred or originated, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievancebut not thereafter, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented Employer in writing by the Committeeperson for aggrieved employee, and the purpose of any necessary discussion and filing of the grievance. The Plant Engineer parties shall render a written decision meet within five (5) working days after this presentation of in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five (5) days of this meeting, unless an extension of such time is mutually agreed to be necessary. 7.04 If and if the grievance is not adjusted by one which concerns the Plant Engineerinterpretation or alleged violation of the Agreement, such decision the grievance may be appealed submitted to arbitration as provided in Article 5 below, at any time within ten (10) days thereafter, but not later. 4.04 Grievances dealing with alleged violation of hours of work, rates of pay, overtime, travelling expenses, welfare, pension and dues, classification assignment or where the grievor’s inclusion in the bargaining unit is in dispute, may be brought forward within thirty (30) working daysdays of such alleged violation except in the case of any grievances concerning remittances which are required to be made under the terms of this Collective Agreement, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall which may be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative brought forward within ten thirty (1030) working days of the date of filing Union becoming aware of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interviewviolation. It is further understood that such grievance may be retroactive to the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion first day of the matteralleged violation. Any employee who has been suspended or discharged It shall be advised in writing clearly understood that all written grievances must be specific, and are to include: - name of employee or pieceworker with grievance; - job name and location; - nature of violation (specific section of the reason thereforeagreement), and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforeremedy sought. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between The Contractor, Subcontractors, Committee, Signatory Unions, and the parties shall be dealt with as speedily Employees, collectively and effectively as possible individually, acknowledge the importance to all Parties to maintain continuous and uninterrupted performance of the work of the Project, and agree to resolve disputes in accordance with the following proceduregrievance-arbitration provisions set forth in this Article. When a Signatory Union and Employer have a collective bargaining agreement, they may mutually agree to use the grievance procedure contained in said collective bargaining agreement. (a) Any When any union employee having a grievance, or one designated member of a group having a grievance, shall first take subject to the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion provisions of this grievanceAgreement feels he or she is aggrieved by a violation of this Agreement, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorilyhe or she, it shall be reduced to writing and signed by the employee through his or group her local union business representative concernedor job xxxxxxx shall, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working business days after this presentation the occurrence of the grievanceviolation, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing give notice to the Personnel Director work-site representative of the Contractor or the designated representative, before whom involved Subcontractor stating the employee or group representative concerned shall be represented by the Grievance Committeeprovision(s) alleged to have been violated. The matter shall be heard between business representative of the Grievance Committee Signatory Union or the job xxxxxxx and the Personnel Director or the designated work-site representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge involved Subcontractor and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on Contractor shall meet and endeavor to address the employee's personnel record matter within three (3) working days after timely notice has been given. The representative of the action takenSubcontractor shall keep the meeting minutes and shall respond to the Union representative in writing (copying the Contractor) at the conclusion of the meeting but not later than the close of the following business day. In imposing discipline If they fail to resolve the matter within the prescribed period, the grieving party may, within two (2) business days thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated. Should the Signatory Union(s) or the Contractor or any Subcontractor have a current chargedispute with the other party and, Management if after conferring, a settlement is not reached within three (3) business days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint. (b) When any Open Shop DBE non-referred employee subject to the provisions of this Agreement feels he or she is aggrieved by a violation of this Agreement, he or she, within a reasonable time after the occurrence of the violation, with the aid of the Committee if the employee elects to do so per Article 2.2F(d), will give notice to his or her Employer stating the provision(s) alleged to have been violated .The Committee shall meet and endeavor to address the matter within three (3) business days after timely notice has been given. The representative of the Subcontractor shall keep the meeting minutes and shall respond to the Committee in writing (copying the Contractor) at the conclusion of the meeting but not take into account later than the close of the following business day. If they fail to resolve the matter within the prescribed period, the grieving party may, within two (2) business thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated. Should the Committee or the Contractor or any prior infractions Subcontractor have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint. Step 2. If the grievance has not been settled under Step 1, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The involved grievant and charged party or their representatives shall attempt mutually to select an arbitrator, but if they are unable to do so within three (3) business days, they shall request the American Arbitration Association to provide them with a list of arbitrators from which occurred more than the Arbitrator shall be selected. The grieving party shall strike the first name, the other party shall then strike one (1) year previously nor impose discipline on an employee for falsification name, and the process shall be repeated until the arbitrator is selected, to be completed within three (3) business days of receiving a list. The rules of the American Arbitration Association shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally by the involved parties and, in the case of a grievance filed by an Open Shop DBE non-referred employee's employment application after a period , as feasible with available 1% funds, as described in Section 10.1 (f) for that employee’s share. Failure of twelvethe grieving party to adhere to the time limits established herein shall render the grievance, waived, null and void. Failure of the charged party to adhere to the time limits established herein shall render all defenses to the grievance waived, null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement. The Contractor and the Owner shall be notified of all actions at Step 2 and shall, upon their request, be permitted to participate in all proceedings at these steps.

Appears in 1 contract

Samples: Community Benefits Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising A. Any grievance or dispute which may arise between the parties concerning the meaning, application or interpretation of this Agreement, and disputes as to wages, hours and working conditions, shall be dealt with as speedily and effectively as possible settled in accordance with the following procedure.manner: (a) Any employee having Step 1. The parties recognize informal resolution of grievances at the lowest possible level of supervision as desirable and herein encouraged. In the event that an officer or the Association believes there is a basis for a grievance, the officer or one designated member of a group having a grievance, Association representatives shall first take discuss the alleged grievance with his immediate supervisor. If after an informal discussion with the immediate supervisor the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievancehas not been settled, the Chief Engineer will notify officer or the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when Association may reduce the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed the written grievance shall be presented by the employee or group representative concerned, and Association represen- tative to the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily of Police within seven (7) working dayscalendar days of the alleged occurrence. It shall name the employee(s) involved, it shall be presented state the facts giving rise to the Plant Engineer grievance, shall identify the alleged violation, shall state the contention of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievanceAssociation, shall indicate the relief requested. Step 2. The Plant Engineer shall render a written decision within five Within seven (57) working calendar days after this presentation of receipt of the grievance, unless an extension the Chief shall respond to the grievance in writing or resolve the grievance to the satis- faction of such time is mutually agreed to be necessary. 7.04 the Association. If the grievance Association is not adjusted satisfied with the disposition of the grievance or if no disposition has been made by the Plant EngineerChief of Police within seven (7) calendar days, such decision the grievance may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance CommitteeDirector. The matter shall be heard between the Grievance Committee and the Personnel Director or shall within seven (7) calendar days of the designated representative receipt of said grievance, respond to the grievance and render his written disposition of said grievance. Step 4. If the Union is not satisfied with the disposition of the grievance at the Step 3 level, the Union may, within ten fifteen (1015) working calendar days of the date of filing the receipt of the written appealdisposition, whichever is the earliest, invoke arbitration by sending to the other party written notice of the intention to arbitrate the grievance. A written decision The arbitration proceedings shall be rendered within five (5) working days after hearing conducted by an arbitrator to be selected by the appealCity and the Association. If the parties cannot agree as to the Arbitrator, he/she shall be selected in accordance with the recommended rules of the Federal Mediation and Conciliation Service. The decision of the arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement or any supplement or amendment thereto or to go beyond the scope of the grievance as filed in writing. Expenses for the arbitrator's services shall be borne equally by the parties. All other expenses shall be borne by the parties incurring them. 7.05 At B. Any grievance not appealed from a decision in one of the steps of the grievance procedure to the next step as hereinbefore described shall be considered dropped and the last decision final and binding, except that time limits may be extended by mutual written agreement of the parties. C. Notification within a reasonable time shall be given to the Association of any meeting with disciplinary action taken against any officer which may result in official D. The City agrees that it will continue to regard all personnel files as confidential records to be kept under direct control of the Personnel Director or Director, and no unauthorized person shall be allowed to see an officer's file without his prior written consent. E. The City agrees to furnish to the designated representativeAssociation in response to reasonable requests, information which may be necessary for the Association to process any grievance. F. The Association shall have the right, through it Executive Board, to file a grievance if the Association believes that an alleged violation affects the members of the entire bargaining unit. In such a case, the Grievance Committee may have present any employee affected in Association shall be deemed to be the Grievance and any duly accredited representative or representatives of the Uniongrievant. 7.06 Management may have present at any meeting with G. The Department shall make recordings of all disciplinary hearings available to the Grievance Committee any employee affected in the grievance under consideration and/or any members of ManagementUnion upon request. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between A. Any complaint by an Employee or the parties Union concerning the application and interpretation of this Agreement shall be dealt with as speedily and effectively as possible subject to the grievance procedure. Any relevant information specifically identified by the grievant or the Union in accordance with the following procedure. (a) Any employee having a grievance, possession of the Employer needed by the grievant or one designated member of a group having the Union to investigate or process a grievance, shall be provided to them upon request within seven (7) working days. The grievance shall be presented to the appropriate supervisor within twenty (20) working days after the occurrence of the alleged violation, or if it concerns an alleged continuing violation, then it must be filed within twenty (20) working days after the alleged violation first take became known or should have become known to the Employee involved, except that in the case of an alleged payroll computational error, such allegation shall be presented to the President or the designee in writing within twenty (20) working days after the alleged error is discovered by the Employee or the grievance up may not be considered. B. An individual Employee may present a grievance to the Employee's immediate supervisor and the grievance heard without intervention of the Union, provided the Union has been afforded an opportunity to be present at the conference(s) on the grievance. Any adjustment made shall not be inconsistent with the Chief Engineerterms of this Agreement. By mutual consent of the Union and the Employer, who will attempt to adjust itany time limits within each step may be extended. C. Informal Step. A grievance shall, whenever possible, be discussed informally between the Employee and immediate supervisor within the twenty (20) working day limitation provided for in paragraph "A" above. The grievant may be assisted by the grievant's Union representative. If the immediate supervisor does not reply by seven (7) working days, the Employee or the Union may pursue the grievance to the next step. Step 1. If the grievant is not satisfied with the result of the informal conference, the grievant or the Union may submit a written statement of the grievance within seven (7) working days after receiving the answers to the informal complaint to (a) the Xxxx in the case of the University of Hawaii at Manoa (UHM) and University of Hawaii at Hilo (UHH); (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements applicable Vice Chancellor for the Committeeperson to be present when the grievance is next discussed. University of Hawaii at West Oahu (UHWO); (c) If Chancellor in the grievance is not adjusted satisfactorily, it shall case of the Community Colleges; or (d) such directors as may be reduced to writing and signed designated by the employee Manoa Xxxxxxx or group representative concerned, and Chancellors with respect to other administrative or program units (hereinafter "division head"); or if the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If immediate supervisor does not reply to the grievance is not adjusted satisfactorily informal complaint within seven (7) working days, it the Employee or the Union may submit a written statement of the grievance to the division head or the designee within fourteen (14) working days from the initial submission of the informal complaint; or if the grievance was not discussed informally between the Employee and the immediate supervisor, the Employee or the Union may submit a written statement of the grievance to the division head or the designee within the twenty (20) working day limitation provided for in paragraph "A" above. A meeting shall be presented to held between the Plant Engineer of grievant and a Union representative with the Power House concerned, before whom the employee division head or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five designee seven (57) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the written grievance is not adjusted by received. Either side may present witnesses. The division head or the Plant Engineer, such decision may be appealed within ten (10) working days, in writing designee shall submit a written answer to the Personnel Director grievant or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative Union within ten seven (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (57) working days after hearing the appealmeeting. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Unit 8 Contract

GRIEVANCE PROCEDURE. 7.01 All 17.01 It is the mutual desire of the parties hereto that grievances arising of employees shall be adjusted as quickly as possible. The Association shall appoint a Grievance Committee of three (3) members and shall file notice annually with the Employer of the names of employees serving on the Grievance Committee. The Employer shall also be notified within thirty (30) days of changes in the personnel of the Grievance Committee. Any difference between the parties to this Agreement relating to the interpretation, application or administration of the Agreement, may constitute a grievance. At the request of either party, the grievance shall be dealt with as speedily and effectively as possible in accordance set out herein below provided that the time limits specified herein may be extended by mutual consent. No employee or group of employees shall be permitted to lodge a grievance with the following procedure. (a) Any employee having Employer except as expressly provided for herein. A complaint which may lead to a grievance, or one designated member of a group having a grievance, grievance shall first take the grievance up be discussed verbally with the Chief Engineeror designate within forty-eight (48) hours of the alleged complaint, who will attempt in an effort to adjust it. (b) Any employee may request resolve the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineercomplaint. Without further discussion of this grievanceFailing such settlement, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall may be reduced to writing and signed by the employee or group representative concerned, and submitted to the Chief Engineer shall render a decision within ninety-six (96) hours of the verbal discussion. Nothing in writing within two (2) working daysthis procedure is intended to preclude the involvement of the Human Resources Representative in contract interpretation matters, however, all such discussions will involve the participation of the Fire Chief or designate. 7.03 If 17.02 In this article, the grievance is not adjusted satisfactorily within seven (7) working terms "hours and days, it " shall be presented taken to the Plant Engineer exclude Saturdays, Sundays and Statutory Holidays. 17.03 At any stage of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativeprocedure, the Grievance Committee for the Association, or the representatives of the Employer may be accompanied by any individual(s) that either party may deem necessary. 17.04 In the case of an employee (or employees) who has been unjustly reprimanded, suspended or discharged, as determined by a decision rendered in accordance with the foregoing grievance procedure, the employee shall be reinstated and shall be reimbursed for all loss of pay or other remuneration resulting therefrom, or as handed down by a single arbitrator, and shall have present any all their rights and benefits restored in the same manner as if the employee affected had not been reprimanded, suspended or discharged. 17.05 Any grievance not submitted within the time limits nor advanced by the grieving party within the time limits provided for each step of the Grievance Procedure shall be deemed to have been withdrawn. No matter may be submitted to arbitration which has not been properly carried through all the requisite steps of the Grievance Procedure. Where no answer is given within the time limits specified in the Grievance and any duly accredited representative or representatives Procedure, the grieving party shall be entitled to submit the grievance to the next step of the UnionGrievance Procedure. 7.06 Management may have present at any meeting with 17.06 The time limits fixed in both the Grievance Committee any employee affected in and Arbitration Procedures may be extended by written consent of the grievance under consideration and/or any members of Managementparties to this Agreement. (a) Any employee who is called for an interview concerning discipline, may, if 17.07 In cases of discharge or discipline the employee so desires, request Arbitrator or Arbitration Board will have the presence of right to alter the Committeeperson penalty and substitute such other penalty as they deem to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay just and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforereasonable. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between It is the desire of the parties hereto that any disputearising out of the provisions of this Collec- tive Agreement shall be dealt with adjusted as speedily and effectively quickly as possible and shall be settled as follows: If an employee has any complaint or question which might result in accordance a written grievance, he may be accompanied by a Union Representative to discuss the matter with the following procedure. (a) Any Supervisor cerned. An employee having complied with the above provision who wishes to lodge a grievancewritten griev- ance, or one designated member shall be entitled to have the assistance of a group having a grievance, Union Representative in preparing such griev- ance on forms supplied by the Company. The Union Representative shall first take the grievance it up with the Chief Engineer, Supervisor who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision give an answer in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action takenpresentation of the grievance, unless otherwise agreed. In imposing discipline on a current chargeIt shall be optionalto the Company to decline to consider any grievance, Management will not take into account any prior infractions the alleged circumstances of which occurred more than one five (15)working days prior to its presentation except in the case of a grievanceclaimingfailure on the part of the Com- pany to give the requirednotice of recall, in which instance, the period of time shall be thirty (30) year previously nor impose discipline days. Probationary employees are entitled to lodge a grievance in the same manner, and to the same extent as regular employees, except with respect to their separation from employment. Failing a satisfactorysettlement of the grievance, the grievance may be presented within three (3) working days from the Supervisor’s disposition above to the Director, Human Resources to be taken up at a meeting between Management Representatives and the Union Office Commit- tee, which meeting will be held within five (5) working days from receipt of the grievance. Un- less otherwise agreed, Management shall render its decisionin writingto the Chairman of the Union Office Committee within five (5) working days following the meeting. If the decision of Management is not satisfactory to the employee the Chairman of the Union Office Committee may, be serving written notice within fifteen (15) days on which Manage- ment’s decision was received, appeal therefrom to an impartial umpire selected by the Company and the Union. If the Company and the Union cannot agree within five (5) working days on an umpire, the Minister of Labour of the Province of Ontario shall be requested to select one. The decision of the umpire shall be final and binding on both parties. The fees and expenses of the umpire shall be shared equally by the parties hereto. The Union or the Company may file a Policy Grievance. Such Policy Grievance will be taken up at a meeting between Management and the Union Office Committee within ten (10) working which alleges a misinterpretation or violation of a provision of this Agreement and which could not otherwise be resolvedat lower steps of the Griev- ance Procedure because of the nature or scope of the subject matter of the grievance. An employee for falsification with seniority, who is discharged, may present a grievance in writing through the Union Office Committee to Management within three (3)working days of the employee's employment application receipt and render a decision within three (3) working days after such review. If the decision of Manage- ment is not acceptableto the aggrieved, the griev- ance may be appealed to the umpire as herein provided. No matter may be submitted to an umpire which has not been properlycarriedthrough all previous stages of the grievance procedure,and no person may be appointed as an umpire who has taken in an attempt to negotiate or settle the griev- ance. When a period grievance which affects the rates of twelvepay of an employee is settled in a manner which involves a change in rate, such change shall be limited retroactively up to but not to exceed sixty

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any Parties to this Agreement are agreed that it is of the utmost importance to adjust grievances and disputes as quickly as possible. The aggrieved employee having a grievance, may be present at any or one designated member all steps of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust itprocedure if he so desires. (b) Any When an employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson is to be present when notified of disciplinary action which is to be recorded on his personal record, he will be allowed Union representation if he so desires. Disciplinary action will take place within three (3) working days following the grievance is next discussed.decision (weekends and statutory holidays excluded). The Union will be advised of any issues involving discipline as soon as possible (c) If Representatives of the Union may attend any meetings held between the parties in respect of this agreement. (d) The Company will pay lost time wages for the grievance is not adjusted satisfactorilycommittee members, it shall be reduced up to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within maximum of two (2) working days. 7.03 If the employees, during grievance is committee meeting. Pay will be at straight time hourly rate and will not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson considered as worked for the purpose of any necessary discussion and filing of the grievancearticle 8 (overtime). The Plant Engineer grievance committee meeting will be held at a moment mutually agreed. 4.02 The grievance procedure shall render be as follows: Step 1 An employee who considers he has a written decision grievance must present it within five (5) working days after this presentation of when the employee knew or could have reasonably been expected to know of the event leading to the grievance, unless an extension not to exceed 30 days (for purposes of such time is mutually agreed to be necessary. 7.04 If this paragraph being defined as Monday through Friday inclusive, exclusive of statutory holidays) through or with his Union Xxxxxxx who shall discuss the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record immediate supervisor. The supervisor shall give his oral decision within three (3) regular working days of following the action takenday on which discussions commenced. In imposing discipline on a current chargeIf this decision is unsatisfactory to the employee or the Union, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelveStep 2 may be followed within two

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 26.1 For the purpose of this Agreement, the term “grievance” means any difference or dispute between the parties State and the Union, or between the State and any employee with respect to the interpretation, application, or violation of any of the provisions of the Agreement. 26.2 There shall be dealt with a grievance procedure as speedily and effectively as possible in accordance with the following procedurefollows: Step 1. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the A grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted aggrieved employee and/or by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative Union within ten (10) working days of the date of filing employee’s knowledge of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appealoccurrence of such grievance. 7.05 At any meeting b) An aggrieved employee shall discuss the problem with a Union representative and appropriate supervisor outside the Personnel Director or bargaining unit, who shall attempt to settle the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing problem within one (1) working day of twenty-four (24day. a) hours If the grievance is not resolved according to Step 1 above, it shall be reduced to writing and submitted to the designee of the fact Director of written reprimand, suspension, or discharge and the reason therefore. Department of Administration by the aggrieved employee and/or by the Union within fourteen (b14) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification employee’s and/or Union’s knowledge of the occurrence of such grievance. The written grievance shall set forth the factual and contractual allegations of the grievance, as well as the relief requested. The aggrieved employee and/or the Union representative shall meet, within fourteen (14) days of the submission of the written grievance, with the Director’s designee who shall conduct a hearing on the grievance. Two (2) Union officers and the aggrieved may present the grievance at the hearing. Such designee shall render a written decision to the Union and to the employee within fourteen (14) days of the hearing. The decision shall respond to the factual and contractual allegations of the grievance. a) In the event the grievance is not settled in a manner satisfactory to the aggrieved member and/or the Union, then such grievance may be submitted to arbitration in the manner provided herein, within thirty (30) days from the transmittal of the Step 2 decision. Either party to this Agreement shall be permitted to call witnesses as part of the grievance procedure. The State, upon request, will produce payroll and other records, as necessary. Members of the Union committee, grievance representative(s), the aggrieved employee's employment application after a period , and employee witnesses who are State employees will be paid at their regular rate up to their normal quitting time for time spent in processing grievance. The Union representative will have the right to assist the aggrieved at any step of twelvethe grievance procedure.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between 6.1 An employee who feels that he has been unjustly treated or that any of the parties provisions of this Agreement have been violated shall be dealt institute a grievance as follows: (1) He shall discuss the matter with as speedily and effectively as possible in accordance with the following procedurehis committeeman. (a2) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the The grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing giving all available particulars of the event or events out of which the grievance arose, including the time and date of the happening. (3) The grievance shall be signed by the employee or group representative concerned, griever and his committeeman. (4) The committeeman shall present the written grievance to the Department Manager and during any discussion of the grievance between the Department Manager and the Chief Engineer Committeeman, the griever shall render be entitled to be in attendance. 6.2 It is understood that grievances must be presented to the Department Manager within four (4) working days of the occurrence of the event which gave rise to the grievance except in the case of a grievance regarding wages or seniority which shall have a time limit of thirty (30) days from receipt of pay or the posting of a seniority list. 6.3 The Department Manager shall give his decision in writing within two four (24) working days. 7.03 days after receiving the written grievance. If the grievance decision of the Department Manager is not adjusted satisfactorily within seven (7) working days, it shall be presented satisfactory to the Plant Engineer of Union, the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer Local Chairman shall render a written decision within five (5) working days after this presentation of refer the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, matter in writing to the Personnel Director General Manager, or his nominee, who shall render a decision, in writing within four (4) working days. 6.4 Should a meeting be held with the designated representativeGeneral Manager, before whom a National Representative of the employee or group representative concerned Union may be present upon the request of either party. The time of such a meeting shall be represented determined by mutual agreement. 6.5 If the Grievance Committee. decision of the General Manager, or his nominee, is not satisfactory to the Union, the matter may be referred to arbitration as provided in Article 7. 6.6 The matter time limits as provided for in this Article, may be extended by mutual agreement. 6.7 Any complaint or grievance including policy arising directly between Employer and the Union shall be heard between the Grievance Committee and the Personnel Director or the designated representative originated by written notice within ten four (104) working days of the date of filing of subject occurrence, if it is a single occurrence. If the written appeal. A written decision shall reply, to be rendered in writing within five (5) working days after hearing days, is not satisfactory, a meeting at a time and place to be mutually satisfactory, the appealtime not to exceed five (5) days, may be requested by the party grieving, and the other party shall co-operate in arranging such a meeting, to be between the Union and the General Manager. Failing agreement at such a meeting either party may cause the matter to be referred to arbitration as set out in Article 7. However, it is expressly understood and agreed that the provisions of this paragraph may not be used to institute a complaint or grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular grievance procedure shall not thus be by-passed. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. 6.8 Any employee who has been suspended or discharged shall be advised in writing of the reason thereforeshall, and shall if he so request, be permitted to have an interview with the Committeeperson his Committeeman in an office designated by Management, the Employer before the employee he is required to leave the Plant. Whether called premises. 6.9 Grievances involving discipline or not, discharge shall be presented to the Committeeperson will be advised in writing employer within one twenty-seven (127) working day of twenty-four (24) hours of the fact of written reprimand, suspensionsuch discipline or discharge. The General Manager, or discharge his nominee, will consider such grievance, and the reason therefore. render a decision within two (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (32) working days after its receipt. 6.10 If the decision of the action taken. In imposing discipline on a current chargeGeneral Manager, Management will or his nominee, is not take into account satisfactory, the grievance may be referred to arbitration as herein provided. 6.11 Such special grievance may be disposed of by confirming the decision in disciplining or discharging the employee, or by reinstating the employee with full seniority and compensation for time lost, or by any prior infractions other arrangement which occurred more than one (1) year previously nor impose discipline on an employee for falsification is just and equitable in the opinion of the employee's employment application after a period of twelveconferring parties or the Arbitration Board.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising (a) Should a dispute arise between the parties Employer and any employee(s) or the Union regarding the interpretation, intent or application of this agreement, an xxxxxxx effort will be made to resolve the dispute without any work stoppage. Step 1: The aggrieved employee should discuss the complaint with that employee’s immediate supervisor, with or without a representative of the Union present Step 2: Failing satisfactory settlement under Step 1, an employee who wishes to file a grievance must, within thirty (30) calendar days of the date when the employee became aware of the circumstances of the dispute, provide the Union with a written statement of the particulars and redress sought. If the Union elects to file the grievance with the District, they must do so in writing within fourteen (14) calendar days of the expiration of the above period. Grievances shall be dealt submitted to the Superintendent of Schools, with a copy to Human Resources – Labour Relations. The grievance shall outline the particulars of the complaint and the redress sought. Step 3: Failing satisfactory settlement at Step 2, the Union may request that the grievance be reviewed by the Superintendent of Schools. Such requests must be submitted to the Superintended of Schools within fourteen (14) calendar days of receiving the Step 2 response. The Superintendent of Schools, or a Designate (such as speedily an Assistant Superintendent or Executive Director), shall issue a formal response within twenty-one (21) calendar days of receiving the request. Step 4: After receiving the decision of the Superintendent of Schools or Designate, under Step 3 above, and effectively as possible failing satisfactory settlement, within fourteen (14) calendar (i) The purpose of the mediator is to investigate and define the issues in accordance with the following proceduredispute and facilitate a resolution. (aii) Any employee having a grievance, or one designated member of a group having a grievance, The Mediator shall first take be appointed by mutual agreement between the grievance up with the Chief Engineer, who will attempt to adjust itparties. (biii) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson The purpose of the employeemediator's request and will make arrangements for the Committeeperson to be present when involvement in the grievance process is next discussed. (c) If to assist the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by parties in reaching a resolution of the employee or group representative concerneddispute, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working daysanything said, it shall be presented to the Plant Engineer of the Power House concernedproposed, before whom the employee generated or the group representative concerned may be represented by the Committeeperson prepared for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render trying to achieve a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time settlement is mutually agreed to be necessary. 7.04 If considered privileged. During the grievance is not adjusted by proceedings, the Plant Engineer, such decision may be appealed within ten (10) working days, in writing parties shall fully disclose all materials and information relevant to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10issue(s) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Managementdispute. (aiv) Any employee who is called for an interview concerning disciplineThe expenses of the Mediator shall be equally borne by both parties. (v) The grievance may be resolved by mutual agreement between the parties. Within fourteen (14) calendar days of first meeting the parties, having considered the issue(s) in dispute and the terms of the collective agreement, the Mediator shall issue a report including non-binding recommendations. Step 5: Failing satisfactory settlement under Step 2, Step 3 and/or Step 4, either party may, if within fourteen (14) calendar days following the employee so desiresresponse of the District and/or the Mediator, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing the establishment of an Arbitration Board to resolve the reason therefore, and shall be permitted an interview with dispute as provided in the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforeLabour Relations Code. (b) The Union, through its representatives, shall have the right to originate a complaint for an employee or group of employees and seek redress of such complaint with the Employer in the manner provided in the grievance procedure. (c) The Employer shall have the right to originate its own grievance and seek redress of such complaint with the Union. The Superintendent of Schools will be tendered submit a copy written statement of any warningthe particulars of the complaint and proposed redress to the Union executive. The Superintendent of Schools, reprimandor a Designate, suspension or disciplinary layoff entered and the Union Executive shall meet within twenty-one (21) calendar days in an attempt to arrive at a satisfactory settlement of such complaint. The Union shall have fourteen (14) calendar days following such meeting within which to provide a written decision to the Superintendent of Schools. Failing satisfactory settlement, the Superintendent of Schools may, within fourteen (14) calendar days, request the establishment of an Arbitration Board to resolve the dispute as provided in the Labour Relations Code. (d) Nothing in this article shall prevent the parties from mutually agreeing, in writing, to extend the time limitations contained in the grievance procedure; however, the time limits stipulated are mandatory failing mutual agreement to extend them. If the respondent fails to comply with the time limits, the grievance will automatically move to the next step on the employee's personnel record within three (3) working days day following the expiry of the action takenparticular time limit. In imposing discipline on a current chargeIf the grievor fails to comply with the time limits, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on the grievance shall be deemed to be at an employee for falsification of the employee's employment application after a period of twelveend.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising A grievance is defined to be any difference between the parties or between an employee and the Company, relating to the interpretation, application, administrationor alleged violation of this agreement. a) To be considered, a grievance must be presentedwithin seven(7) the incident Saturdays, Sundays and paid holidays as per are excluded from the time limits in this article. Complaints deriving from the interpretationor appli- cation of the terms of this Agreement shall be dealt with as speedily discussed betweenthe employees and effectively as possible the immediate supervisor. The employees may be accompanied by their xxxxxxx. The time constraints outlined in accordance with Article will not be affected by this process. The time limits of the grievance procedure referred to below may be modified by mutual consent of the parties. Formal grievances shall be handled in the following procedure. (a) Any manner: STEP The aggrieved employee having a grievance, or one designated member of a group having a grievance, and the xxxxxxx shall first take the grievance up with matter to the Chief Engineer, who will attempt to adjust it. immediate supervisor in writing within seven (b7) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson days of the employee's request and will make arrangements for incident occurrence. The written grievance shall refer to the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer specific of Agreement that are in question. The supervisor shall render a decision in writing within two (2) working days. 7.03 days from the date of the initiation of the formal grievance procedure. STEP If the grievance a satisfactory settlement is not adjusted satisfactorily reached, the union chairperson and the xxxxxxx shall present the matter in writing within seven two (72) working days, it days to the aggrieved employee's supervisor. A decision shall be presented rendered within three (3) days of receiving the written grievance. If a satisfactory settlement is not reached at STEP the matter shall be referred by the union grievance to the Plant Engineer manager of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision company in writing within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the decision in STEP The matter will be discussed at a meeting involving the union grievance committee, and/or the supervisor, and/or the manager, and/or the personnel representative. The ag- grieved employee may be present at this meeting if both parties agree. following the date of filing such meeting. The union representative and company labour relations manager or delegate may be present, or pro- vide direction, at any step of procedure if requested by either party. Grievance; A grievance on behalf of more than one employee may be presented directly at Step Listing the names of the written appealGrievance; A policy grievance will confineitself to matters relatingto the interpretation, administrationap- plicationor alleged violation of the agreement, which are inappropriatefor an employee grievance group. A written decision Such grievances shall be rendered submitted in writing by the chairpersonor secretary treasurer of the union at Step of the grievance procedure, within fifteen (15) days from where the circumstances giving rise to it occurred or originated. limits may beextendedby mutual agreement. The Company itself may file with the chairperson of the union grievance committee and shallforward of the grievanceto ice of Local Said grievance shall be entered bythe manager or general manager of the operation. a satisfactory settlement has not been reached within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativeof receivingthe grievance, the Grievance Committee matter shall be discussedat a meeting arranged mutually between union griev- ance and the manager. The union represen- tative and the company labour relations manager or designate may have be present any employee affected at this meeting. If a satisfac- tory settlementis not reachedwithinthree (3) days of the meeting,the grievance may be referredto arbitration as outlined in Where a grievance is referredto arbitrationthe party making the referral will notify the other party in writing within thirty (30) calendar days of it's election of proceedingwith a single arbitrator "arbitrator"or a tripar- tite arbitration board "board". Where election is made for an arbitrator, the party makingthe referral will name one or more persons to act as an arbitrator in it's notice of referral. The other party will respond in writing within five (5) days naming it's choice of arbitrator. Upon failure by the party receiv- ing notice to name an arbitrator or failure by the parties to agree upon an arbitrator within the time limited, either party may request that an arbitrator be appointedby the Minister of Labour for Ontario. Where election is made for a board, the party makingthe referralwill name it's appointeeto such board in the Grievance and any duly accredited representative or representatives notice of referral. The other party will respond in writing within five (5) days by naming it's appointee. The two appointeesso selected will, within five (5) days of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence appointment of the Committeeperson second of them, appoint a third person who shall chair the board. Upon failure by the notice to represent name its appointee or uponfailure by the employee during such interview. It is understood two appointeesto agree on within the time limited, either party may request that the interview Minister of Labour for Ontario appoint one or both persons as required. have noauthority to alter, change or modify any of the terms and condi- tions of this agreement. Any question as to will be scheduled as circumstances permitdetermined by the arbitrator or board. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion decision of the matterarbitrator or of the board, shall be final and binding. Any employee Each party to this agreement will pay the fees and expenses of the member of the board selected by it or by the Minister and will share equally in paying the fees and expenses of the chairperson of the board or of the arbitrator. No person may be appointed as an arbitrator who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson involved in an office designated by Management, before attempt to negotiate or settle the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforegrievance. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

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GRIEVANCE PROCEDURE. 7.01 13.01 All grievances arising differences between the parties Company and the Union concerning interpretation, application, operation or an alleged violation of this agreement, shall be dealt with as speedily settled without stoppage of work or lockout. The Job Xxxxxxx/Representative and effectively as possible in accordance with the following procedure. (a) Any employee having A.P.M.’s shall endeavor to settle differences prior to filing a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance dispute is not adjusted satisfactorily, it settled the procedures shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days.as follows: 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record shall within three (3) working days of the action taken. alleged violation submit his/her complaint to his/her immediate supervisor, with the assistance of a Job Xxxxxxx or Union Representative as he/she sees fit, and the parties shall endeavor to settle the difference. (2) If the dispute is not settled within three (3) working days, (excluding Saturdays, Sundays and Statutory holidays) after having been referred under Part 1, the complaint will be referred to the Senior Production Manager or the equivalent and the Job Xxxxxxx, in writing, and they shall endeavor to settle the difference. (3) If the difference is not settled within three (3) working days (excluding Saturdays, Sundays and Statutory holidays) after having been referred under Part 2, the complaint shall be referred to the Company Management and the Union Representative and they shall endeavor to settle the difference. (4) If the difference is not settled within three (3) working days (excluding Saturdays, Sundays and Statutory holiday (s)) after having been referred under Part 3, either party may refer the difference to the Board of Arbitration for settlement in the manner as provided for in the Alberta Labour Relations Code. (5) In imposing discipline on a current charge, Management will not take into account the event that either party to the grievance fails to process the grievance in the time stipulated in any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period steps outlined above, this party shall be deemed to have conceded the dispute to the other party. (6) The majority decision of twelvethe Board of Arbitration shall be final and binding on both parties subject to the provisions of the Alberta Labour Relations Code. The Board of Arbitration shall not be vested with the powers to change, add to, or amend any terms of this agreement. (7) Mutually agreed to reasonable extensions made to allotted times in 1-6 above by either party to be in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All A dispute or disagreement over the interpretation or application of the terms of this Agreement must be filed in writing with the Employer within twenty (20) calendar days from the date that the employee knew or should have known of the event that first gave rise to the grievance. Failure to so file a written grievance shall constitute a waiver of the grievance and any continuation thereof. The Employer and an aggrieved employee or the employee's representative shall attempt to adjust all grievances arising in the following manner: 1. First, an effort shall be made to adjust the grievance between the employee or his/her representative and his/her immediate supervisor or department head. Any such adjustment shall be subject to approval or disapproval of the Employer within seven days. 2. In the event no settlement is thereby reached, the employee or his/her representative shall refer the matter to the appropriate committee of the Employer. The conclusion reached by said parties shall be dealt with as speedily and effectively as possible in accordance with subject to approval or disapproval by the following procedureEmployer within seven days. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take 3. In the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievanceevent no settlement is reached, the Chief Engineer will notify the Committeeperson Employer shall, upon written request of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concernedhis/her representative, and hear the Chief Engineer shall render a decision in writing grievance within two (2) working daystwenty-one days from the date of the filing of the grievance. 7.03 4. If no settlement is reached in Step 3, the grievance is not adjusted satisfactorily Employer shall issue a written decision within seven (7) calendar day from the Step 3 hearing, and the exclusive representative shall, if it wishes to appeal the Employer’s determination, submit the grievance to final and binding arbitration within thirty (30) working days, it days from the date of the School District’s written decision. Failure to process the grievance to arbitration shall be presented constitute both a waiver of the event first giving rise to the Plant Engineer grievance and any continuation thereof, and an acquiescence to the School District’s interpretation or application of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing terms of the grievanceAgreement. The Plant Engineer shall render a written decision If the parties are unable to agree upon the appointment of the arbitrator within five (5) working days after this presentation submission of the grievancegrievance to arbitration, unless an extension either party may then request the Director, Bureau of such time is mutually agreed Mediation Services, State of Minnesota, to furnish a list of five (5) prospective arbitrators. From this list, each party shall in turn strike one name until one name remains, and the last remaining individual shall be necessary. 7.04 designated as the arbitrator. If the parties are unable to agree on who shall strike the first name, the question shall be decided by a flip of a coin. A hearing on the grievance is not adjusted will be held promptly by the Plant Engineerarbitrator, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written a decision shall be rendered by him/her within five thirty (530) working days after hearing the appeal. 7.05 At any meeting with date of the Personnel Director hearing. All expenses and costs of the arbitrator shall be shared and assessed equally to the parties. If the time limits are not adhered to in Steps 1, 2, or the designated representative3, the Grievance Committee may have present any employee affected in grievance shall proceed to the Grievance and any duly accredited representative or representatives of the Unionnext step. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties SECTION 1. A grievance is a claim that a specific provision of this Agreement has been violated or applied erroneously, arbitrarily or unfairly. SECTION 2. The following procedures shall be dealt with as speedily and effectively as possible used in accordance the settlement of grievances: Step 1: The aggrieved Employee shall discuss the grievance orally with the following procedureFire Chief within four (4) days (excluding holidays and weekends) after occurrence of the event upon which it is based. Every attempt will be made to settle the grievance at this step. Step 2: If no agreement is reached in Step 1, the Employee may within four (a4) Any employee having days (excluding holidays and weekends) thereafter file a grievance, or one designated member of a group having a grievance, shall first take the grievance up in writing with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request Fire Chief. Such grievance shall state the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation nature of the grievance, unless an extension identify the provision of such time is mutually agreed the Agreement alleged to have been violated, and be necessary. 7.04 If the grievance is not adjusted signed by the Plant Engineer, such decision may be appealed within ten Employee affected. Within four (104) working days, days (excluding holidays and weekends) the Fire Chief shall submit his answer to said grievance in writing to the Personnel Director or Employee. Step 3: If such answer does not settle the designated representativematter, before whom the employee may submit his grievance in writing within four (4) days after receipt of the Fire Chief's answer to the City Manager or group representative concerned shall be represented by the Grievance Committeeother City Representative designated to handle such matters. The matter City Manager or his Representative shall be heard between within four (4) days (excluding holidays and weekends) of his receipt of such grievance, submit his answer in writing to the Grievance Committee Employee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with SECTION 3. No grievance shall be considered unless filed and processed within the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence time limits above provided unless such time limits are extended by mutual agreement of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforeparties. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 A. A grievance is a complaint by a bargaining unit Employee, or by the Union on its own behalf, concerning (1) any alleged violation of this Agreement; or (2) any disciplinary action involving a non-probationary employee. B. All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with handled by the following procedure.procedures: Any Employee who feels his/her rights and privileges have been violated shall have the right of Union representation in presenting his/her grievance in the following order: (a) Any employee having a grievance, or one designated member STEP 1 To the Director of a group having a grievance, shall first take Maintenance where the grievance up with the Chief Engineer, who Employee will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision receive an answer in writing within two three (23) working days. 7.03 If the grievance is not adjusted satisfactorily within seven STEP 2 Within ten (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (510) working days after this presentation delivery of Director of Maintenance's decision to the grievanceSuperintendent, unless an extension of such time is mutually agreed to or his/her designee, the answer shall be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed given in writing within ten (10) working days. At this step, the Superintendent, or his/her designee, shall give an opportunity to be heard to the aggrieved Employee and/or the Union. STEP 3 The Employee may appeal the decision of the Superintendent, or his/her designee, as provided in STEP 2 above to the Board of Education within ten (10) working days. Within twenty (20) working days after delivery of the appeal, the Board shall give an opportunity to be heard to the aggrieved Employee and/or the Union. The Board shall deliver its decision in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days after the hearing, to the person or persons who presented the grievance at STEP 3 and to the Union if the grievance was presented at STEP 3 by the Employee alone. STEP 4 If the Union is not satisfied with the disposition of the date of filing of grievance by the written appeal. A written decision Board, or if no disposition has been made within the period above provided, the Union shall be rendered within five have twenty (520) working days after hearing to notify the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected Board in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood writing that the interview arbitration will be scheduled as circumstances permitpursued. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged parties shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one have ten (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (310) working days of from the action takennotification date that arbitration will be pursued to attempt to agree upon an arbitrator. In imposing discipline on a current charge, Management will If the parties cannot take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on agree upon an employee for falsification of the employee's employment application after a period of twelvearbitrator during that ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any An employee having a grievancewho is discharged, suspended, or one designated member of laid off from his employment has the right to file a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Company through the Union within five (5) days of its occurrence subject to the procedure outline herein. Where the has a grievance while working on board a vessel or on leave, he present his grievance on Standard Grievance Form (if available) to the Captain or Chief Engineer and the Company with a copy to the ship’s delegate within ten 0) days of the alleged occurrence. Upon request of the grieving employee, the Ship’s delegate shall assist in the grievance procedure. He shall not be subject to discipline for assisting the griever in the grievance procedure, provided such assistance does not interfere with the operation of the ship. The Captain or Chief Engineer shall acknowledge receipt and reply to the grievance by completing and returning to the griever a duly completed Standard Grievance Form (if available) within five (5) days of receipt of grievance. If settlement is not achieved upon receipt by the griever of the Captain’s or Chief Engineer. Without further discussion of this grievance’s reply, the Chief Engineer will notify griever shall submit the Committeeperson Standard Grievance Form to the Union immediately with copy to the Company’s head office. Within thirty (30) days of the employee's request and will make arrangements for Captain’s or Chief Engineer’s reply, the Committeeperson Union shall submit the duly completed Standard Grievance Form to be present when the head office of the Company. Within thirty (30) days of the date the grievance is next discussed. submitted by the Union to the Company’s head the Company shall reply to the grievance. The Union shall also have the right to submit a grievance in writing to the representative of the Company on behalf of all the employees in the bargaining unit or a group or category thereof within thirty (c30) days of the occurrence giving rise to the grievance. In both these instances above, the Company shall reply to the grievance as per clause above. prior to a grievance being referred to arbitration. Such meeting may be held by telephone conversation. If the grievance is not adjusted satisfactorilysettled at the meeting referred to in clause of this Article, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented referred to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed arbitration within ten (10) working days, in writing days thereafter. Due to the Personnel Director or location of the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee vessels and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativein getting information quickly, the Grievance Committee above time limits may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called be extended upon request from either party. Agreement for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management extensions will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelvebe unreasonably withheld.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between The parties to this Agreement are agreed that it is of the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt utmost importance to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request complaints and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed grievances by the an employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working daysof employees as quickly as possible. 7.03 If the 7.02 No grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented considered where the circumstances giving rise to it have occurred or originated more than five (5) days before the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. 7.03 Grievances properly arising under this Agreement shall be adjusted and settled as follows: Step 1 The employee shall present the grievance orally or in writing to the immediate supervisor as designated by the Company. The Plant Engineer employee shall render have the assistance of a written Xxxxxxx if the employee so desires. If a decision satisfactory to the employee concerned is not reached within three (5) working days or upon any longer period which may be mutually agreed, the grievance may be pursued within five (5) working days after this presentation of the grievancedecision as follows: Step 2 The employee may, unless an extension of such time is mutually agreed to be necessary. 7.04 If with the Association representative, present the grievance (which shall be made in writing on a form supplied by the Association and approved by the Company) to the next level of supervision. If a decision satisfactory to the employee is not adjusted by the Plant Engineer, such decision may be appealed reached within ten five (105) working days, the next step in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall Procedure may be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered taken within five (5) working days after hearing of this decision as follows: Step 3 The employee may submit the appeal. 7.05 At any meeting grievance in writing to the next level of Management within the Distribution Department, or delegate, who shall meet with the Personnel Director or employee and the designated representative, Association representative as soon as possible to consider the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permitgrievance. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one meeting must occur not later than ten (110) working day of twenty-four days after the submission. The Manager or delegate shall render a decision within seven (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (37) working days of the action taken. In imposing discipline on meeting. 7.04 If a current chargesettlement satisfactory to the employee is not reached as noted in Step 3 of this Article and if the grievance is one which concerns the interpretation or alleged violation of the Collective Agreement, Management will not take into account any prior infractions which occurred more than the grievance may be referred by either party to a Board of Arbitration as provided in Article VIII herein within twenty-one (121) year previously nor impose discipline on an employee for falsification days of the employee's employment application after a period decision of twelvethe General Manager, Distribution, or delegate, but not later. 7.05 The time delays mentioned above shall be deemed to exclude Saturdays, Sundays and Recognized Holidays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties Section 1. A grievance shall be dealt with as speedily and effectively as possible in accordance with any dispute or complaint concerning the following procedure. (a) Any interpretation or application of, or compliance with, any of the provisions of this Agreement. In the event any employee having believes that he has a grievance, or one designated member of a group having a grievance, it shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed presented by the employee or group representative concernedto his immediate supervisor. If no satisfactory adjustment is made, and such grievance shall be settled in the Chief Engineer following manner: STEP 1. The aggrieved employee and/or his xxxxxxx shall render a decision in writing within two (2) working days. 7.03 If present the grievance is not adjusted satisfactorily to his immediate supervisor. The immediate supervisor will give his answer within seven three (73) working days, excluding weekends and holidays, following submission of the grievance. STEP 2. If no satisfactory adjustment is agreed upon as provided in Step 1, the Union shall give the Company the grievance in written format, stating the nature of the incident, the provision of this Agreement on which the grievance is based, the relief sought and it shall be presented signed by the employee. Then, the matter shall be referred by a Grievance Committeeperson to the Plant Engineer Production Manager or his representative, who, within fifteen (15) calendar days of the Power House concernedappeal, before whom shall meet and discuss the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion alleged grievance and filing of the grievance. The Plant Engineer shall render give a written decision within five (5) working days after this presentation to a member of the grievanceGrievance Committee or Shift Xxxxxxx if a Grievance Committee Representative is not at work, unless an extension of such time is mutually agreed to be necessary. 7.04 If excluding weekends and holidays, after the day the grievance is not adjusted by discussed under this Step 2. STEP 3. If no satisfactory settlement is agreed upon as provided in Step 2, the Plant Engineermatter shall be referred to the General Manager and/or to such other representative or representatives as he may designate and to the Union Grievance Committee. Up to three members of the Grievance Committee, such decision may the Local Unit President, and the International STEP 4. If no settlement of the grievance is reached in the foregoing steps, the matter shall be appealed submitted to arbitration if the Union Grievance Committee shall so request in writing within ten thirty (1030) working days, excluding weekends and holidays, after the Company's decision provided in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance CommitteeStep 3. The matter parties shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered endeavor to agree upon an arbitrator, but if such agreement has not been reached within five (5) working days days, excluding weekends and holidays, after hearing the appealrequest for arbitration is delivered, then the matter shall be referred to the American Arbitration Association for the selection of an arbitrator pursuant to its rules and regulations. The decision of the arbitrator shall be final and binding upon the parties. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matterSection 2. Any employee who has been suspended or discharged shall be advised grievance not presented in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record STEP 1 within three (3) working days days, excluding weekends and holidays, after knowledge of the action takenoccurrence out of which the grievance arose shall not be entitled to consideration, and any grievance not appealed from one STEP of the grievance procedure to the next within five (5) working days, excluding weekends and holidays, after the day which the answer is given shall be considered settled on the basis of the last answer. Also, any grievance not answered by the Company within time limits called for in the previous steps shall be considered settled in favor of the Union. Such settlements will be on a non-precedent setting basis and shall have no bearing on future grievances of a like nature. Time limits are subject to being extended by the mutual written consent of the parties. Section 3. The fee of the arbitrator shall be borne equally by the Company and the Union. Section 4. The arbitrator may interpret the Agreement and apply it to the particular case presented to him, but he shall, however, have no authority to add to, subtract from or in any way modify the terms of this Agreement or any Agreements made supplemental hereto. Section 5. In imposing discipline the event an aggrieved employee who is discharged or otherwise loses seniority under Article VI of this Agreement fails to attend any scheduled third step grievance meeting or an arbitration hearing regarding a grievance filed by him or on his behalf, for which the aggrieved employee has received notice, the aggrieved employee shall be deemed to have directed the Union to immediately withdraw such grievance and it shall not be subject to further processing under this Article. The foregoing shall not apply in the event of a verifiable emergency or if a physician certifies the employee could not attend the grievance meeting due to an illness or injury. Grievances withdrawn in accordance with this Section will be on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline non-precedent setting basis and shall have no bearing on an employee for falsification future grievances of the employee's employment application after a period of twelvelike nature.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances 9.01 For the purpose of this Agreement, a Grievance is defined as a difference arising either between an employee and the Employer or between the parties shall be dealt with relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as speedily and effectively as possible in accordance with the following procedureto whether a matter is arbitrable. (a) Any employee having a grievance, or one designated member 9.02 The Grievance shall identify the nature of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify remedy sought and should, where possible specify the Committeeperson provisions of the employee's request Collective Agreement which are alleged to have been violated and will make arrangements for shall be signed and dated by the Committeeperson to be present when the grievance is next discussedGrievor. (c) If 9.03 For purposes of the grievance collective agreement “working days” means a weekday, Monday to Friday, other than a statutory holiday. 9.04 It is not adjusted satisfactorily, it the mutual desire of the parties hereto that complaints of employees shall be reduced to writing adjusted as quickly as possible and signed by it is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. If an employee or group representative concernedhas a complaint, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it such complaint shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision discussed with her immediate supervisor within five (5) working days after this presentation the circumstances giving rise to the complaint have originated or occurred. If the immediate supervisor is unable to adjust the complaint to the mutual satisfaction within five (5) working days, the employee may proceed with the grievance within five (5) working days following the decision of the immediate supervisor in the following manner and sequence: Step 1 The employee, with the assistance of the Union Xxxxxxx, if she so desires, may present her grievance in writing to her immediate Supervisor or her designate. The nature of the grievance, unless an extension the remedy sought and the section(s) of such time is mutually agreed the Agreement alleged to have been violated shall be necessary. 7.04 If set out in the grievance. The Supervisor or her designate shall deliver her decision in writing within five (5) working days following the presentation of the grievance is not adjusted to the Grievor and the Union Xxxxxxx. Failing settlement, then: Within five (5) working days following the decision in Step 1, the employee will submit the written Grievance to the Branch Manager, or designate, unless extended by mutual agreement of the Plant Engineerparties, such decision may in writing, a meeting shall be appealed held between the Employer, an official of the Union, the Grievor and the Xxxxxxx within ten five (105) working days, or such longer periods as agreed to by the parties, at which time the grievance shall be discussed. The decision of the Employer shall be given in writing to within five (5) working days following this meeting. Copies of the Personnel Director or the designated representative, before whom the employee or group representative concerned Employer’s reply shall be represented by forwarded to official of the Grievance Committee. The Union. 9.05 Failing settlement under the forgoing procedure either party may submit the matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative to arbitration within ten (10) working days of after the date of filing of decision at Step 2 is given. If the written appeal. A written decision shall be rendered grievance is not referred to arbitration within five such ten (510) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativeday period, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has conclusively deemed to have been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforefinally abandoned. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between The Employer and Employee are encouraged to resolve complaints informally. An Employee shall initiate discussion with the parties shall Employer within sixteen (16) calendar days of the Employee becoming aware of the occurrence or recurrence of the event giving rise to the issue. Any informal resolution of a complaint will be dealt without prejudice or precedent with respect to the interpretation or application of the Collective Agreement. Failing settlement of the complaint, it may be taken up as speedily and effectively as possible in accordance with a grievance by the Union according to the following procedure, within 32 (thirty-two) calendar days of the Employee becoming aware of the occurrence or recurrence of the event. (a) Any employee having The grievance shall be stated in writing and shall be submitted to the President of the Faculty Association or their designate with a grievancecopy to the BCUWU Representative. The written grievance shall provide: (1) a description of the incident(s) in dispute, or one designated member of a group having a grievanceif any, shall first take from which the grievance up with the Chief Engineer, who will attempt to adjust it. arose; and Article (bor Articles) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson Collective Agreement that is (are) alleged to be present when the grievance is next discussed.have been violated, (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforerequested remedy. (b) The employee President of the Faculty Association or their designate shall meet with the Employee within sixteen (16) calendar days. The Employee may be accompanied by a Union Representative of the Employee’s choice; the President of the Faculty Association or their designate may be accompanied by another member of the Executive Committee. (c) After receipt of a written grievance, the Employer shall have a maximum of sixteen (16) calendar days in which to present a written response to the Employee. Failing settlement, the grievance shall proceed to Step 2 within a maximum of sixteen (16) calendar days. (a) Step 2 will commence upon written notice from the Union to the Employer. The Employer Representatives and the Union Representatives will then have sixteen (16) calendar days in which to meet and attempt to resolve the grievance. (b) If the grievance is resolved, a memorandum will be tendered made of the agreement reached and signed by the representatives of each Party, and a copy of any warningwill be made for each Party. If the grievance cannot be resolved, reprimandthe Union will, suspension or disciplinary layoff entered on not later than sixteen (16) calendar days following the employee's personnel record within three sixteen (316) working days of calendar day time limit, signify in writing to the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of Employer its intention to invoke the employee's employment application after a period of twelvearbitration procedure as set out in Article 10.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between Section 1. A grievance is defined as a dispute regarding the parties 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 dealt with as speedily and effectively as possible processed under the respective Agreement. All jurisdictional disputes between competing crafts employed on this SITE shall be processed in accordance with Sections 1, 3 and 3 of Article III. Section 2. The COORDINATOR and the Idaho Building and Construction Trades Council (hereinafter referred to as COUNCIL) shall attempt to achieve compliance with this AGREEMENT by both UNIONS and EMPLOYERS who are parties hereto. In this regard, the Section 3. Grievances relating to the acts or failure to act of any particular Party shall be filed against that Party. There shall be no actual or threatened work stoppage, work interruption, slowdown, featherbedding, sitdown, strike, picketing, handbilling, or public notices of any kind during the entire term of the grievance proceedings. Section 4. Any EMPLOYER or UNION whose act or failure to act gave rise to any monetary damage or penalty shall be solely responsible therefor, and not the COORDINATOR, COUNCIL or OWNER. Section 5. Other UNIONS or EMPLOYERS may also be joined as parties to any grievances when 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 procedure.manner: (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the Step 1. A grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within filed no later than five (5) working days after this presentation of the grievanceact alleged to constitute a grievance is first discovered. The grievance must be presented by the UNION or EMPLOYER to the proper Employer or Union representative involved, unless an extension of such time is mutually agreed to be necessary. 7.04 as the case may be. If the grievance is not adjusted by the Plant Engineer, such decision may be appealed resolved within ten five (105) working days, in writing the grievance shall be reduced to writing, citing the Personnel Director Article and paragraph of this AGREEMENT 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 designated representativeEMPLOYER), before whom a description of the employee act, failure to act or group representative concerned incident alleged to constitute the breach; and a statement o the relief or remedy sought. The Grievance Procedure Form, attached hereto, shall be represented by used to initiate all jurisdictional grievances on this SITE. (b) Step 2. If the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of grievance is not settled at Step 1, the written appeal. A written decision shall be rendered within grievance may, no later than five (5) working days after hearing the appeal. 7.05 At any meeting with time limitation set forth above for Step 1, be referred by the Personnel Director grievant UNION or EMPLOYER involved to the designated representativeCOORDINATOR, for discussion and resolution by the COORDINATOR, if possible. This Shall be referred to as Step 2 of the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the UnionProcedure. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Site Construction Jurisdictional Procedural Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 6.1 The Union acknowledges the principle of "work now and grieve later" and as such the existence of a grievance or dispute will not disrupt production. 6.2 In the event that any grievance or dispute should arise between the parties Authority and the Union or between the Authority and any Technician under this Agreement, concerning the interpretation or application of this Agreement, it shall be dealt with as speedily considered a grievance and effectively as possible shall be settled in accordance with the following procedure. . The grieving party shall have thirty (a30) Any employee having days and in the case of payroll disputes ninety (90) days), from the date on which the party becomes aware, or ought to have become aware, of the act or omission giving rise to the dispute to initiate a grievance. In order to be deemed a grievance, or one designated member the dispute must be submitted in writing to the other parties within the allotted thirty (30) day and in the case of a group having a grievancepayroll disputes ninety (90) day, shall first take the grievance up with the Chief Engineer, who will attempt to adjust ittime period. (b) Any employee may request 6.3 The grievance shall be discussed by the Chief Engineer to call Authority, or the Committeeperson to handle Authority's duly authorized representative and a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson representative of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily Union within seven (7) days after the grievance has been submitted to the Authority. When any Technician is called upon during their working dayshours to attend a meeting endeavouring to settle such dispute or disagreement, it shall be presented is understood that during this period he/she will not suffer the loss of his/her normal wage. 6.4 In the event that the representative of the Authority and the Union cannot reach an agreement within 21 days of the grievance being filed, the grievance may, by written notice of any party to the Plant Engineer of the Power House concernedother party, before whom the employee be submitted to final and binding arbitration or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between considered resolved. The parties, who shall include the Grievance Committee Authority and the Personnel Director or the designated representative Union, shall within ten fourteen (1014) working days of the date of filing sending of the written appealnotice requesting arbitration select a mutually acceptable arbitrator. A written decision If the parties are unable to agree on the selection of an arbitrator within these fourteen (14) days, the Provincial Minister of Labour shall be rendered within five (5) working days after hearing requested to appoint the appealarbitrator. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Freelance Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 14.01 Any dispute between the parties Co-operative, the Union or the employees covered by this Agreement which concerns the interpretation, application or alleged violation of this Agreement may be presented as a grievance. For the purpose of this article only, working days shall be dealt with defined as speedily five (5) days Monday to Friday. 14.02 Any employee, the Union, or the Co-operative may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, or within fifteen (15) working days of the last day worked when relating to a discharge grievance, shall be forfeited and effectively waived by the aggrieved party. 14.03 The procedure for adjustment of grievances and disputes shall be as possible in accordance with the following procedure.follows: (a) Any A discussion between the Shop Xxxxxxx and/or Union Representative (with the aggrieved employee having a grievancepresent or absent at their option) and the immediate supervisor, or one designated member in the absence of a group having a grievancethe immediate supervisor, shall first take the grievance up with the Chief Engineer, who will attempt to adjust itGeneral Manager. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion Failing agreement of this grievancesubsection (a), the Chief Engineer will notify grievance shall be submitted in writing within fifteen (15) working days and shall clearly set forth the Committeeperson issues and contentions of the employee's request aggrieved party, and will make arrangements for the Committeeperson to be present when the grievance is next discussedshall be dealt with by the Shop Xxxxxxx and/or Union Representative and the General Manager or their duly appointed representative in the event of their absence. The General Manager or their duly appointed representative shall render a written decision on any grievance initiated by an employee or the Union, within fifteen (15) working days. A full-time Union Representative shall render a written decision on any grievance initiated by the Co-operative, within fifteen (15) working days. (c) If the grievance is Failing agreement of subsection (b), then upon request of either party, but not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within later than ten (10) working dayscalendar days thereafter, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativereferred to an Arbitrator, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Managementselected as per Article 15. (ad) Any employee who is called for If the Union refers the matter to an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled Arbitrator as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twentyper sub-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelvearticle

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 14.01 Any dispute between the parties Co-operative, the Union or the employees covered by this Agreement which concerns the interpretation, application or alleged violation of this Agreement may be presented as a grievance. 14.02 Any employee, the Union, or the Co-operative may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, or within fifteen (15) working days of the last day worked when relating to a discharge grievance, shall be dealt with forfeited and waived by the aggrieved party. 14.03 The procedure for adjustment of grievances and disputes shall be as speedily and effectively as possible in accordance with the following procedure.follows: (a) Any A discussion between the Shop Xxxxxxx and/or Union Representative (with the aggrieved employee having a grievancepresent or absent at their option) and the immediate supervisor, or one designated member in the absence of a group having a grievancethe immediate supervisor, shall first take the grievance up with the Chief Engineer, who will attempt to adjust itHuman Resource Manager or their designate. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion Failing agreement of this grievancesub-article (a), the Chief Engineer will notify grievance shall be submitted in writing within fifteen (15) working days and shall clearly set forth the Committeeperson issues and contentions of the employee's request aggrieved party, and will make arrangements for the Committeeperson to be present when the grievance is next discussedshall be dealt with by the Shop Xxxxxxx and/or Union Representative and the Human Resource Manager or their designate in the event of their absence. The Human Resource Manager or their designate shall render a written decision on any grievance initiated by an employee or the Union, within fifteen (15) working days. A full-time Union Representative shall render a written decision on any grievance initiated by the Co-operative, within fifteen (15) working days. (c) If the grievance is Failing agreement of subsection (b), then upon request of either party, but not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within later than ten (10) working dayscalendar days thereafter, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativereferred to an Arbitrator, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Managementselected as per Article 15. (ad) Any employee who is called for If the Union refers the matter to an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled Arbitrator as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelveper Article 14.03

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties Section 1 - A grievance shall be dealt defined as a claim of an employee covered by the Agreement, or the Association, during the term of the Agreement, which involves the interpretation of, administration of, or compliance with as speedily a specific provision of this Agreement. Prior to the filing of a written grievance, nothing contained in this Article shall prevent the Association from informally and effectively as possible verbally presenting and resolving any grievance herein. In the event the matter is not resolved informally, the Association shall process the grievance in accordance with the following procedure.manner: Step 1: Grievances shall be presented, in writing, first to the employee's immediate supervisor on a form as provided by the Association (aAppendix B) Any employee having a no later than thirty (30) calendar days from the date of the occurrence giving rise to the grievance, or one designated member from the date on which the employee reasonably should have become aware of the occurrence, whichever date is later. The grievance shall identify the specific contract clauses allegedly violated, the Employer representative(s) involved in the alleged violation (if known at the time of filing), the employees involved, a group having brief description of the alleged contract violation and the specific relief requested. An in-person meeting or a grievance, shall first take teleconference to discuss the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed held within ten (10) working days, in writing calendar days after the Step 2: Grievances not resolved at Step 1 shall be preVHQWHG WR WKH (PSOR\HU¶V 9LFH President of Human Resources RU KLV/KHU GHVLJQHH ZLWKLQ WHQ (10) FDOHQGDU GD\V DIWHU WKH $VVRFLDWLRQ¶V receipt of the Step 1 answer. An in-person meeting or a teleconference to discuss the grievance shall be held within ten (10) FDOHQGDU GD\V DIWHU WKH (PSOR\HU¶V UHFHLSW RI WKH JULHYDQFH. The written DQVZHU RI WKH (PSOR\HU¶V 9LFH 3UHVLGHQW RI +XPDQ 5HVRXUFHV RU KLV/KHU designee shall be made available to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated local Association representative within ten (10) working calendar days after the Step 2 discussion. Section 2 - Subject to staffing and patient care needs, Association representatives shall be given a reasonable opportunity to investigate and process grievances. Permission must be obtained from the appropriate supervisory personnel before conducting such meetings during work time. Section 3 - Any grievance not answered within the specified time periods may be immediately appealed to the next step of the date of filing grievance procedure, including the processing of the grievance to arbitration. Grievances may be entertained at any Step by the mutual, written appealconsent of the parties. A Class action grievances, i.e., those involving three or more employees and involving similar issues and circumstances, shall commence at Step 2. The time limits may be changed at any Step by the mutual, written decision shall be rendered within five (5) working days after hearing consent of the appeal. 7.05 At any meeting with parties. Failure by the Personnel Director Association or the designated representativegrievant to comply with any time limitations, including those relating to an arbitration demand, will close the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Uniongrievance. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All parties to this agreement are agreed that it is of the utmost importance to address complaints and grievances arising between the parties as quickly as possible. grievance shall be dealt with as speedily and effectively as possible in accordance with considered where the following procedure. circumstances giving rise to it occurred or originated more than three (a3) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson scheduled working days of the employee's request and will make arrangements for employee concerned before the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. Grievances properly arising under this agreement shall be scheduled and settled as follows: The Plant Engineer employee shall render discuss the issue and potential grievance with his immediate supervisor prior to step one. An issue resolution meeting will be held to correct the situation prior to a written decision within five grievance. Participants in the meeting will be the immediate supervisor, the Union Representative, other members of Management as required to resolve the case, the at discretion may attend (5) working days after this presentation however, the Union Representative will encourage the griever's attendance); if deemed to any of the grievance, unless an extension of such time is mutually agreed parties a Human Resources representative will be asked to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appealattend. A written decision shall record of resolution must be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance completed and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record distributed within three (3) working days of the action takenmeeting, by the immediate supervisor. In imposing discipline on If a current charge, Management will settlement satisfactory to the employee is not take into account any prior infractions which occurred more than one reached within three (13) year previously nor impose discipline on an employee for falsification working days of the employee's employment application after written response (or any longer period which may be mutually agreed upon) the grievance may be presented as follows: The aggrieved employee may, with Union Representative, write out grievance on the supplied by the Union and approved by the Company. The written grievance is to be presented to to Human Resources. The shall be encouraged to attend; however, may represented by the Union Representative. Resources will attend as required. The Supervisor will respond in writing within three (3) working days or such longer period as agreed to between the parties in writing. If the Supervisor fails to respond in writing within three (3) working days of the meeting, to a period of twelvegrievance, it shall be considered grievance. that the shall win the The aggrieved employee may submit grievance in writing to the Plant Union Grievance Committee. The Plant Union Grievance Committee shall meet within six

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All A grievance is a claim by an Association member, group of Association members, or the Association hereinafter referred to as "Grievant", based upon an event which affects a condition of employment, discipline, or discharge, and/or alleged violation, misrepresentation or misapplication of any provision of this Agreement. Non-contractual grievances arising between shall also apply and be adjudicated through this process. In the parties event that an Association member or a group of Association members, or the Association believes they have a basis for a grievance he/she or they shall: There shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having a grievance, or one designated member an informal discussion of a group having a grievance, shall first take the grievance up with by the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineergrievant and his/her immediate supervisor. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorilyresolved at Step One, it shall be reduced to writing and signed by the employee Association but not an individual or group representative concerned, and of members shall present the Chief Engineer shall render a decision grievance in writing (Appendix I Form) to the immediate supervisor within two thirty (230) working days. 7.03 If calendar days after the grievant became aware of the action or occurrence giving rise to the grievance is not adjusted satisfactorily or should reasonably have become aware of such occurrence. The immediate supervisor shall meet with the grievant within seven (7) working days, it shall be presented to the Plant Engineer days of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation receipt of the grievance, unless an extension and shall make a decision and communicate it in writing within seven (7) working days of such time is mutually agreed to be necessary. 7.04 said meeting. If the grievance is not adjusted by resolved at Step Two, the Plant Engineer, such decision may grievance shall be appealed within ten (10) working days, presented in writing to the Personnel appropriate Xxxx or Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten seven (107) working days of the date of filing receipt of the written appealdecision at Step Two. A written decision The Xxxx or Director shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting meet with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. grievant within seven (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (37) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification receipt of the employee's employment application after grievance, and shall make a period decision and communicate it in writing within seven (7) working days of twelvesaid meeting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having a grievance, or one designated member The Parties to this Agreement are agreed that it is of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt utmost importance to adjust itcomplaints and grievances as quickly as possible. (b) Any A grievance shall be defined as any difference arising out of the interpretation, application, administration, or alleged violation of the Collective Agreement. 9.02 No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the filing of the grievance. 9.03 Grievance properly arising under this Agreement shall be adjusted and settled as follows: (a) The Department Head, a Representative of the Human Resource Department, the Grievor and a Representative of the Union shall arrange a meeting within four (4) days to discuss the grievance. If a settlement satisfactory to the employee and/or the Union grievance committee is not reached within four (4) days from the parties discussing the grievance (or any longer period which may be mutually agreed upon), the grievance may be presented as follows: (b) If a settlement satisfactory to the employee and/or the Union Grievance Committee is not reached within four (4) working days after Step Number (a) hereof (or longer period which may be mutually agreed upon), a meeting shall be arranged through the Human Resources Manager with the appropriate committee of council within ten (10) working days and a decision rendered by the appropriate committee of council. At this stage the aggrieved employee may request the Chief Engineer to call the Committeeperson to handle be accompanied by a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson representative of the employee's request and will make arrangements for the Committeeperson to be present when the grievance Union if his presence is next discussedrequested by either party. (c) If final settlement of the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing completed within two ten (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (510) working days after this presentation deliberations have commenced between the Union Grievance Committee and the appropriate committee of the grievancecouncil, unless an extension of such time is mutually agreed to be necessary. 7.04 If and if the grievance is not adjusted one which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to the Plant EngineerBoard of Arbitration as provided herein, at any time within 9.04 Replies to grievances shall be in writing at all times. 9.05 Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed. 9.06 The Corporation shall supply the necessary facilities for the grievance meetings. 9.07 Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union has a grievance, such decision a question or grievance may be appealed directly submitted to the appropriate Committee of Council for consideration and any prior steps of the Grievance Procedure may be by-passed. The committee of Council shall arrange the meeting and render a decision within ten (10) working days, . 9.08 The time limits set forth in writing to the Personnel Director or grievance Procedure may be extended at any time upon the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days mutual agreement of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance Corporation and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between Section 7.1 A "grievance" is a claim based upon an event or condition which affects the welfare and/or terms and conditions of employment of an employee or group of employees based upon the interpretation or application of any of the provisions of this Agreement. Section 7.2 As both parties acknowledge that it is most desirable for problems to be resolved through free and informal communications, the parties agree that when a possible cause for complaint occurs, the affected employee(s) shall request a meeting with their immediate supervisor in an effort to resolve the problem. An Association representative can be dealt with as speedily and effectively as possible in accordance present with the following procedureemployee at such a meeting. Grievances which are not satisfactorily settled may be formalized in writing as provided hereunder. Section 7.3 The grievance shall state the specific violation or condition with proper reference to the contract Agreement. It shall also set forth names, dates, any other related facts, and the remedy sought which will provide a sound basis for a complete understanding of any such grievance. The grievant will send a copy of the grievance to the Association and the immediate supervisor. 1. Level A - Within ten (a10) Any employee having a grievance, or one designated member days of receipt of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this formal grievance, the Chief Engineer will notify immediate supervisor shall meet with the Committeeperson aggrieved employee if either party deems it necessary. Within ten (10) days of such meeting, the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer immediate supervisor shall render a written decision. A copy of this decision in writing within two (2) working daysshall be forwarded to the grievant and to the Association. 7.03 2. Level B - If the grievance Association is not adjusted satisfactorily satisfied with the disposition of grievance at Level A or if no disposition has been made within seven (7) working daysthe applicable time limit, it shall the grievance may be presented transmitted to the Plant Engineer of Superintendent or designee. Within five (5) days the Power House concerned, before whom Superintendent or designee shall meet with the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of participants on the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievanceSuperintendent or designee, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to days after the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days conclusion of the date of filing of the meeting, shall render their written appealdecision. A written copy of this decision shall be rendered within five (5) working days after hearing forwarded to the appealgrievant and to the Association. 7.05 At any meeting 3. Level C - If the grievance remains unsettled, then the matter may be referred by the Association for final and binding arbitration. The parties shall apply for the selection of an arbitrator under AAA rules. No new grounds or evidence shall be presented in arbitration that has not been made known to the Board or Association prior to the arbitration hearing. The arbitrator shall conduct a hearing and will issue a decision in a timely fashion consistent with the Personnel Director or the designated representativeAAA rules. In their decision, the Grievance Committee may arbitrator shall not have present the power to add to, or subtract from, amend, or modify any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members terms or conditions of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence this Agreement. Except by mutual agreement of the Committeeperson to represent parties, the employee during such interview. It is understood that the interview arbitrator will be scheduled as circumstances permitselected for and will conduct hearings for only one grievance submission. The Chief Engineer arbitrator's decision will send for the Committeeperson without undue delay be in writing and without further discussion will set forth their findings of fact, reasoning, and conclusions of the matterissues submitted. Any employee who has been suspended or discharged Both parties agree to share equally the compensation and expense of the arbitrator. The decision of the arbitrator shall be advised final and binding, except that either party may appeal the arbitrator's decision in writing of the reason therefore, and shall be permitted an interview conformity with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforeRSA 542. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE PROCEDURE. 7.01 A. All disputes and grievances arising between the parties Company and any or all said members shall be dealt with submitted to the Grievance Committee as speedily and effectively as possible in accordance with the following procedureestablished herein. (a) Any employee having a grievance, or one designated member of a group having a grievance, i. The Union shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, elect and the Chief Engineer Company shall render recognize a decision in writing within committee of two (2) working daysmembers, one of whom shall be the chairman, and all of whom shall be members of the Union and employees of the Company. This committee shall be known as the “Grievance Committee”. To this committee shall be referred all questions arising out of the operation of this Agreement, and all disputes regarding the interpretation of this Agreement. 7.03 If the grievance is not adjusted satisfactorily within seven ii. STEP 1 - The aggrieved member (7) working days, it shall be presented to the Plant Engineer in company with members of the Power House concernedCommittee) shall present his grievance, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five thirty (530) working days after this presentation of the circumstance which led to the grievance, unless an extension on the official grievance form to the immediate supervisor outside the bargaining unit or his designate. iii. STEP 2 - Should the immediate supervisor outside the bargaining unit or his designate fail to arrive at a mutually acceptable settlement with respect to the grievance within 3 working days after presentation thereof to him, the aggrieved member (in company with members of the Committee) shall present such time is mutually agreed grievance in written form to the Company within 2 working days of receipt, in writing, of the immediate supervisor outside the bargaining unit or his designate’s decision. The grievance shall thereupon be discussed within 2 working days and a solution with respect thereto shall be sought between the Committee and the Company’s representative. iv. STEP 3 - In the event of failure of the committee and the Company’s representative to agree with respect to the grievance within a further working day, the Union shall be at liberty to call in a Union representative to assist, at a meeting with the Company’s representative to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed held within a further ten (10) working days. Should the matter not be resolved within a further working day, either party may refer it to an arbitration board within fifteen (15) days of the final meeting, providing the other party has been notified, and an arbitration board shall be set up in the following manner. Time limits in all of the above Steps may be extended by mutual agreement of the parties. v. In general, it is intended that grievances which are not resolved shall be submitted to a single Arbitrator; however, either party may elect to submit a grievance to an Arbitration Board of three members, in writing which case the other party shall comply. SINGLE ARBITRATOR - In the event that a grievance is to be arbitrated by a single Arbitrator, the parties to the Personnel Director or Agreement shall attempt to agree on naming the designated representativeArbitrator as soon as the grieving party has submitted notice, before whom in writing, of its decision to proceed to Arbitration. If the employee or group representative concerned parties cannot agree, the Arbitrator shall be represented appointed by the Grievance CommitteeOntario Ministry of Labour. The matter provisions of this Article insofar as they refer to a Board of Arbitration shall be heard between deemed to apply to the Grievance Committee Arbitrator in the performance of his duties. BOARD OF ARBITRATION - The Union and the Personnel Director or Company shall each appoint one (1) member to the designated representative within Board of Arbitration. Both parties shall be allowed ten (10) working days to make such appointments and notify the opposite party. The members thus named shall elect an impartial umpire as chairperson. Failing agreement within a period of ten (10) days as to the choice of such umpire, the Minister of Labour for Ontario shall be requested to appoint and name such an umpire or chairperson, and whether selected by the parties hereto or foresaid, or appointed by the Minister of Labour, the decision of the date majority of filing this arbitration board shall be final and binding on the parties hereto. vi. The arbitration board shall not alter, modify or amend any part of this agreement or make any decision inconsistent with the provisions of this agreement with the exception that where an employee has been discharged or disciplined for cause, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all the circumstances. vii. Each of the written appeal. A written decision shall be rendered within five (5) working days after hearing parties to this agreement will bear the appealexpenses of the arbitrator appointed by it and the parties will share equally the expenses of the chairman. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interviewviii. It is understood intended that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged grievances shall be advised in writing of processed as quickly as possible. Time limits are mandatory and not directory. If the reason thereforegrieving party does not appeal the grievance to the next successive stage within the specified appeal time limit, the grievance shall be deemed to be abandoned and shall not thereafter be permitted an interview with reinstated. If the Committeeperson in an office designated by Management, before responding party does not answer the employee is required to leave grievance within the Plant. Whether called or notspecified answer time limit for each stage, the Committeeperson will grievance shall automatically proceed to the next higher stage. Notwithstanding the above, the appeal and answer time limits as specified may be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforeextended by mutual agreement. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 20.01 Any complaint, disagreement, or difference of opinion between the parties Parties hereto concerning the interpretation, application, operation, or any alleged violation of the terms and provisions of this Agreement shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having considered a grievance. The Company, 20.02 Within fifteen (15) working days (excluding Saturdays, or one designated member Sundays, and General Holidays) of a group having a grievance, shall first take the grievance up with event causing the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when employee involved, together with a Union Representative if they so wish, shall submit the grievance is next discussedin writing to the Department Manager, and they shall endeavour to settle the grievance. (c) 20.03 If the grievance settlement is not adjusted satisfactorilyreached within thirty (30) working days (excluding Saturdays, it shall be reduced to writing and signed by the employee or group representative concernedSundays, and General Holidays) after the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer grievance under Article 20.02, such grievance shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed be deemed to be necessary. 7.04 If settled to the grievance is not adjusted by satisfaction of all concerned unless, within the Plant Engineer, such decision may be appealed within next following period of ten (10) working daysdays (excluding Saturdays, Sundays, and General Holidays), it is referred by the Union to the Centre General Manager or such other representative as the Company may designate in their place. A decision will be rendered in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days (excluding Saturdays, Sundays, and General Holidays) by the said Manager or such other designated representative. 20.04 The grievance shall be deemed to have been settled to the satisfaction of the date of filing of all concerned in accordance with the written appeal. A written decision shall be rendered referred to in the previous article, unless within five ten (510) working days after hearing (excluding Saturdays, Sundays, and General Holidays) of the appealgiving of such written decision, either Party notifies the other that it wishes to refer the grievance to arbitration. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure. 7.05 At any meeting with 20.05 Any of the Personnel Director or time limits set forth herein may be extended by mutual agreement of the designated representative, Parties. 20.06 All controversies as to the Grievance Committee may have present any employee affected in interpretation and application of this Agreement that cannot be settled by the Grievance and any duly accredited representative or representatives of the UnionCompany and the Union shall be submitted to arbitration and heard by a single arbitrator. The Parties will attempt to agree upon a sole arbitrator to hear the grievance. Should the Company and the Union fail to agree upon an arbitrator, the Department of Mediation Services will be requested to appoint an arbitrator. 7.06 Management may have present at any meeting 20.07 In the event of a grievance by the Company, it shall be filed with a representative of the Grievance Committee any employee affected in Union within fifteen (15) working days (excluding Saturdays, Sundays, and General Holidays) of the event giving rise to the grievance under consideration and/or any members and the grievance shall be deemed to have been settled to the satisfaction of Managementall concerned unless within the next following period of thirty (30) working days (excluding Saturdays, Sundays, and General Holidays) the Company notifies the Union that it wishes to refer the grievance to arbitration, in which event arbitration shall proceed as set forth above. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is agreed and understood that that, notwithstanding the interview will provisions of Article 20.07 above, should an employee be scheduled as circumstances permit. The Chief Engineer will send disciplined for theft of any kind or manner, from the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended Company, its customers, employees, or discharged shall be advised in writing of the reason thereforesuppliers, and should a Board of Arbitration or single arbitrator make a finding of fact to this effect, then the Board of Arbitration or single arbitrator in question shall be permitted an interview with the Committeeperson in an office designated by Managementhave no jurisdiction to alter, before the employee is required to leave the Plant. Whether called or notvary, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspensionmodify, or discharge and rescind the reason thereforediscipline imposed by the Company. (b) It is agreed and understood by the Parties that, with respect to Article 20.08 (a) of this Agreement, "theft" shall be defined as: "The wrongful taking away of the goods of another; the act of stealing; the unlawful seizure of any article or articles with the intention of depriving the lawful owner or owners". It is further agreed that "theft" will be deemed to include fraud and embezzlement. (a) No reprimand shall remain on an employee’s file after twelve (12) months, nor shall they be used in disciplinary action after that time. (b) An employee will be tendered given a copy of any warningdiscipline which will be placed on their personnel file. An employee may request and shall receive copies of any discipline on their personnel file. (c) When an employee is required to enter into a meeting with Management which may lead to discipline, reprimanda Shop Xxxxxxx shall be in attendance. In the event that a Shop Xxxxxxx is unavailable, suspension the Company agrees to contact the Union to facilitate attendance of a Union Representative. If the matter requiring the meeting is of an urgent nature, (such as an issue related to physical violence or disciplinary layoff entered on a potential safety threat), and no Shop Xxxxxxx or Union Representative is immediately available, the employee's personnel record within three (3) working days employee may be suspended pending the scheduling of the action takenmeeting, and any lost time may be the subject of a grievance. 20.10 An employee may request to review their personnel file by providing reasonable notice to the Company. In imposing discipline on The review will take place at a current charge, Management time or times mutually agreed to by the employee and the Company. The review will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification be conducted in the presence of the employee's employment application after a period of twelveManager and/or their designate.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 13.01 Any complaint, disagreement or difference of opinion between the parties shall Co-operative and the Union, or the employees covered by this Agreement, which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement, may be dealt with presented as speedily and effectively as possible in accordance with the following procedurea grievance. (a) Any employee having 13.02 Where the Union requires information regarding a grievance, or one designated member grievance dealing with hours of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievancework and/or seniority, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it Co-operative shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of promptly supply such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, information in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative Union within ten (10) working days of from the date of filing the request. The Union shall not use this provision to request information that does not pertain to a specific grievance of an employee. 13.03 Any employee, the written appealUnion or the Co-operative may present a grievance. A written decision Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, shall be rendered within forfeited and waived by the aggrieved party. It is agreed that no more than five (5) working days after hearing the appealshall be counted during each calendar week. 7.05 At any meeting with 13.04 All grievances must be submitted in writing and shall clearly set forth the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance issues and any duly accredited representative or representatives contentions of the Unionaggrieved party. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members 13.05 The procedure for adjustment of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged grievances shall be advised in writing of as follows: STEP 1: By a discussion between the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the aggrieved employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on Shop Xxxxxxx and/or Union Representative with the employee's personnel record immediate supervisor or their designated appointee. The immediate supervisor or their designated appointee shall reply to the grievance in writing, to the Union, within three ten (310) working days of calendar days. A full-time Union Representative shall reply in writing to any grievance initiated by the action takenCo-operative, within ten (10) calendar days. In imposing discipline on If a current chargesatisfactory settlement has not been reached, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the Union Representative and/or aggrieved employee's employment application after a period of twelve, or the Co-operative, as the case may be, may proceed to Step 2.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having Should a grievancedispute arise regarding the application, operation, interpretation or one designated member alleged violation of a group having a grievancethis agreement, an xxxxxxx effort shall first take be made to settle the grievance up with dispute in the Chief Engineer, who will attempt to adjust it.following manner: (b) Any In the event of an employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorilyemployee concerned shall, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification cause of the employee's employment application dispute, seek to settle the dispute with their department manager. At the request of the employee or the department manager the shop xxxxxxx shall attend the grievance meeting. (c) The department manager must meet within three (3) working days of the meeting being requested or as soon thereafter as is reasonable. The department manager must reply in writing within a further three (3) working days after the meeting. (d) If within that time no agreement has been reached the matter may be submitted to the grievance committee in accordance with the provisions of this section. (e) Any grievance must be presented to the grievance committee in writing, within fifteen (15) working days of the cause of the complaint, setting forth the grounds for the complaint and the provision or provisions of the collective agreement which are alleged to have been violated, together with the remedy sought. (f) A grievance committee shall be maintained to consist of two representatives of the Employer and two representatives of the Union. The Union shall appoint its own members to the committee. Such grievance committee shall meet within five (5) working days after any question or difference has been referred to it, and shall render a period decision within ten (10) working days and such decision shall be binding upon both parties. (g) If the grievance committee cannot reach an agreement on the question or difference referred to it, at the request of twelveeither party hereto, the matter shall be referred to an arbitrator, chosen from a list of arbitrators whose names have been agreed to by the Employer and the Union. (h) The decision of the arbitrator shall be binding upon both parties. (i) The cost of the arbitrator shall be borne equally by both parties. (j) If no written request for arbitration is received within ten (10) working days after the decision of the grievance committee is given, the grievance shall be deemed to have been settled. (k) Time limits set out above are mandatory but may be extended by mutual agreement. 12.02 The Employer may terminate, suspend or issue warnings only for just cause. Discipline shall be in writing and shall contain the reasons for the discipline and shall be given to the employee concerned and to the Union if the employee so requests. Any employee who has been discharged and believes the discharge unjustified shall have the right to appeal within three (3) working days.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties A. A grievance shall be dealt with an alleged violation of the expressed terms of this Agreement. B. The following matters shall not be the basis of any grievance filed under the procedure outlined in this article. 1. The termination of services of or failure to re-employ any probationary employee. 2. To any action or lack of action on the part of the Employer which is required by law. C. The Union shall designate a xxxxxxx to handle grievances when requested by the grievant. D. The term "days" as speedily used herein shall mean Monday through Friday excluding holidays and effectively weekends. E. Written grievances as possible required herein shall contain the following: 1. It shall be signed by the grievant or grievants. 2. It shall be clear and specific. 3. It shall contain a synopsis of the facts giving rise to the alleged violation. 4. It shall cite the Article or Section of this Agreement alleged to have been violated. 5. It shall contain the date of the alleged violation. 6. It shall specify the relief requested. F. Any written grievance not in accordance with the following procedureabove requirements may be rejected as improper. Such a rejection shall not extend the time limitations hereinafter set forth. (a) Any employee having G. The Union shall have no right to initiate a grievance involving the right of the grievant without his express approval in writing thereon but the Union may initiate a unit grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further H. All preparation, filing, presentation, discussion or consideration of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request grievances shall be held and will make arrangements conducted at times other than normal working hours for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed grievant or a participating Union representative unless agreed otherwise by the employee or group representative concerned, Employer. Equipment and/or materials and supplies owned by the Chief Engineer Employer shall render a decision in writing within two (2) working days. 7.03 If not used by the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee Employee or the group representative concerned may be represented by the Committeeperson Union for the purpose of any necessary discussion and filing preparing or typing a grievance. I. Where no wage loss has been caused by the action or inaction of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of Employer as set forth in the grievance, unless an extension of such time is mutually agreed the Employer shall be under no obligation to be necessarymake monetary adjustments. 7.04 If J. Awards or grievance settlements will not be made retroactive beyond the date of the occurrence or nonoccurrence of the event upon which the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appealbased. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected K. Time limits established in the grievance under consideration and/or any members of Management. (a) Any procedure shall be followed by the parties. If the time limits are not followed by an employee who is called for an interview concerning disciplineor the Union, may, if the employee so desires, request grievance shall be considered settled on the presence basis of the Committeeperson Employer's last answer. If the time limits are not followed by the Employer, the grievance shall remain active and automatically advance to represent the employee during such interview. It is understood next step, provided, however, that arbitration shall not occur unless the interview will be scheduled as circumstances permitUnion submits a written notice of its desire to arbitrate. The Chief Engineer will send for parties hereto may agree to extend the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised time limits set forth below by mutual agreement in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforewriting. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising SECTION 1. This grievance procedure is established to resolve any specific dispute between the parties employee and the School District concerning, and limited to, the interpretation or application of the provisions of this Agreement. SECTION 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 be dealt with as speedily and effectively as possible in accordance with notified of the following procedureadjustment or settlement of any Step 2 grievance. (a) Any employee having a grievance, or one designated member SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson grievances as hereinafter provided is limited by job duties and responsibilities of the employee's request employees and will make arrangements for the Committeeperson to shall therefore be present accomplished during normal working hours only when the 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 next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing investigated and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer Employer during normal working hours, provided that the employee and the Union Representative have notified and received the approval of the Power House concernedHuman Resource Department, before whom and provided that such absence is reasonable and would not be detrimental to the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing work programs of the grievanceEmployer. The Plant Engineer It is understood that the Employer shall render not use the above limitation to hamper the processing of grievances. SECTION 4. A grievance shall be reviewed in the following manner: Step 1. Any employee claiming a written decision specific disagreement concerning the interpretation or application of the provisions of this Agreement shall, within five twenty (520) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director its first occurrence or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date time the employee reasonably should have knowledge of filing 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 at that time. Step 2. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 by the employee within ten (10) working days after the Employer-designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the employee within ten (10) working days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed at an informal meeting within ten (10) working days of receipt of the written appealgrievance, with the Superintendent of Schools or his representative. The Employer-designated representative shall give the Union the Employer’s answer in writing within ten (10) working days after the review meeting. A written decision grievance not resolved in Step 3 may be appealed in writing to Step 4 by the Union within ten (10) working days following the Employer-designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) working days shall be rendered within considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of PELRA. If a mutually-acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made from a list of five (5) names provided by the procedures of the Bureau of Mediation Services, provided the request is made by the Union to the Bureau of Mediation Services within the stated ten (10) working days after hearing the appealStep 3 response. 7.05 At SECTION 5. The arbitrator shall have no right to amend, modify, nullify, or ignore the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have not authority to make decisions on any meeting with other issue not so submitted. SECTION 6. If a grievance is not presented within the Personnel Director time limits set forth above, it shall be considered “waived.” If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives basis of the UnionEmployer’s last answer. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interviewSECTION 7. It is agreed by the Union and the Employer that, if a specific grievance is determined by this grievance process, it shall not again be submitted for consideration under the provision of any other grievance procedure. It is further understood that if a specific grievance is submitted and determined by an arbitrator or by a recognized independent review process other than this procedure, it shall not again be submitted for review and arbitration under the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised procedures set forth in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforethis Article. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Step One - Any employee having who feels he has a grievance, or one designated member of a group having a grievance, grievance shall first take submit the grievance up with to the Chief Engineerxxxxxxx in writing within three (3) working days, who on forms to be supplied by the Company through his Committeeperson, and a bona fide effort will attempt be made to adjust it. (b) Any employee may request settle the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of at this grievance, the Chief Engineer will notify the Committeeperson step of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) procedure. If the grievance is not satisfactorily adjusted satisfactorily, it the fact shall be reduced to noted in writing on all copies of the forms and signed by the employee or group representative concerned, supervisor and the Chief Engineer Committeeperson. Step Two - If the alleged grievance is not satisfactory settled by the supervisor by the end of the work day following receipt of the grievance, the grievance shall render be placed upon an agenda to be prepared by the bargaining committee for consideration at the conference next following between management and the committee. Step Three - Regular meetings may be held every second week on a day mutually agreed upon between management and the plant union committee, at which time all grievance differences unsettled at that time may be discussed. However, matters pertaining to discharge or other matters which cannot be reasonably delayed, may be presented at any time. The Union will submit its agenda concerning certain items to be discussed at least twenty-four (24) hours before the time of the meeting. The Company agrees to furnish the Union plant committee with minutes it prepared of regular meetings between the Union and management's decision in writing within on appeals taken up at a conference shall be on type written form and shall be rendered to the chairperson of the bargaining committee not later than two (2) working days. 7.03 If days after the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer holding of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose conference. Grievances of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview contentious nature will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing answered separately within one (1) working day of twenty-four (24) hours of the fact request in the conference. The President of written reprimandLocal 251 UAW and/or the International Representative thereof, suspensiondesignated from time to time by the Union for the purpose, may be present and take part in such conferences. Either the Union or the Company may call in specialists at any time. Step Four - Where a difference arises between the parties relating to interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or discharge where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure, notify the other party in writing of its desire to submit the difference or allegation to arbitration. Within ten (10) days from the date of receipt of the notice of appeal, grievances appealed to arbitration will be presented to the arbitrators hereinafter described who will act in rotation in the order that their names appear. 1) The following constitutes the list and the reason thereforerotation of the arbitrators. (bi) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3Xxxx Xxxxxx ii) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelveXxxxx Xxxxxx

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between 5.01 Should a dispute arise regarding the parties application, operation, interpretation or alleged violation of this Agreement, an xxxxxxx effort shall be dealt with as speedily and effectively as possible made to settle the dispute in accordance with the following procedure.manner: (a) Any employee having 5.02 In the event of a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, Driver concerned and the Chief Engineer Circulation Manager (or designate) shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification cause of the employee's employment application dispute seek to settle the dispute. At the request of either party the shop xxxxxxx shall attend the grievance meeting. 5.03 The Driver concerned and the Circulation Manager (or designate) shall meet within three (3) working days of the meeting being requested or as soon thereafter as is reasonable. The party against whom the grievance has been launched must reply in writing within a further three (3) working days after the meeting. 5.04 If within that time no agreement has been reached the matter may be submitted to the grievance committee in accordance with the provisions of this article. 5.05 Any grievance must be presented to the grievance committee in writing, within fifteen (15) working days of the cause of the complaint, setting forth the grounds for the complaint and the provision(s) of the Collective Agreement which are alleged to have been violated, together with the remedy sought. 5.06 A grievance committee shall be maintained, to consist of two representatives of the Company and two representatives of the Union. Such grievance committee shall meet within five (5) working days after any question or difference has been referred to it, and shall render a period decision within ten (10) working days and such decision shall be binding upon both parties. 5.07 If the grievance committee cannot reach an agreement on the question or difference referred to it, at the request of twelveeither party hereto, the matter shall be referred to an arbitrator. Should the parties be unable to agree upon an arbitrator, either party may request the appointment of an arbitrator by the Labour Relations Board. 5.08 The decision of the arbitrator shall be binding upon both parties. 5.09 The cost of the arbitrator shall be borne equally by both parties. 5.10 If no written request for arbitration is received within ten (10) working days after the decision of the grievance committee is given, the grievance shall be deemed to have been settled. 5.11 Time limits set out above are mandatory but may be extended by mutual agreement.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All For the purpose of resolving alleged grievances of employees of the Xxxxxx Police Department arising between out of the parties shall be dealt with as speedily and effectively as possible in accordance with interpretation of this contract, the following procedure.grievance procedure is accepted by the Town: A. The Grievance Committee Chairman of Local 470 (aUnion), or his/her designee shall, within seven (7) Any employee having a calendar days after the employee(s) has become aware, or should have become aware of the occurrence of the event giving rise to the alleged grievance, or one designated member submit to the Chief of a group having a grievance, shall first take Police the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineerin writing. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorilypresented within the time limit set forth above, it shall be reduced considered waived. Any waiver is without prejudice to writing and signed by another person filling a grievance if the employee or group representative concerned, and incident occurs on another occasion in the future. B. The Chief Engineer of Police shall render a decision respond in writing within two (2) working days. 7.03 If concerning the grievance is not adjusted satisfactorily grievance, to the Union within seven (7) working days, it shall be presented to calendar days from the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing receipt of the grievance. If the Chief of Police does not respond within seven (7) calendar days, the grievance shall be deemed denied. C. The Plant Engineer Union may appeal the decision of the Chief of Police to the Town Manager within seven (7) calendar days from receipt of the denial of the grievance from the chief, or if deemed denied, seven (7) days from the expiration of the seven (7) day limit established in Section (B). By mutual consent the timeliness specified in this section and Section (B) may be waived. D. The Town Manager shall render a written consider the grievance within 10 days. A decision in writing shall be delivered to the Union within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 days. If the grievance is not adjusted no answer has been received by the Plant Engineer, such decision may be appealed Union within ten (10) working days, in writing days following the submission of the grievance to the Personnel Director or Town Manager, then the designated representative, before whom the employee or group representative concerned grievance shall be represented by the Grievance Committee. deemed denied. E. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days Union, upon receipt of the date of filing answer from the Manager of the written appeal. A written decision shall be rendered within five (5) working days after hearing Town of Xxxxxx, or upon the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in date that the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning disciplinedeemed denied, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelvehave fifteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having The Union shall form from among themselves a grievance, or one designated member Grievance Committee of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust itnot more than two (2) members. (b) Any employee may request Should any difference concerning the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson alleged violation of the employee's request terms and will make arrangements for conditions outlined in this Collective Agreement arise between the Committeeperson to Employer and the Union, such difference shall be present when settled as outlined below. All time periods and procedures outlined in this Article are mandatory and exclude Saturdays, Sundays and Holidays observed by the grievance is next discussedEmployer. (ci) If An employee having a grievance will make known his/her grievance in writing to his/her Team Manager or designate within five (5) working days of the grievance is not adjusted satisfactorily, it shall be reduced incident giving rise to writing and signed by the employee grievance. The Team Manager or group representative concerned, and the Chief Engineer designate shall render a his/her decision in writing within two three (23) working days. 7.03 If (ii) Failing settlement at the above stage, the Union Xxxxxxx shall present the grievance is not adjusted satisfactorily in writing on a proper grievance form, clearly outlining the article(s) and section(s) of the Collective Agreement allegedly violated and the remedy sought and present it to the Manager, Station Operations or designate within seven five (75) working daysdays of the immediate supervisor's decision in (1), it or failing any such decision, within five (5) working days of the date when the decision ought to have been given, unless a mutual agreement to extend the time limits was made. Otherwise, the matter shall be presented deemed to have been settled or abandoned. The Manager, Station Operations or designate shall render his/her decision in writing within three (3) working days after the presentation of the grievance by the Union Xxxxxxx. (iii) Failing settlement at the above stage, the Business Representative, and Grievance Committee where appropriate, shall present the grievance in writing to the Plant Engineer Director, Customer Service or designate within five (5) working days of the Power House concerneddecision in (ii) or failing any such decision, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing within five (5) working days of the grievancedate when the decision ought to have been given, unless a mutual agreement to extend the time limits was made. Otherwise, the matter shall be deemed to have been settled or abandoned. The Plant Engineer Director, Customer Service or designate shall render a written his/her decision in writing within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessarygrievance by the Business Representative. 7.04 If (iv) Failing satisfactory settlement at the above stage, either party to this Collective Agreement may submit the grievance is not adjusted by the Plant Engineer, such decision may be appealed to arbitration within ten (10) working daysdays of the decision of the Director, in writing to the Personnel Director Customer Service or the designated representativedesignate or failing any such decision, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date when the decision ought to have been given, unless a mutual agreement to extend the time limits was made. Otherwise, the matter shall be deemed to have been settled or abandoned. When either party requests that a grievance be submitted to arbitration, that party will make such request in writing addressed to the other party to this Collective Agreement and at the same time submit at least five (5) names of filing possible arbitrators. Within ten (10) working days thereafter, the other party shall submit at least five (5) names of possible arbitrators. Thereafter, if they are unable to agree upon such arbitrator within a fourteen (14) working day period, the parties may request the Minister of Labour of the written appeal. A written Province of Ontario to appoint such an arbitrator. (c) The decision of the arbitrator shall be rendered final and binding upon both parties concerned and the employee(s) concerned. (d) No person may be appointed as an arbitrator who has been involved in any attempt to negotiate or settle the grievance. (e) The parties will jointly share the expenses of the single arbitrator. Witness fees and allowances shall be paid by the party calling the witness. No arbitration costs shall be awarded to or against either party. (f) The Employer agrees that the Union Xxxxxxx shall be paid for time spent during normal working hours while in meetings with the Employer on matters properly arising out of this Collective Agreement. (g) A Union Xxxxxxx shall be given twenty-four (24) hours notice of a disciplinary meeting, and may attend with the employee at the employee's discretion. (h) It is understood that a policy or Employer grievance may be submitted directly to Step (b) (iii) within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with incident giving rise to the Grievance Committee any employee affected grievance. The other party will respond as outlined in the grievance under consideration and/or any members of ManagementStep (b) (iii). (ai) Any employee who A policy grievance is called for defined as an interview concerning discipline, may, if the employee so desires, request the presence alleged violation of the Committeeperson to represent Collective Agreement affecting a majority of employees or the Employer. (j) If an employee during such interview. It is understood believes that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who he/she has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or notwithout just cause, the Committeeperson will matter may be advised presented as a grievance as prescribed in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. Step (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record (ii) within three five (35) working days of the action taken. In imposing discipline on a current chargewritten notice of such suspension or discharge. (k) A letter of reprimand or suspension will be removed from the record of any employee twelve (12) months following the receipt of such letter or suspension, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of provided that the employee's employment application after record has been discipline free for a period twelve (12) month period. (l) In the event that discipline is to be issued to a bargaining unit member, Management agrees the discipline will be served to the member within ten (10) working days of twelveManagement becoming aware of the incident.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising 17.1 A grievance is defined as a dispute or disagreement as to the interpretations or application of the specific terms and conditions of this Agreement. The purpose of the Grievance Procedure shall be to settle between the parties Berlin Water Works and the Union on as low a level as practical and as quickly as possible so as to insure efficiency and promote employees’ morale. Failure by the employee to submit the grievance with the time limits specified in each step shall constitute an abandonment of the grievance. Failure by the Berlin Water Works to submit a reply within the specified time limits shall be dealt with treated the same as speedily if the grievance had been denied and effectively as possible therefore may be appealed to the next step in accordance with the time limits provided herein. Any and all time specified in the grievance procedure may be waived by mutual agreement of the parties. Employees may present individual or collective grievances to the Union who, as a representative of these employees, may present this grievance; but, if it is to be presented, it must be done within three (3) working days from the time of its alleged occurrence or whenever an employee becomes aware of its existence, in the following procedure.manner: (a1) Any The aggrieved employee having a grievance, or one designated member of a group having a grievance, and shop xxxxxxx shall first take verbally discuss the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineeremployee’s immediate supervisor. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it The immediate supervisor shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render give a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented verbal answer to the Plant Engineer of employees’ grievance within the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of next twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforesupervisor’s work schedule. (b2) If the answer is not satisfactory to the employee, an appeal may be taken to the General Xxxxxxx (Department Head) by the aggrieved employee with the approval of the Union through its duly authorized representative, or agent, in writing, with an answer to be given within two working days. Said written grievance to be presented to be presented on a Grievance Form and said form shall provide clear identification of the grievant employee to include the employee’s name, classification, hire date, work location by division and the name of his/her immediate supervisor. Said form shall be signed by the employee and the members of the Grievance Committee, members elected by the employees and/or representatives of the Union having the right to investigate all grievances. Said Grievance Form shall provide adequate space so that a description of the grievance can be given, the specific section(s) of the contract alleged to be violated, the settlement desired, the signature and date of the employee, the signature of the Union representative, space for management’s reply, the signature of the person representing management, the date, space for grievant to indicate whether or not said decision is or is not satisfactory to the grievant employee and space for said employee’s signature and date to indicate same. The employee will Grievance Form shall be tendered prepared in two(2) copies with one going to the Union and one going to the Berlin Water Works. The General Xxxxxxx shall give a copy of any warning, reprimand, suspension or disciplinary layoff entered on written answer to the employee's personnel record appeal within the next forty-eight (48) hours of the General Xxxxxxx’x work schedule. (3) If the reply and decision given by the General Xxxxxxx (Department Head) is not satisfactory to the employee, an appeal may be taken to the Superintendent of the Berlin Water Works by the aggrieved employee and the Union Grievance Committee on the required Grievance Form; and said Superintendent after a hearing or hearings, shall give an answer within three (3) working days days. (4) If the reply and decision given by the Superintendent is not satisfactory to the employee, an appeal may be taken to the Board of Water Commissioners of the action taken. In imposing discipline Berlin Water Works by the aggrieved employee and the Union Grievance Committee on a current chargethe required Grievance Form; and said Board of Commissioners shall hear the Grievance at their next regularly scheduled meeting after the hearing or hearings, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on shall give an employee for falsification of the employee's employment application after a period of twelveanswer within ten

Appears in 1 contract

Samples: Working Agreement

GRIEVANCE PROCEDURE. 7.01 1. It is hereby agreed that during the life of this Agreement, there shall be no strike, slowdown or work stoppage on the part of the Union nor shall there be a lockout on the part of the Co-operative. 2. A grievance is defined as an alleged violation of a specific Article or Section of this Agreement or unfair treatment. The Co-operative or the Union may present a grievance. Any grievance which is not presented within ten (10) calendar days of the event shall be forfeited and waived by the aggrieved party. 3. All grievances arising between the parties shall be dealt with submitted in writing and shall clearly set forth the issues and 4. The procedure for adjustment of disputes and grievances will be as speedily and effectively as possible in accordance with the following procedure.follows: (a) Any employee having By a grievance, or one designated member of a group having a grievance, shall first take discussion between the grievance up Shop Xxxxxxx (with the Chief Engineer, who will attempt to adjust itaggrieved employee present or absent at their option) and the Department Manager. The Staff Representative and Human Resources Manager may also be involved. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of If this grievancematter is not resolved in five (5) calendar days, the Chief Engineer will notify grievance shall be submitted to the Committeeperson of Human Resources Manager, who shall give a written decision on the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussedmatter within five (5) calendar days. (c) If Failing agreement of subsection (b), the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed dealt with by the employee or group representative concernedGrievance Committee, the Human Resources Manager and the Chief Engineer General Manager. The General Manager shall render a written decision in writing within two (2) working days. 7.03 If on the grievance is not adjusted satisfactorily matter within seven (7) working calendar days. (d) If a satisfactory settlement cannot be reached then, it upon request of either party, the matter shall be presented referred to the Plant Engineer Board of Arbitration established by Article 12. 5. After the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose completion of any necessary discussion and filing of step in Section 4, if the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of Grievance Committee does not proceed to the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed next step within ten (10) working calendar days, the grievance shall lapse. 6. All negotiations, with respect to disputes and grievances, shall be dealt with during regular working hours and no employee shall suffer any loss of pay for time spent in writing such negotiations. 7. The parties may agree to the Personnel Director or appointment of a Mediator to assist in the designated representativeresolution of a dispute. 8. Timelines in this grievance procedure can only be extended by mutual agreement, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard in writing, between the Grievance Committee Union and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appealCo-operative. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances 8.01 Differences or disputes arising from the interpretation or application of the collective agreement between the parties Employer and the employee shall be considered as grievances and shall be dealt with as speedily and effectively as possible in accordance with the following procedure.manner, and all grievances shall be submitted and answered in writing, and shall state the Article(s) and clause(s) in dispute, the nature of the grievance and the remedy sought: (a) Any Step 1: An employee having a grievancegrievance shall present it to his Union in writing, or one designated member of a group having a grievance, and they shall first jointly take the grievance matter up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this of the event giving rise to the grievance to the Departmental Head or designate within the Home, who shall have four (4) working days in which to render a decision. One member of the Union Committee employed at the same Home as the grievor may also assist in presentation of the grievance. Failing a satisfactory settlement, unless an extension the second Step of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned procedure shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative invoked within ten four (104) working days of the date of filing Departmental Head or designate’s answer, as follows: Step 2: The grievor, Xxxxxxx, and Union Committee member shall take the grievance up with the Administrator of the written appeal. A written decision Home or designate, who shall be rendered within five have four (54) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativeto render a decision. If a settlement is not reached, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing submitted within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (34) working days of the action takenAdministrator's or designates answer to Step 3 of this procedure. Step 3: The grievance shall be submitted to the Director of Long Term Care and Services for Seniors or designate who shall render a decision within four (4) working days. In imposing discipline on The grievor may be represented at this Step by the Union Committee. A representative from the Corporate Services Department shall participate in the proceedings at this Step. Failing a current chargesatisfactory settlement, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification the Fourth Step of the employee's employment application after grievance procedure shall be invoked within four (4) working days of the answer of the Director of Long Term Care and Services for Seniors. The grievance shall be submitted to the Chief Administrative Officer or his designate, which will meet with the Union Committee within fourteen (14) days of the date of request for such meeting. The decision of the Corporate Services Department shall be given within seven (7) working days from the date of such meeting where the Union specifically requests the matter will be heard by the Chief Administrative Officer. If the parties at this Step are unable to reach a period satisfactory settlement, then the matter shall be taken to arbitration within fifteen (15) working days, as defined in the Ontario Labour Relations Act. Once the grievance procedure is fully exhausted and prior to the scheduling of twelvean arbitration hearing, the parties may retain the assistance of an impartial mediator in an effort to resolve any disputes referred to arbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 7.01 All a) Both the Commissioners and the Union emphasize the desirability of a satisfactory grievance procedure, the purpose of which will be to settle as many grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedurea prompt and civil manner. (ab) Any employee having a grievanceThe Commissioners acknowledge the right of the Union to appoint, or one designated member otherwise select, a Grievance Committee of a group having a grievance, three (3) members who shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson be employees of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it Commissioners. The Commissioners shall be reduced to writing informed of the names of the Committee’s members and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision be informed promptly in writing within of any changes in the Committee’s membership. It is agreed that no more than two (2) working daysof the committee members will be granted leave to attend meetings at any one time. 7.03 If the grievance is not adjusted satisfactorily within seven (7c) working days, it shall be presented Xxxxx to the Plant Engineer formal filing of the Power House concerneda grievance, before whom the employee or the group representative concerned an xxxxxxx effort may be represented made to settle the dispute informally by the Committeeperson for aggrieved employee(s) together with his shop xxxxxxx if he so desires, seeking a resolution from the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision immediate managerial supervisor within five (5) working days after the incident giving rise to the dispute became known, or should have become known to the employee. Any settlement(s) of disputes dealt with in accordance with the above shall be without prejudice to either party in relation to the interpretation and application of this presentation agreement. d) Disputes arising between the Commissioners and any employee(s) regarding the interpretation, meaning, operation or application of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, or should any other dispute arise, the grievancematter(s) will, unless an extension of such time is mutually agreed subject to (c) above, be considered to be necessary.a formal grievance and be dealt with as follows: 7.04 If STEP 1 The aggrieved employee(s) shall submit a Local 43 Grievance Form to the grievance is not adjusted immediate managerial supervisor signed by the Plant Engineer, such decision may be appealed within ten (10employee(s) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered Xxxxxxx, within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director being refused redress by said supervisor, or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of event the Union. 7.06 Management may have present at any meeting with process outlined above has not been followed, within five (5) working days after the Grievance Committee any employee affected in incident giving rise to the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspensionbecame known, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on should have become known to the employee's personnel record within three . Within five (35) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification receipt of the employee's employment application grievance the Department Manager and/or his designated representative will arrange to meet with the employee and his Xxxxxxx. The Department Manager will issue a formal reply to the grievance within five (5) working days of this meeting. STEP 2 Failing satisfactory settlement under Step 1, the Union may, within five (5) days after a period receipt of twelvethe step one reply, forward the grievance to the Manager, Human Resources, or his designated representative. At the earliest convenience of the parties, the Manager, Human

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 ‌ 3.1 The purpose of this Article is to establish a procedure for the settlement of grievances which involve the interpretation and application of a specific provision of this Agreement, including a grievance protesting the discharge or other discipline of an employee. All such grievances arising between the parties shall be dealt with handled as speedily and effectively as possible provided in accordance with the following procedurethis Article. (a) Any employee having a grievance, Step 1. A local union officer or one designated member of a group having a grievance, representative shall first take present the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of immediate supervisor, for Cafeteria Employees the Power House concernedFood Service Director, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within or ten (10) working days, days during school summer vacation after the date on which the circumstances giving rise to the grievance first became known to the aggrieved employee. Step 2. If the grievance has not been settled in Step 1 the Local Union Officer or Representative shall present the grievance in writing to the Personnel Director Building Principal of the aggrieved employee within five (5) working days or the designated representative, before whom the employee or group representative concerned ten (10) days during school summer vacation after its submission under Step 1. The grievance shall be represented signed by the Grievance CommitteeLocal Union Officer or Representative and the aggrieved employee and shall specify the provision or provisions of this Agreement alleged to have been violated. At the request of either party, the aggrieved employee shall be present at this Step. The Building Principal shall attempt to adjust the matter and shall give his/her answer in writing within three (3) working days. Step 3. If the grievance has not been settled in Step 2, it may be heard between presented in writing by the Grievance Committee and the Personnel Director Local Union Officer or Representative to the Superintendent or his/her designated representative within five (5) working days. Step 4. If the grievance has not been settled in Step 3, it may be presented in writing by the Local Union Officer or Representative to the School Committee (by written notice to the Chairman) within ten (10) working days after the answer of the date of filing of Superintendent or his/her designated representative is due. The School Committee shall hold a hearing on the written appealgrievance and shall afford the Union an opportunity to offer evidence, to examine and cross-examine witnesses, and to present arguments orally and in writing. A written decision shall be rendered within five Within twenty (520) working calendar days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representativecompletion of evidence and argument, the Grievance School Committee may have present any employee affected shall render its decision in the Grievance and any duly accredited representative or representatives of the Unionwriting. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances arising between the parties as quickly as possible. 7.02 Grievances shall be dealt with adjusted and settled as speedily and effectively as possible follows: Step No. 1 The aggrieved employee shall present his/her grievance orally in accordance with writing to his/her xxxxxxx within ten (10) days of incident or facts giving rise to the following procedure. grievance. The employee shall have the assistance if he/she so desires. If a satisfactory settlement is not reached within 48 hours (aor any longer period which may be mutually agreed upon) Any employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up may be presented as follows: The aggrieved employee shall with the Chief Engineerhis/her xxxxxxx, who will attempt to adjust it. present his/her grievance (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it which shall be reduced to writing and signed on a form supplied by the Union and approved by the Company) to the Plant Superintendent, who shall consider it in the presence of the aggrieved employee or group representative concernedwith his/her xxxxxxx and his/her xxxxxxx, and the Chief Engineer shall render a his/her decision in writing. The aggrieved employee shall submit his/her grievance in writing within two (2) working days. 7.03 to the Union Grievance Committee. The Union Grievance Committee shall meet as promptly as possible with the manager to consider the grievance and they may be accompanied by a representative of the International organization if his/her presence is requested by either party. If final settlement of the grievance is not adjusted satisfactorily completed within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievancedeliberations have commenced, unless an extension of such time is mutually agreed to be necessary. 7.04 If and if the grievance is not adjusted a matter, which concerns the interpretation or alleged violation of this Agreement, the grievance may then be referred to Step No. 4 below. If no alternative is reached at Step No. 3, the grievance will be referred to the Ontario District Council Representative and the Employer Labour Relations Representative for discussion. If no satisfactory settlement can be reached by the Plant Engineerparties, such decision either party may be appealed refer the grievance to Arbitration as provided for in Article 8 below, within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working 30 days of the date of filing of the written appealgrievance being referred to Step No. A written decision shall be rendered within five (5) working days after hearing the appeal4. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any employee having a grievanceThe purpose of the following grievance procedure shall be to settle, or one designated member as quickly as possible, disputes concerning the interpretation, application, and enforcement of a group having a grievance, shall first take the grievance up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion express provisions of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforeAgreement. (b) The aggrieved employee will be tendered a copy shall take up the grievance with his/her immediate supervisor within five (5) days of any warningits occurrence or the time the aggrieved party could reasonably have acquired knowledge of the event. The supervisor shall attempt to adjust the matter at that time. If the grievance is not settled during informal discussions within ten days of its occurrence and the employee wishes to press the matter, reprimand, suspension or disciplinary layoff entered within two (2) days he/she shall present it in writing on the employee's personnel record City/Association approved grievance form to his/her supervisor. The supervisor shall respond to the employee in writing within three (3) working days thereafter. (c) If, after referral to the Association's Grievance Committee, the matter is to be pursued, within five (5) days of the action takensupervisor's written reply, the employee shall submit his/her grievance in writing to his/her Commanding Officer who shall reply in writing within three (3) additional days. (d) If this procedure does not resolve the grievance, the employee shall present his/her grievance, in writing, to the Chief of Police within three (3) days of the Commanding Officer's reply. The Chief of Police shall arrange for such meetings and investigations as are necessary to enable him/her to respond in writing to the aggrieved within ten (10) days from the receipt of said grievance. (e) Within five (5) days from receipt of the written response from the Chief of Police, the employee may present the grievance, in writing, to the Reno City Manager, accompanied by all correspondence on the matter. If the grievance has not been settled within ten (10) workdays of the date of submission to the City Manager, the Association may, within ten (10) workdays of the date of the City Manager's decision, notify the City Manager in writing that it is submitting the grievance to arbitration. (f) Within ten (10) workdays of receipt by the City Manager of notification of submission to arbitration, an arbitrator shall be selected by mutual agreement, or by alternately striking names from the list of arbitrators attached hereto as Appendix A of this Agreement. The Association will strike the first name. (g) The arbitrator shall not have authority to modify, amend, alter, add to or subtract from any of the provisions of this Agreement. (h) The proceedings shall be conducted in accordance with American Arbitration Association's Voluntary Rules of Arbitration. (i) The decision of the arbitrator shall be final and binding on all parties concerned so long as the award does not cost the City an amount in excess of twenty-five thousand dollars ($25,000.00) per grievance. In imposing discipline on the event the arbitrator's award would cost the City in excess of twenty-five thousand dollars ($25,000.00) per grievance, the arbitrator's decision shall be advisory only to the City Manager, who shall make the final decision. (j) The costs of arbitration shall be borne as follows: (1) The expenses, wages and other compensation of any witness called before the arbitrator shall be borne by the party calling such witness. Other expenses incurred such as professional services, consultation, preparation of briefs and data to be presented to the arbitrator shall be borne separately by the party incurring the expense. (2) The arbitrator's fees, expenses, and the cost of any hearing room shall be borne by the losing party to the arbitration. The arbitrator will be requested to specify the payer of costs. (3) If a current chargecourt reporter is requested by either party or the arbitrator, Management the arbitrator will not take into account determine payment of the costs of the reporter and transcripts. (k) The time limits specified in the preceding sections may be extended by agreement of both parties. A day is considered in this Article to be a workday (Monday through Friday) excluding any prior infractions which occurred more than holiday. (l) The Association shall provide the City with the names of the three members of the Association's Grievance Committee and, should they be replaced, keep the City informed of their successors. If he/she so wishes, an aggrieved employee may be accompanied by one (1) year previously nor impose discipline member of the Association's Grievance Committee at any and each stage of the grievance procedure, subsequent to the informal discussion with his/her supervisor. If he/she wishes, the aggrieved employee may present his/her grievance while on duty. (m) Nothing contained herein shall preclude an employee, with or without representation, from bringing a problem not covered herein through the chain of command to the Chief of Police and then to the City Manager on an employee informal and oral basis. (n) All complaints involving or concerning payment of compensation shall be filed in writing and no adjustments shall be retroactive for falsification more than sixty (60) days from the date of the employee's employment application after a period of twelvefiling.

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any It is the desire of the parties hereto that complaints of employees be adjusted as quickly as possible. If an employee having a grievance, or one designated member of a group having a grievance, has any complaint he/she shall first take discuss the grievance up matter with the Chief Engineer, who will attempt to adjust itxxxxxxx concerned and may have the assistance of his/her Committee member if he/she so requests. (b) Any An employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance having complied with the Chief Engineer. Without further discussion provisions of this grievance, Section 13 (a) and who believes that the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is complaint has not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not been adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the lodge a written grievance. The Plant Engineer employee shall render a written decision within five (5) working days after this presentation be entitled to have the assistance of his/her Committee member in preparing such grievance on forms supplied by the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If Company. The Committee member shall give the grievance is not adjusted to the Local Human Resources Representative who will forward it to the proper level of authority for review and reply. As part of this review, the grievance will be discussed by Management representatives, the Zone Committee member, the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee Chairperson and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appealgrieving employee, if required. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in reply to the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record given within three (3) working days of the action takenpresentation of the grievance unless the employee is working 12 hour shifts in which case the written reply will be given within five (5) working days. In imposing discipline on a current chargeUnless the parties have agreed to waive or extend the following time limit, Management will not take into account it shall be optional to the Company to decline to consider any prior infractions grievance the alleged circumstances of which occurred more than one five(5) working days prior to its presentation except in the case of a grievance claiming failure on the part of the Company to give the required notice of recall, in which instance, the period of time shall be thirty (130) year previously nor impose discipline on days. A further exception would involve an employee for falsification employee, with seniority, who is suspended, in which instance, the period of time shall be five (5) working days from the employee's employment application receipt of written notice. Probationary employees are entitled to lodge a grievance in the same manner, and to the same extent as regular employees, except with respect to their termination of employment. (c) If the decision given under Section 13 (b) is not satisfactory to the employee, the grievance may be presented within five (5) working days after such decision by the employee's Committee member to the local Human Resources Representative to be taken up at a period meeting arranged between management and the plant committee which will be held within five (5) working days from the time of twelvereceipt of the grievance. Unless otherwise agreed Management shall give its decision in writing to the Plant Committee Chairperson or his/her designate within 5 working days following the meeting. (d) If the decision of Management is not satisfactory to the employee concerned, the Chairperson of the Plant Committee may, by serving written notice within fifteen (15) days of the date on which Management's decision was received, appeal therefrom to an impartial arbitrator, selected by the Company and the Union. If the Company and the Union cannot agree within five

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between the parties shall be dealt with as speedily and effectively as possible in accordance with the following procedure. (a) Any An employee having a grievancegrievance shall present it to his xxxxxxx in writing, or one designated member of a group having a grievance, who shall first take the grievance it up with the Chief Engineer, who will attempt to adjust it. (b) Any employee may request the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineerhis immediate supervisor. Without further discussion of this grievance, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it It shall be reduced optional to writing the Company to decline to consider any grievance the alleged circumstances of which originated or occurred more than five (5) days, exclusive of Saturdays, Sundays and signed by paid holidays, prior to its presentation or five (5) such days from the time the employee or group representative concerned, the Union became aware or should have aware of such occurrence. The immediate Supervisor shall deal with the written grievance and the Chief Engineer shall render a his decision thereon in writing within two (2) working days. 7.03 , exclusive of Saturdays, Sundays and paid holidays, following the day upon which he received the written grievance. If the grievance is not adjusted satisfactorily within seven (7) working daysby said supervisor and the xxxxxxx, it shall be presented taken up by the Union committee and management at the next meeting between the management and the Union committee, provided that the Union com- mittee shall have given the management notifi- cation in writing of the full details of said grievance at least twenty-four hours prior to said meeting. Management’s decision shall be rendered in writing to the Plant Engineer Chairman of the Power House concernedUnion committee not later than three (3) days, before whom exclusive of Saturdays, Sundays and paid holidays, after the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing holding of the grievancemeeting. The Plant Engineer Grievances which cannot be satisfactorily settled as herein provided shall render a written be reviewed jointly by representatives of the National Union and senior Management. Management’s decision within shall be rendered in writing to the Chairman of the committee not later than five (5) working days days, exclusive of Saturdays, Sundays and paid holidays, after this presentation the joint review by representatives of the grievanceNational Union and senior Management. If an employee’s grievance is that he has been unjustly dealt with or unjustly discharged, unless the con- sideration of his grievance may include not only the merits of the case, but also what, if any, compen- sation shall be paid for the time lost in the event his reinstatement is agreed upon. Grievances which are not satisfactorily settled after the grievance procedure has been exhausted may be referred to an extension arbitrator, whose decision shall be final and binding, providing the party desiring to proceed to arbitration gives to the other party notice of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within desire ten (10) working days, in writing to exclusive of Saturdays, Sundays and paid holidays, after receipt of the Personnel Director decision rendered at or following the designated representativejoint review by senior Management and the National Union. If the parties cannot agree on an arbitrator, before whom the employee or group representative concerned appointment shall be represented made by the Grievance CommitteeMinister of Labour for Canada. An arbitrator shall not alter, add to, subtract from, modify or amend any part of this agreement, he shall, however, in respect of a grievance involving a penalty, be entitled to modify or set aside such penalty as in the opinion of the arbitrator is just and equitable. The matter following special procedure shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days applicable to a grievance alleging improper dis- charge of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. (a) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification suspension of the an employee's employment application after a period of twelve:

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between 5.1 A grievance, as used in this Agreement, is defined as an alleged breach, misinterpretation or misapplication of terms of this Agreement. Matters within the parties shall be dealt with as speedily and effectively as possible jurisdiction of the Department of Civil Service, including but not limited to suspensions, reduction in accordance with rank, discharges or any other administrative action affecting the following classification or status of an employee, are not subject to the grievance procedure. (a) Any employee having a grievance, or one designated member 5.2 No settlement of a group having grievance shall contravene the provisions of this Agreement. 5.3 A day, as used in this Agreement, is defined as a grievanceweekday, which shall first take exclude Saturday, Sunday and official Township holidays. 5.4 An aggrieved person must verbally present the grievance up with to the Chief Engineer, who will Immediate Supervisor within 15 days of the occurrence of the event giving rise to the grievance or within 15 days of when the aggrieved person should reasonably have known of its occurrence. The Immediate Supervisor shall attempt to adjust itthe matter within seven (7) days by meeting with the aggrieved person and shall render a decision in writing, with copies to the Director of Public Safety and to the President of XXXX. (b) Any employee may request 5.5 If the Chief Engineer to call the Committeeperson to handle a specified grievance aggrieved person is not satisfied with the Chief Engineer. Without further discussion of this grievancedecision required in Section 5.4, or if no decision is rendered within the seven (7) days period, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, aggrieved person and presented to the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily Director of Public Safety within seven (7) working daysdays after the decision is rendered or after the expiration of the seven (7) day period, if no decision is rendered. The written grievance shall be dated and signed by the aggrieved party and shall set forth the facts upon which the grievance is based, including dates and names of other persons involved, the provision(s) of this Agreement that are alleged to have been violated, and the remedy desired and attached thereto shall be a copy of the decision at the first level, if rendered. The aggrieved person shall serve a copy of the written grievance upon the individual rendering a decision at the first level of this procedure and upon the President of XXXX. The Director of Public Safety, or the designated representative of the Director of Public Safety shall meet with the aggrieved person, the President of XXXX, or his or her designee, and the individual rendering the decision at the first level of this procedure. The decision of the Director of Public Safety shall be rendered, in writing, within seven (7) days after the grievance is presented to the Director of Public Safety with copies to the Township Manager and the President of XXXX. 5.6 If the aggrieved person is not satisfied with the decision rendered in Section 5.5 or if no decision is rendered within the seven (7) days period, it shall be presented to the Plant Engineer Township Manager within seven (7) days after the decision is rendered or after the expiration of the Power House concernedseven (7) day period provided for in Section 5.5, before whom if no decision is rendered. The written grievance shall include the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion information set forth in Section 5.5 and filing shall have attached copies of the grievancedecisions rendered at the first and second levels, if rendered. A copy of the grievance shall be served upon the Director of Public Safety and the President of XXXX. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievanceTownship Manager, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision Township Manager, shall be rendered within five (5) working days after hearing the appeal. 7.05 At any meeting meet with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance aggrieved person and any duly accredited representative or representatives representation of XXXX designated by XXXX in an attempt to adjust the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of Management. matter within twenty-one (a21) Any employee who is called for an interview concerning discipline, may, if the employee so desires, request the presence of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason thereforecalendar days, and shall be permitted an interview render a decision in writing, within twenty-one (21) calendar days, with copies to the aggrieved person, the Director of Public Safety, and the President of XXXX. 5.7 In the event a grievance is not settled to the satisfaction of all parties at the conclusion of Section 5.6, XXXX may, within seven (7) days after the decision of the Township Manager serve notice on the Township Manager that the matter is being referred to final binding arbitration. If the Township Manager has not met with the Committeeperson grievant as outlined in an office designated section 5.6, XXXX may on the 22nd day after the grievance was submitted to him or her serve notice on the Township Manager that the matter is being referred to final, binding arbitration. The arbitrator shall be chosen according to the provisions of N.J.A.C. 19:12-5.1 et seq. The arbitrator's decision in the matter shall be final and binding on all parties. The arbitrator's costs and fees shall be borne equally by Managementthe parties, before but each party shall be solely responsible for the employee cost it incurs in the production of testimony or evidence. 5.8 If a grievance is required to leave not appealed within the Plant. Whether called or nottime limits set forth above, the Committeeperson will grievance shall be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason thereforedeemed settled. (b) The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of the employee's employment application after a period of twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 All grievances arising between 22.01 A grievance is any written complaint made by an employee or group of employees or the parties Union concerning pay, working conditions, terms of employment, or application of this Agreement. 22.02 Before submitting a grievance, an employee is encouraged to discuss the matter with the Employer. An employee, if he/she so desires, is entitled to be assisted or represented by the Union during such discussions. 22.03 A grievor is entitled to be represented by the Union at each step of the grievance procedure, and the employee shall be dealt granted leave with as speedily pay to attend any and effectively as possible all grievance hearings. 22.04 An employee who wishes to present a grievance may submit his/her grievance to the National President. The grievance must be submitted to the National President, not later than the twenty- fifth (25th) day after the date on which he/she is notified orally, or in accordance with writing, or on which he/she becomes aware of the following procedureaction or circumstances giving rise to the grievance. (a) Any employee having a grievance, or one designated member of a group having a grievance, shall first take A written reply will be given by the grievance up with Employer to the Chief Engineer, who will attempt to adjust it.grievor and his/her (b) Any employee may request Failing a reply from the Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of this grievanceEmployer, the Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be present when the grievance is next discussed. (c) If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days. 7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Power House concerned, before whom the employee or the group representative concerned may be represented by the Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary. 7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within grievor has ten (10) working days from the expiry of the date of filing time limit in Article 22.05(a), in which to submit the grievance to the next step. 22.06 Subject to Article 22.08, if the decision of the written appealNational President is not satisfactory to the grievor, he/she may submit the grievance to an arbitrator within twenty (20) working days. A written decision single arbitrator shall be rendered appointed by mutual agreement. If this method fails, the appointment shall be made by the Minister of Labour for Ontario, upon the request of either party. The decision of the Arbitrator shall be made in writing within five seven (57) working days after hearing the appealhearing, except by mutual consent. The decision of the Arbitrator shall be made in writing within seven (7) days after the hearing, except by mutual consent. 7.05 At 22.07 The time limits set out in this procedure may be waived or extended by mutual agreement. 22.08 Grievances with respect to: (a) matters arising from the interpretation, application, administration, or alleged violation of this Agreement; or (b) disciplinary action, discharge, suspension, financial penalty, or any meeting with the Personnel Director or the designated representativeother matter, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives can be referred to an arbitrator. The decision of the Union. 7.06 Management may have present at any meeting with the Grievance Committee any employee affected in the grievance under consideration and/or any members of ManagementNational President is final and binding on all other matters. (a) Any employee who is called for The Union or the Employer may submit a matter directly to an interview concerning disciplinearbitrator on any difference between the parties arising from the interpretation, mayapplication, if the employee so desires, request the presence administration or alleged violation of the Committeeperson to represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with the Committeeperson in an office designated by Management, before the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore.this Agreement; (b) Before submitting a grievance of this nature, the party concerned is encouraged to discuss the matter with the other party involved. 22.10 The employee will decision of the arbitrator shall be tendered a copy final and binding. In respect of matters referred to him/her, the arbitrator shall have the authority to cancel, modify or amend any warning, reprimand, suspension prior decision of the Employer. 22.11 A grievance related to the interpretation or disciplinary layoff entered application of this Agreement must be authorized by the Union prior to its presentation to the Employer. 22.12 All Arbitration expenses shall be shared equally by the Union and the Employer. 22.13 Maintenance of normal earnings shall be provided by the Employer for all Union Representatives acting on the employee's personnel record within three (3) working days of grievance procedure and the action taken. In imposing discipline on a current chargegrievor, Management will not take into account up to and including arbitration. 22.14 No grievance shall be considered invalid by any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee for falsification of formal or technical objection, providing the employee's employment application after a period of twelveprocedures have been observed correctly.

Appears in 1 contract

Samples: Collective Agreement

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