Common use of Grievances Clause in Contracts

Grievances. 16.01 All matters pertaining to the proper application and interpretation of any and all of the provisions of this Agreement shall be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Grievances. 16.01 All matters pertaining Section 1. For the purposes of this Agreement, a grievance shall be defined as: Any complaint by an employee in the unit covered by this agreement that (1) he has been subject to a violation, inequitable application or misinterpretation of a specific provision of this Agreement or (2) he has been subjected to unfair or discriminatory act contrary to established policy and practice. A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim. Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the proper application problems, which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and interpretation confidential as may be appropriate at any level of any this procedure. Whenever a grievance is concerned directly with the School Committee or the Superintendent, the aggrieved person may initiate said grievance at Level 2. The grievance shall be returned to Level 1 if so decided at Level 2 or Level 3. Section 3. All documents, communications, and all records dealing with the processing of a grievance will be filed separately from the personnel files of the provisions participants. Section 4. Each employee shall have the right to bring matters of personal concern or grievances as herein defined later to the attention of appropriate officials. Nothing contained in this Agreement shall be adjusted by construed to prevent any teacher or group of teachers not acting on behalf of any employee organization or representing anyone but themselves from at any time discussing any problems with any of their supervisors, the accredited representative of Allied EmployersSchool Committee, Inc., and the accredited representative or other representatives of the Union. In School Committee without the event previous consent of the failure Association, nor shall any action taken by said supervisors, School Committee or its representative as a result of these parties to reach a satisfactory adjust­ ment within seven (7) days from such discussion be the date subject of a grievance or otherwise legally contested by said Association unless such action is filed in writing by either party upon the other, the matter shall be referred for final adjustment to specific and direct contravention of a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions specific provision of this Agreement. The Association will be notified and have the right to attend any such session above the level of Principal. Any teacher covered by this contract may present individually his grievance without representation by the Association; provided, but however, that with respect to any grievance above Level 1, the Association shall be authorized given timely notice of the grievance's presentation at such steps and shall have opportunity to be heard on the grievance before its disposition if the Association shall, within the five (5) days following receipt of such notice, advise the Superintendent of its desire to be so heard. Section 5. Any party in interest may be represented at all stages of the grievance procedure by a person of his own choosing except that he may not be represented by a representative or an officer of any teacher organization other than the Association or its affiliates. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure, except at Level 1. Section 6. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding or difference between the parties arising out of acts which occurred prior to interpret existing provisions the execution of this Agreement as they apply agreement shall be submitted to the specific facts Committee under the provision of this Article. Section 7. If, at the end of the issue in dispute. 16.02 During fifteen (15) school days next following the process occurrence of making adjustments under any grievance, (or when the rule and procedures set forth in Section 16.01 above, no strike or lockout teacher should reasonably have had knowledge of such occurrence) the grievance shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless not have been presented in writing at Level 1, set forth below, the grievance shall be deemed to have been waived; and any such grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within ninety the time specified thereof in this Article. Section 8. Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits, and conditions set forth below: Level 1. A teacher with a grievance shall first discuss it with his principal or immediate supervisor with the object of resolving the matter informally. Level 2. If the teacher is not satisfied with the disposition of his grievance at Level 1 or if no decision has been rendered within five (905) school days after presentation of the grievance, he may submit the grievance in writing simultaneously with the Superintendent of Schools and with the President of the Association within ten (10) days from after the date of decision at Level 1 or ten (10) school days after the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employerwas initially presented, whichever is sooner. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.Within ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining (a) A Practitioner will have the right for grievances to the proper application and interpretation be heard through all levels of any and all of the provisions of this Agreement shall be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. line management. (b) In the event of first instance the failure of these parties Practitioner will attempt to reach a satisfactory adjust­ ment within seven resolve the grievance with her or his immediate supervisor. The local Australian Medical Association (7“AMA”) days from or Australian Salaried Medical Officers Federation (“AMSOF”) or other representative will be present if desired by either party. (c) If the date a Practitioner still feels aggrieved, then the matter will be referred to her or his Department Head. The local union or other representative will be present if desired by either party. (d) If the grievance is filed in writing by either party upon the otherstill unresolved, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two senior management and the senior local or state branch union or other representative. (2e) members from If the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed still unresolved, then the state branch of the AMA or AMSOF or other representative shall be advised and a meeting arranged. At this stage the Employer’s representative shall be advised and shall be present at the request of either party. (f) It is agreed that the above steps in writing by sub-clauses 15.1 (a) to (e) shall take place within seven days (or such longer period as may be mutually agreed). (g) If the grievance has not been resolved to the satisfaction of the Practitioner or the Employer, either party upon to the other, grievance may refer the four (4) shall select a fifth member or they shall request grievance to the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairmanAustralian Industrial Relations Commission for resolution by conciliation, and if necessary by arbitration. Despite this paragraph, a dispute over the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation application of this Agreement shall be recognized unless presented dealt with in writing within ninety accordance with sub- clause 15.2(a). (90h) days from Until the date of grievance is determined, work shall continue normally in accordance with custom and practice existing before the occurence causing grievance arose while discussions take place. No party shall be prejudiced as to the complaint or grievance except in cases where report of a grievance has been suppressed through coercion final settlement by the Employercontinuance of work. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claimHealth and safety matters are exempted from this subclause.

Appears in 2 contracts

Samples: Certified Employee Collective Agreement, Certified Employee Collective Agreement

Grievances. 16.01 All matters pertaining ‌ 1. For the purposes of this Agreement, a grievance shall be defined as any complaint by any Employee covered by this Agreement that s/he has been subjected to a violation or misinterpretation of a specific provision of this Agreement. 2. The purpose of this procedure is to secure at the lowest possible administrative level, equitable solutions to the proper application problems affecting the welfare of working conditions of the Employees. Both parties agree that these proceedings will be kept as informal and interpretation confidential as may be appropriate at any level of this procedure. 3. Nothing contained herein shall be construed as limiting the rights of any and all Employee having a complaint to discuss the matter informally with any appropriate member of the administration and to have the problem adjusted without intervention of the Union, provided, however, that any such adjustment shall be consistent with the terms of this Agreement. If the Employee so chooses, a representative of the Union may be present at the adjustment of the complaint. Only those unresolved complaints that directly relate to a violation or misinterpretation of a specific provision of this Agreement are subject to the grievance process. 4. Since it is important that the grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum. The time limits specified may be extended only by a prior express agreement of the respective parties or their representatives. 5. If the grievance has not been properly presented at Level One at the end of ten (10) working days following the occurrence of the grievance, then the grievance shall be deemed settled, or waived, and shall not be eligible for further action. Furthermore, if the grievant does not adhere to the time limits at each level of the grievance process, then the grievance shall be deemed settled, or waived, and shall not be eligible for further action. 6. If the Employer or Administrator fails to adhere to the time limits at any level in the grievance process, then the grievance shall be considered to be denied at that level, and the grievant may submit the grievance in writing, within the required time limit, to the appropriate Administrator at the next level in the process. 7. Subject to the foregoing provisions of this Agreement shall Article, all grievances must in all cases be adjusted by processed in accordance with the accredited representative of Allied Employerslevels, Inc.time limits, and conditions herein set forth: The grievant shall present the accredited representative grievance to the appropriate immediate supervisor within ten (10) working days of the Unionoccurrence of any grievance or the date of first knowledge of its occurrence by any party affected by it. In The supervisor shall meet with the event of the failure of these parties to reach a satisfactory adjust­ ment grievant within seven (7) working days from of receipt of the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partieswritten grievance. The labor relations committee as thus constituted supervisor shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply render a decision to the specific facts grievant within seven (7) working days of the issue in disputemeeting. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining to (a) It is the proper application and interpretation of any and all mutual desire of the provisions of Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances. (b) All meetings at which grievances are processed shall be held in camera. (c) Employees who are covered by this Agreement shall be adjusted by required to follow the accredited representative procedures laid down in this Article and any Employee who appeals directly to any Trustee or official of Allied Employersthe Employer shall thereby forfeit all rights under this Article. (d) A grievance shall be defined as any differences arising out of the interpretation, Inc.application, administration or alleged violation of the Collective Agreement including any question as to whether a matter is arbitrable. (e) It is understood the same person will not hear the grievance at more than one step of the grievance procedure. (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resource Services or his/her designate, and the accredited representative President and Chief Xxxxxxx of the UnionUnion at all steps. (g) Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the name of the person and time for grievance mediation to occur. The Parties will jointly, in equal shares, bear the expenses of the Mediator. (a) In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance by an Employee, the Employee shall take the matter up with the Employer within and not after ten (10) working days after the Employee became aware of the incident or circumstances giving rise to the grievance. The grievor is entitled to be present at all steps in the Grievance Procedure. (b) A policy grievance or group grievance shall be taken up within and not after ten (10) working days of the Union/Employee(s) becoming aware of the incident or circumstances giving rise to the grievance. A grievance filed by a group of Employees or a policy grievance of the Union shall be taken up at Step 2 of the Grievance Procedure. (c) A grievance concerning a layoff by reason of a redundancy in the work force may be taken up at Step 3 of the Grievance Procedure. (d) A grievance which does not involve the immediate Supervisor may be taken up at Step 2 of the Grievance Procedure. 12.03 The following procedure shall be adhered to in processing grievances, save as otherwise provided in this Article: STEP 1 The Employee shall take the matter up with the Employee’s immediate Supervisor. The Employee may, if desired, be accompanied by a Union Xxxxxxx. The immediate Supervisor shall have three (3) working days within which to reply in writing by either party upon to the othergrievance. STEP 2 If the Step One (1) reply is not satisfactory to the Employee, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from Xxxxxxx or the Employers Chief Xxxxxxx/Deputy Chief Xxxxxxx may, within and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.not after ten

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Grievances. 16.01 All matters pertaining ‌ 1. For the purposes of this Agreement, a grievance shall be defined as any complaint by any Employee covered by this Agreement that s/he has been subjected to a violation or misinterpretation of a specific provision of this Agreement. 2. The purpose of this procedure is to secure at the lowest possible administrative level, equitable solutions to the proper application problems affecting the welfare of working conditions of the Employees. Both parties agree that these proceedings will be kept as informal and interpretation confidential as may be appropriate at any level of this procedure. 3. Nothing contained herein shall be construed as limiting the rights of any and all Employee having a complaint to discuss the matter informally with any appropriate member of the administration and to have the problem adjusted without intervention of the Union, provided, however, that any such adjustment shall be consistent with the terms of this Agreement. If the Employee so chooses, a representative of the Union may be present at the adjustment of the complaint. Only those unresolved complaints that directly relate to a violation or misinterpretation of a specific provision of this Agreement are subject to the grievance process. 4. Since it is important that the grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum. The time limits specified may be extended only by a prior express agreement of the respective parties or their representatives. 5. If the grievance has not been properly presented at Level One at the end of ten (10) working days following the occurrence of the grievance, then the grievance shall be deemed settled, or waived, and shall not be eligible for further action. Furthermore, if the grievant does not adhere to the time limits at each level of the grievance process, then the grievance shall be deemed settled, or waived, and shall not be eligible for further action. 6. If the Employer or Administrator fails to adhere to the time limits at any level in the grievance process, then the grievance shall be considered to be denied at that level, and the grievant may submit the grievance in writing, within the required time limit, to the appropriate Administrator at the next level in the process. 7. Subject to the foregoing provisions of this Agreement shall Article, all grievances must in all cases be adjusted by processed in accordance with the accredited representative of Allied Employerslevels, Inc.time limits, and conditions herein set forth: The grievant shall present the accredited representative grievance to the appropriate immediate supervisor within ten (10) working days of the Unionoccurrence of any grievance or the date of first knowledge of its occurrence by any party affected by it. In The supervisor shall meet with the event of the failure of these parties to reach a satisfactory adjust­ ment grievant within seven (7) working days from of receipt of the date written grievance. The supervisor shall render a decision to the grievant within seven (7) working days of the meeting. If the grievance is filed has not been resolved at Level One to the satisfaction of the grievant, the grievant may appeal such decision in writing by either party upon to the other, Director of Finance within seven (7) working days of the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesLevel One decision. The labor relations committee as thus constituted Director of Finance or his/her designee shall have no power meet with the grievant to add to, subtract from, or change or modify any provisions discuss the allegations within seven (7) working days of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts receipt of the issue in dispute. 16.02 During the process of making adjustments under the rule written appeal and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing will render a written decision within ninety seven (907) working days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety Level One (90A) day period immediately preceding the date upon which the Employer received notice in writing of the claimmeeting.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining to (a) It is the proper application and interpretation of any and all mutual desire of the provisions of Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances. (b) All meetings at which grievances are processed shall be held in camera. (c) Employees who are covered by this Agreement shall be adjusted by required to follow the accredited representative of Allied Employers, Inc., procedures laid down in this Article and the accredited representative any Employee who appeals directly to any Trustee or official of the UnionEmployer shall thereby forfeit all rights under this Article. (d) A grievance shall be defined as any differences arising out of the interpretation, application, administration or alleged violation of the Collective Agreement including any question as to whether a matter is arbitrable. (e) It is understood the same person will not hear the grievance at more than one step of the grievance procedure. (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resources Services or his/her designate, the President and Chief Xxxxxxx of the Union at all steps. (g) Nothing in this Article precludes the parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The Agreement shall be made in writing and stipulate the name of the person and time for grievance mediation to occur. The Parties will jointly, in equal shares, bear the expenses of the Mediator. (a) In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance by an Employee, the Employee shall take the matter up with the Employer within and not after ten (10) working days after the Employee became aware of the incident or circumstances giving rise to the grievance. The grievor is entitled to be present at all steps in the Grievance Procedure. (b) A policy grievance or group grievance shall be taken up within and not after ten (10) working days of the Union/Employee(s) becoming aware of the incident or circumstances giving rise to the grievance. A grievance filed by a group of Employees or a policy grievance of the Union shall be taken up at Step 2 of the Grievance Procedure. (c) A grievance concerning a layoff by reason of a redundancy in the work force may be taken up at Step 3 of the Grievance Procedure. (d) A grievance which does not involve the immediate supervisor may be taken up at Step 2 of the Grievance Procedure. 12.03 The following procedure shall be adhered to in processing grievances, save as otherwise provided in this Article: STEP 1 The Employee shall take the matter up with the Employee’s immediate Supervisor. The Employee may, if desired, be accompanied by a Union Xxxxxxx. The immediate Supervisor shall have three (3) working days within which to reply in writing by either party upon to the othergrievance. STEP 2 If the Step 1 reply is not satisfactory to the Employee, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from Xxxxxxx or the Employers Chief Xxxxxxx/Deputy Chief Xxxxxxx may, within and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.not after ten

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Grievances. 16.01 All matters pertaining to (a) It is the proper application and interpretation of any and all mutual desire of the provisions of Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances. (b) All meetings at which grievances are processed shall be held in camera. (c) Employees who are covered by this Agreement shall be adjusted by required to follow the accredited representative procedures laid down in this Article and any Employee who appeals directly to any Trustee or official of Allied Employersthe Employer shall thereby forfeit all rights under this Article. (d) A grievance shall be defined as any differences arising out of the interpretation, Inc.application, administration, or alleged violation of the Collective Agreement including any question as to whether a matter is arbitrable. (e) It is understood the same person will not hear the grievance at more than one step of the grievance procedure. (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resource Services or his/her designate, and the accredited representative President and Chief Xxxxxxx of the UnionUnion at all steps. (g) Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The Agreement shall be made in writing and stipulate the name of the person and time for grievance mediation to occur. The Parties will jointly, in equal shares, bear the expenses of the Mediator. (a) In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the otheran Employee, the Employee shall take the matter up with the Employer within and not after ten (10) working days after the Employee became aware of the incident or circumstances giving rise to the grievance. The grievor is entitled to be present at all steps in the Grievance Procedure. (b) A policy grievance or group grievance shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers taken up within and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.not after ten

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Grievances. 16.01 All matters pertaining Any employee to the proper application whom this Agreement is applicable and interpretation of who claims to be aggrieved by any and all action of the provisions Authority or its officials, whether occasioned by discharge, suspension or other discipline or whether because of alleged unjust treatment or failure to apply to him any of the benefits of this Agreement shall be adjusted by to which he believes himself entitled, may proceed in accordance with the accredited representative of Allied Employersfollowing grievance procedure (except that when an employee has been discharged, Inc., and suspended or otherwise disciplined after an investigation under the accredited representative final paragraph of the Union. In the event preceding Section hereof, he may go directly to his Superintendent, Lead Xxxxxxx, Manager or Director when none of the failure of these parties others exist, as in Section 1.12(f) provided). Saturdays, Sundays and holidays will not be considered in computing the time in the following steps. 1. The Employee, or his accredited Union representative, shall personally and informally present the alleged grievance to reach a satisfactory adjust­ ment the Dispatcher, Xxxxxxx or other official immediately superior to him in rank, within seven (7) days from after same has come to his attention, otherwise it shall not be considered; and, in presenting such alleged grievance, the date Employee may be accompanied by a duly accredited representative of the Union if he so desires; and if such alleged grievance is filed presented in writing by either party upon the other, the matter shall be referred for final adjustment time and is not adjusted to a labor relations committee selected as follows: Two (2) members from the Employers and his satisfaction within two (2) members from days thereafter; then 2. The Employee shall present his alleged grievance in writing on the proper grievance form, either individually or through a duly accredited representative of the Union. In , to his Superintendent, Lead Xxxxxxx, Manager or Director at a time to be agreed upon with the event latter, when none of the labor relations committee fails Retail Clerks #1105 - Grocery others exist, within five (King-Snohomish Counties) 15 to reach an agreement within twenty-one (215) days from after his immediate superior has acted or should have acted. If not adjusted in writing to his satisfaction within five (5) days after presentation, then 3. The Employee may appeal to the Director, or his designated representative by filing therewith, individually or through a duly accredited representative of the Union and within five (5) days after the Superintendent, Lead Xxxxxxx or Manager has acted or should have acted, a complaint in writing, setting forth the alleged grievance and stating the action of the Superintendent, Lead Xxxxxxx or Manager; whereupon the Director or his designated representative, shall set the case down for a hearing at a specified place, date and time not more than seven (7) days thereafter, giving at least two (2) days' notice thereof to the Employee or his representative, and shall render a decision thereon in writing and deliver copies thereof to the Employee and to the President of the Union within five (5) days after the close of the hearing. The third step of the grievance procedure will be held either during working hours or immediately preceding, or immediately following the Employee's run or shift. If held during nonworking hours and the grievance is filed in writing by either party upon the otherupheld, the four grievant will be paid up to one-half (1/2) hour at his regular hourly rate. 4. If the Director's decision is not satisfactory, then the dispute may be referred to arbitration by the Union by delivering a notice of intent to arbitrate to the Deputy General Manager within five (5) shall select a fifth member or they shall request days of the Federal Mediation and Conciliation Service to submit a list Union's receipt of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who his decision. Arbitration shall be chairmaninvoked only by the Union and, and if it is not, the decisions of this committee dispute shall be binding on both partiesresolved according to the last answer in the grievance procedure. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to Union may intervene and participate in the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report handling of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, or dispute at any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing level of the grievance procedure and no settlement may be reached between the Authority and an employee at Step 2 or above without the Union's knowledge and approval. The Union and Authority may mutually agree to settle, compromise, dismiss or resolve any dispute, disagreement, claim, controversy or problem at any time or at any grievance step before the Arbitration Board issues its final and binding decision. The matter may be submitted to regular or expedited arbitration. Expedited arbitration must be by mutual consent.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining to 11.1. A grievance is defined as a dispute between the proper Employer and the Union concerning the application and or interpretation of any and all of the provisions terms of this Agreement shall be adjusted Agreement. 11.2. If an aggrieved Employee’s claim is covered by the accredited representative of Allied Employersgrievance procedure provided under the Employee Handbook, Inc., that procedure shall apply and the accredited representative of grievance may not be pursued under this Agreement’s grievance procedure. An Employee shall not be permitted to use both this Agreement’s grievance procedure and the UnionEmployee Handbook grievance procedure to challenge the same action. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date Where a grievance is filed in writing by either party upon found to have been raised under the otherincorrect procedure, the matter shall be referred for final adjustment aggrieved employee or the Union may transfer the grievance to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Unionalternative grievance procedure. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date such a grievance is filed in writing by either party upon the othercase, the four (4) shall select a fifth member or they shall request time between the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts initial filing of the issue in dispute. 16.02 During the process of making adjustments under the rule grievance and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint transfer request shall be considered tolled with regard to any limitations periods or grievance except in cases where report of timeliness issues. 11.3. Cases involving a grievance has been suppressed through coercion regarding a decision made by the Employeraggrieved employee’s immediate supervisor initially will be processed beginning at Step Two. (a) Should an Employee believe that a need has arisen for an immediate meeting with a xxxxxxx or other Union representative they will be allowed to do so only after requesting permission from their immediate supervisor. In The Employee will be allowed reasonable time during working hours to meet, with no loss of pay or benefits. Such request will be granted so long as it does not interfere with the event performance of the claim Employee’s work or the operations of the City. (b) If an Employee believes that an assigned task is one for additional wagesillegal or unsafe, any such claim the Employee will not be denied an opportunity to make an immediate phone call to a xxxxxxx or Union representative prior to performing the task. (a) The parties shall attempt to resolve grievances at the lowest possible level. (b) Grievances must be limited to additional wages, if any, accruing filed within the ninety (90) day period immediately preceding time frames specified in this Article. Grievances not filed or appealed in a timely manner will be considered resolved based on the date upon which Employer’s last action. Grievances that have not been responded to by the Employer received notice within the time frames set forth in this Article will be moved to the next step in the contractual procedure. When the next step is binding arbitration and the Employer does not respond within the established time frame, the Union will notify the Employer in writing that it plans to proceed to binding arbitration unless the Employer responds to the grievance within ten (10) working days. If the Employer again fails to respond to the grievance, and the Union proceeds to arbitration, the Employer will bear the full cost of the claimarbitration. (c) The parties may, by mutual agreement, waive certain steps, and/or extend stated time frames. Such mutual agreement will be reduced to writing and signed by the parties prior to the expiration of said time frame. Grievances may, by mutual agreement of the parties, be advanced to any step. (d) A grievance may be filed by an aggrieved employee. The Chief Xxxxxxx or their designee may file a grievance. A grievance shall identify: (i) the Employee or Employees aggrieved; (ii) the alleged violation; and (iii) the remedy sought. Class grievances may be permitted when the grievance involves (i) multiple employees; (ii) the same underlying facts and issues; and (iii) the same alleged violations of this Agreement. Class grievances will be processed beginning at Step 2 of the grievance procedure, unless the grievance involves a cross-departmental issue in which case it will be processed beginning at Step 3. (e) At each step of the grievance procedure, the Employee is entitled to representation by a Xxxxxxx or other Union representative unless the Employee waives such representation. The Employer recognizes and will deal with authorized Council 3 representatives at any step. If an Employee objects to representation, the Union may still have a representative present at any step to observe the meeting. (f) Where the Department Head is an Employee’s immediate supervisor, grievances will be initiated at Step One of the following procedure. If there is no resolution at Step One, the grievance will move to Step Three.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining Any Complaint alleging Discrimination or Harassment shall be pursuant to Board Rule 4001.2 as it existed on July 10, 2019. Any amendments to Board Rule 4001.2 which occurs after July 10, 2019 will be submitted to the proper Union for approval prior to implementation for employees covered by this Agreement. Any other grievance, complaint, disagreement or difference of opinion between the District, the Union or the employees covered by the Agreement concerning application and interpretation of any and all of the provisions terms of this Agreement will be processed using the following grievance procedure: (A) Any Employee or the Union may present a Grievance. Any Grievance which is not presented within fifteen (15) days following the event giving rise to such a Grievance shall be adjusted forfeited and waived by the accredited representative aggrieved party. The grievance form shall state the name of Allied Employers, Inc.every employee authorizing the filing of the grievance, and all grievances shall be signed by at least one aggrieved employee. An aggrieved employee shall have the accredited representative of right to a Union Representative appointed by the Union. (B) The grievant shall first take up the Grievance by presenting it in writing to their immediate supervisor or designee. In If the event of the failure of these parties to reach a satisfactory adjust­ ment within seven Grievance is not satisfactorily adjusted with five (75) days from the date a meeting with the supervisor, the Employee or the Union representative shall present the grievance is filed in writing by either party upon to the other, the matter Chief Financial Officer or his or her designated representative. (C) The Chief Financial Officer or his or her designated representative shall be referred for final adjustment to a labor relations committee selected as follows: Two within ten (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (2110) days from the date day it was received, make a determination and submit the determination to the aggrieved party in writing. (D) Each party reserves the right to litigate a question presented by the Grievance by bringing an original action in any court of competent jurisdiction in the event such party shall not be satisfied with the resolution of the Grievance. However, no such litigation may be maintained until all available steps under this grievance procedure have been pursued and exhausted. It is filed understood and agree to between the parties that the role of the Chief Financial Officer or his or her designee in writing by either party upon the other, the four (4) shall select grievance procedure is not an exercise of a fifth member judicial or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreementquasi-judicial function, but shall be authorized only solely as a means to interpret existing provisions of this Agreement as they apply allow the parties to the specific facts of the issue in disputeresolve disputes informally. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout (E) Definitions: Days shall occurmean calendar days. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining Section 1. For the purposes of this Agreement, a grievance shall be defined as: Any complaint by an employee in the unit covered by this agreement that (1) he has been subject to a violation, inequitable application or misinterpretation of a specific provision of this Agreement or (2) he has been subjected to unfair or discriminatory act contrary to established policy and practice. A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim. Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the proper application problems, which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and interpretation confidential as may be appropriate at any level of any this procedure. Whenever a grievance is concerned directly with the School Committee or the Superintendent, the aggrieved person may initiate said grievance at Level 2. The grievance shall be returned to Level 1 if so decided at Level 2 or Level 3. Section 3. All documents, communications, and all records dealing with the processing of a grievance will be filed separately from the personnel files of the provisions participants. Section 4. Each employee shall have the right to bring matters of personal concern or grievances as herein defined later to the attention of appropriate officials. Nothing contained in this Agreement shall be adjusted by construed to prevent any teacher or group of teachers not acting on behalf of any employee organization or representing anyone but themselves from at any time discussing any problems with any of their supervisors, the accredited representative of Allied EmployersSchool Committee, Inc., and the accredited representative or other representatives of the Union. In School Committee without the event previous consent of the failure Association, nor shall any action taken by said supervisors, School Committee or its representative as a result of these parties to reach a satisfactory adjust­ ment within seven (7) days from such discussion be the date subject of a grievance or otherwise legally contested by said Association unless such action is filed in writing by either party upon the other, the matter shall be referred for final adjustment to specific and direct contravention of a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions specific provision of this Agreement. The Association will be notified and have the right to attend any such session above the level of Principal. Any teacher covered by this contract may present individually his grievance without representation by the Association; provided, but however, that with respect to any grievance above Xxxxx 0, the Association shall be authorized given timely notice of the grievance's presentation at such steps and shall have opportunity to be heard on the grievance before its disposition if the Association shall, within the five (5) days following receipt of such notice, advise the Superintendent of its desire to be so heard. Section 5. Any party in interest may be represented at all stages of the grievance procedure by a person of his own choosing except that he may not be represented by a representative or an officer of any teacher organization other than the Association or its affiliates. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure, except at Level 1. Section 6. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding or difference between the parties arising out of acts which occurred prior to interpret existing provisions the execution of this Agreement as they apply agreement shall be submitted to the specific facts Committee under the provision of this Article. Section 7. If, at the end of the issue in dispute. 16.02 During fifteen (15) school days next following the process occurrence of making adjustments under any grievance, (or when the rule and procedures set forth in Section 16.01 above, no strike or lockout teacher should reasonably have had knowledge of such occurrence) the grievance shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless not have been presented in writing at Level 1, set forth below, the grievance shall be deemed to have been waived; and any such grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within ninety the time specified thereof in this Article. Section 8. Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits, and conditions set forth below: Level 1. A teacher with a grievance shall first discuss it with his principal or immediate supervisor with the object of resolving the matter informally. Level 2. If the teacher is not satisfied with the disposition of his grievance at Level 1 or if no decision has been rendered within five (905) school days after presentation of the grievance, he may submit the grievance in writing simultaneously with the Superintendent of Schools and with the President of the Association within ten (10) days from after the date of decision at Level 1 or ten (10) school days after the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employerwas initially presented, whichever is sooner. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.Within ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining Grievances shall be presented and adjusted in accordance with the following procedures: Level one: If a complaint is not resolved in a conference between the affected teacher and his/her principal or immediate supervisor, the complaint may be formalized into a grievance. It shall be submitted in writing within five (5) days of the meeting with the principal and the teacher. A copy of the grievance shall be sent to the proper application principal or immediate supervisor and interpretation of any and all to the Association. If a particular grievance arises in more than one school building, a copy shall also be sent to the Superintendent. The principal or immediate supervisor shall within five (5) days of the provisions receipt of the grievance render a written decision. A copy of this Agreement decision shall be adjusted by go to the accredited representative of Allied Employersgrievant, Inc., the Association and to the accredited representative Superintendent. Level two: If the grievance is not resolved to the satisfaction of the Union. In Association or no decision is rendered, the event Association shall submit the grievance to the Superintendent within five (5) days of the failure decision or lack of these parties to reach a satisfactory adjust­ ment within decision. Within seven (7) days from after submission of the date a grievance is filed in writing by either party upon the othergrievance, the matter Superintendent or his/her designee will conduct a hearing. The Superintendent shall be referred for final adjustment have five (5) days after the conclusion of the hearing to a labor relations committee selected as followsrender his/her written decision thereon. Level three: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery Association is not satisfied with the disposition of the grievance at Level 2 or has not elected the expedited grievance procedure as provided below, the grievance may be submitted to arbitration within thirty (King-Snohomish Counties) 15 to reach an agreement within twenty-one (2130) days from after receipt of the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who written opinion. The arbitrator shall be chairman, and selected by the decisions of this committee American Arbitration Association in accord with its rules which shall be binding on both partieslikewise govern the arbitration hearing. The labor relations committee as thus constituted arbitrator shall have no power to alter, add to, or subtract from, or change or modify any provisions the terms of this Agreement, but shall . Both parties agree to be authorized only to interpret existing provisions of this Agreement as they apply to bound by the specific facts award of the issue arbitrator and agree that judgment thereon may be entered in disputeany court of competent jurisdiction. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining 7.1 The Company and the Union agree that it is most desirable to resolve misunderstandings and disputes through discussions between the employee and the supervisor, and both the Company and the Union shall encourage employees to discuss their complaints with their supervisors so as to resolve differences quickly and directly without necessarily having to resort to the proper application and interpretation following formal process. 7.2 Employees may have benefit of representation by Union officials at any and all of the provisions steps in the procedure, and similarly management representatives may have benefit of counsel. 7.3 Formal grievances, whether individual or executive, shall be raised within fifteen (15) days of the date on which the grievance becomes apparent, or ought to have become apparent. Grievances shall be in writing on the approved grievance form, must identify the specific clauses in this Agreement that are being violated and provide specific details in writing with respect to the individuals whose rights have been violated and/or damages resulting from the breach of this Agreement and shall be adjusted by dealt with in the accredited representative following manner without stoppage of Allied Employers, Inc.work. STEP I - The grievance shall be taken up with the first-line out-of- scope supervisor who shall render a decision within three (3) STEP 2 - Within seven (7) working days of the receipt of the decision in Step 1 in the case of individual grievances, and the accredited representative within fifteen (15) days of the Union. In date on which the event grievance(s) becomes apparent or ought to have become apparent in the case of executive grievances, the failure of these parties to reach grievance shall be taken up with the appropriate Manager who shall render a satisfactory adjust­ ment decision within seven (7) working days. STEP 3 - In the event that a decision is not rendered within seven (7) working days, or the decision does not lead to a resolution of the grievance in the view of the parties, the General Secretary of the Union or his/her designate shall immediately consult with the Regional Manager or his/her designate. If settlement is not achieved within a further fourteen (14) working days from the date a it may be submitted to arbitration as hereinafter provided for. STEP 4 - A grievance is filed in writing referred to arbitration by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply giving notice to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice other in writing of their intention to do so. Such written notice shall be given within ten (10) working days of the claimreceipt of decision at Step 3, or from the expiry of the time limits at Step 3, whichever is the earlier. Within seven (7) working days of receipt of such written notice, each party shall appoint a nominee. Within a further seven (7) working days the nominees shall meet and appoint NOTE: Time limitations in the preceding process may be extended by mutual agreement between the parties, provided that requests for extension are made prior to the expiry of the time limitation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining For the purpose of this Agreement, a grievance shall be defined as: Any complaint by a nurse covered by the Agreement that (1) he/she has been subject to a violation, inequitable application or misinterpretation of a specific provision of this Agreement or (2) he/she has been subjected to an unfair or discriminatory act contrary to established policy and practice. Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the proper application problems which may from time to time arise, affecting the welfare or working conditions of nurses. Both parties agree that these proceedings will be kept as informal and interpretation confidential as may be appropriate at any level of this procedure. Consultation between the Association and the superintendent is encouraged as a means of resolving problems. Section 3. Nothing herein contained will be construed as limiting the right of any and all nurse having a grievance to discuss the matter informally with any appropriate member of the provisions administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment above Level One and to state its views. If the nurse so chooses, a representative of the Association may be present at Level One. Section 4. No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Winthrop for any nurse involved in presenting such grievance. Section 5. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding or difference between the parties arising out of acts which occurred prior to the execution of this Agreement shall be adjusted by submitted to the accredited representative Committee under the provision of Allied Employers, Inc., and this Article. It is understood that any grievance pending at the accredited representative conclusion of the Unioncontract will remain operative in the subsequent contract period unless settled in negotiations. Section 6. In If at the event end of the failure fifteen days next following either the occurrence of these parties to reach a satisfactory adjust­ ment within seven (7) days from any grievance or the date when the nurse should reasonably have had first knowledge of its occurrence, whichever is later, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have been waived. Such time limit may be extended by mutual agreement. Level 1. A nurse with a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (Kingwill first discuss it with his/her principal or immediate supervisor during non-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in disputeteaching hours. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining 5.1 There shall be an xxxxxxx effort on the part of both parties to this agreement, to settle promptly through the proper procedure set out herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of this Agreement. Probationary employees cannot grieve their layoff or termination. (a) The parties acknowledge that in the interests of promoting good working relationships, any differences should be dealt with and interpretation of any settled at the earliest possible stage. Generally the employee will seek to resolve the issue with the employee’s Territory Manager. (b) Should settlement not be reached between the employee and all his/her Territory Manager, the Union may submit a grievance, which must be in writing, on forms supplied by the Union, signed by the Union and the employee having such grievance and setting out, among other particulars: (i) the nature of the provisions grievance, (ii) the Article or Articles of the Agreement alleged to have been violated; and (iii) the nature of the remedy sought and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or in the case of remedy, an Arbitrator. 5.3 In determining the time which is allowed in the various steps of Articles 5 and 6, Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may only be extended by mutual agreement in writing. 5.4 If the employee or the Union does not advance the grievance in accordance with Article 5 & 6 hereof within the time limits specified herein, or as may be extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re- opened. 5.5 Grievances properly arising under this Agreement shall be adjusted by and settled as follows: Step 1 Within five (5) full working days after the accredited circumstances giving rise to the grievance occurred or originated, the aggrieved employee and/or a union representative shall present the grievance in writing to the Territory Manager. The Territory Manager will schedule to meet with the union representative within ten (10) days of Allied Employers, Inc., and the accredited representative presentation of the Union. In written grievance (except in the event case of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed relating to a termination of employment in writing by either party upon the other, the matter which case it shall be referred for final adjustment within five (5) days). If a settlement satisfactory to a labor relations committee selected as follows: Two (2) members from the Employers and Union is not reached within two (2) members from full working days after the Union. In meeting scheduled by the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the otherTerritory Manager, the four grievance may be presented as indicated in Step Two to the Services General Manager at any time within five (45) shall select a fifth member full working days thereafter. Step 2 A meeting between the Services General Manager (or they shall request his/her designate) and the Federal Mediation Grievor and Conciliation Service to submit a list the Business Representative of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who Union shall be chairman, and convened within (10) full working days to deal with the decisions of this committee shall grievance. Should no satisfactory settlement be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing reached within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.five

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Grievances. 16.01 All matters pertaining Section 1 The Union and the Employer agree that there shall be no strike, picketing, lock-out, tie-up, or legal proceedings without first using all possible means of a settlement, as provided for in this Agreement or any Supplement, Rider or Addendum hereto, or any controversy which might arise under this Agreement. The parties further agree that the words “legal proceedings” as used in this paragraph shall not be construed to prohibit the Union or Employer from going to a court of proper jurisdiction for an injunction against the other for breach of the no-strike, no-lockout, no tie-up, no picketing promises made herein. A grievance is hereby jointly defined to be any controversy, complaint, misunderstanding, or dispute arising as to interpretation, application and interpretation or observance of any and all of the provisions of this Agreement shall or any Supplement, Rider or Addendum hereto. Grievance procedures may be adjusted invoked only by the accredited representative of Allied Employers, Inc., and the accredited representative of the Unionauthorized Union or Employer representatives. In the event of any grievance, complaint, or dispute on the failure part of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the otherany employee, the matter it shall be referred for final adjustment to handled in the following manner, and a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who decision reached at any stage shall be chairman, final and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted grievance shall be discussed with the employee’s immediate supervisor or with the aggrieved employee and his/her shop xxxxxxx. If the grievance is not resolved within one (1) working day; It shall be the responsibility of the employee to reduce the grievance to writing on the regular grievance form provided by the union and have it submitted to the company within five (5) working days. Upon proper notification by the Employer to discipline an employee, the employee shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.ten

Appears in 2 contracts

Samples: Central Region of Teamsters Supplemental Agreement, Central Region of Teamsters Supplemental Agreement

Grievances. 16.01 All matters pertaining It is understood and agreed that should a difference arise between the Board and any of its employees as to the proper application and interpretation of any and all of the provisions of this Agreement agreement, there shall be adjusted no stoppage or suspension of work because of such grievance. Step 1. A HESPA, MEA/NEA employee with a complaint shall discuss it with his/her immediate supervisor, principal, or superintendent within five (5) working days after the occurrence of the alleged grievance. Step 2. Any HESPA, MEA/NEA employee having a complaint of occurrence in the interpretation or application of this Agreement may present in writing his/her grievance individually or with the aid of his/her HESPA, MEA/NEA representative to his/her principal or immediate superior within ten (10) working days of said occurrence. The grievance form is attached as Appendix B. The administrator with whom the grievance has been filed shall within five (5) working days give an answer in writing to the grievance. The written grievance, as contemplated by this paragraph, shall be specific and contain a statement of the fact upon which the grievance is based and shall refer to the articles and sections of the Agreement which have been allegedly misinterpreted or violated and shall state the relief requested, and must further bear the name of and be signed by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Unionemployee or employees involved. Step 3. In the event the labor relations committee fails Retail Clerks #1105 - Grocery aggrieved person is not satisfied, he/she shall transmit the grievance in writing to the Superintendent within ten (King-Snohomish Counties10) 15 working days who shall have ten (10) working days from receipt to reach an agreement approve or disapprove it. The aggrieved person has a right to a hearing with the HESPA, MEA/NEA representative present. If the grievance is denied by the Superintendent, within twenty-one ten (2110) working days the grievance shall be transmitted to the secretary of the Board if the aggrieved person so requests with a statement of the reasons why it is being disapproved. Step 4. Within twenty (20) days from of the date a grievance is filed in writing by either party upon receipt of the othergrievance, the four (4) Board or a committee of the Board shall select a fifth member or they shall request consider the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesgrievance. The labor relations committee aggrieved person has a right to a hearing with the HESPA, MEA/NEA representative present. The Board shall prescribe such procedures as thus constituted shall have it may deem appropriate, provided, however, that in no power to add toevent, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts except with express written consent of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 aboveHESPA, no strike or lockout MEA/NEA shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date final determination of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion be made by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.Board more than twenty

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Grievances. 16.01 All matters pertaining to SECTION 1, Any employee or group of employees who con­ sider that they have a grievance arising out of the proper meaning or application and interpretation of any and all of the provisions of this Agreement agreement shall make an xxxxxxx effort to settle the same immediately (after working hours) in the following manner: (a) The aggrieved employee or employees shall first take up the matter with the Xxxxxxx or other person in charge of the department in which such aggrieved employee or empployees are then employed. (b) If the matter be not adjusted pursuant to the provisions of subdivision "a” hereof, tho matter shall be adjusted by taken up with the accredited representative of Allied Employers, Inc.House Manager, and the accredited representative said aggrieved employee or employees shall then be entitled to be re­ presented by a member of the Union. In 's Shop Committoo if desired. (c) If tho procedure specified in subdivisions "a" and ”b" hereof has not resulted in an adjustment, tho matter shall then bo takon up with the event executive committee of the failure Board of these parties Directors of the Company, said aggrieved employee or employees to reach again il " ' ■' *■ ' <!' ,M have the privilege of being represented by a satisfactory adjust­ ment within seven member of the Union’s Shop Committee if desired. (7d) days from If the date procedure specified in subdivisions Wa","b”, and "c" hereof has not resulted in the adjustment of the natter in dispute, then an xxxxxxx effort shall be made to adjust the matter between a grievance is filed representative or representatives of the Union and a representative or representa­ tives of the Company. (e) If no.agreement has been reached pursuant to the procedure specified in writing by either party upon the othersubdivisions "air, "b", "c", and "d" hereof, the Company and the Union agree to submit the matter to arbitration and to accept the decision of the majority of an Arbitration Board consisting of one member se­ lected by the Company and ono member selected by the Union and the third selected by the two mombors nominated as above; all oxpensos of the Arbitration Board to be borno equally by the Company and the Union; provided, howovor, that arbi­ tration shall be referred resorted to only for final adjustment the settle- r. ment x>f such grievances as come within the scope of this Article VII and shall not include the establishment of rates of pay, wages, hours of employment and other conditions of employment to a labor relations committee selected be observed between the parties hereto which are recognized as follows: Two basic subjects of collective bargaining. (2f) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, The Union Shop Committee and the decisions Company shall meet regularly after working hours on such dates and at such time as may be agreed upon between them for the presentation of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wagesgrievances, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing and for discussion of the claimany other matters that may be brought up.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining 5.1 There shall be an xxxxxxx effort on the part of both parties to this agreement, to settle promptly through the proper procedure set out herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of this Agreement. Probationary employees cannot grieve their layoff or termination. (a) The parties acknowledge that in the interests of promoting good working relationships, any differences should be dealt with and interpretation of any settled at the earliest possible stage. Generally the employee will seek to resolve the issue with the employee’s Territory Manager. (b) Should settlement not be reached between the employee and all his/her Territory Manager, the Union may submit a grievance, which must be in writing, on forms supplied by the Union, signed by the Union and the employee having such grievance and setting out, among other particulars: (i) the nature of the provisions grievance, (ii) the Article or Articles of the Agreement alleged to have been violated; and (iii) the nature of the remedy sought and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or in the case of remedy, an Arbitrator. 5.3 In determining the time which is allowed in the various steps of Articles 5 and 6, Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may only be extended by mutual agreement in writing. 5.4 If the employee or Union does not advance the grievance in accordance with Article 5 & 6 hereof within the time limits specified herein, or as may be extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re-opened. 5.5 Grievances properly arising under this Agreement shall be adjusted by and settled as follows: Step 1 Within five (5) full working weekdays after the accredited circumstances giving rise to the grievance occurred or originated, the aggrieved employee and/or a union representative shall present the grievance in writing to the Territory Manager. The Territory Manager will schedule to meet with the union representative within five (5) working weekdays of Allied Employers, Inc., and the accredited representative presentation of the Unionwritten grievance. In If a settlement satisfactory to the event of the failure of these parties to reach a satisfactory adjust­ ment Union is not reached within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from full working weekdays after the Unionmeeting scheduled by the Territory Manager, the grievance may be presented as indicated in Step Two to the Services General Manager at any time within five (5) full working weekdays thereafter. In Following presentation of the event grievance to the labor relations committee fails Retail Clerks #1105 - Grocery Services General Manager within five (King-Snohomish Counties5) 15 full working weekdays, the Services General Manager (or his/her designate) will schedule to reach an agreement meet with the union representative and grievor within twenty-one ten (2110) working weekdays. Should no satisfactory settlement be reached within five (5) full working weekdays after the meeting, the grievance may be submitted to arbitration. 5.6 Notwithstanding the above, a grievance concerning the payment or failure to pay wages may be presented within thirty (30) days from after the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply circumstances giving rise to the specific facts of the issue in disputegrievance occurred or originated. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Grievances. 16.01 All matters pertaining to It is the proper application spirit and interpretation of any and all of the provisions intent of this Agreement to resolve all Employee or Employer grievances promptly and wherever possible within the industry. If during the term of this Agreement there should arise any difference between the parties to or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation hereof or concerning discharge of any Employee which may be alleged to be unjust and including any question as to whether any matter is arbitrable, such difference shall be adjusted resolved without stoppage of work in the following manner. The job xxxxxxx or Business Representative of the Union shall first discuss the difference with the Xxxxxxx or Superintendent of the Employer in an effort to resolve the matter on the job, or as an alternative the Business Representative may refer the difference directly to management through the Employer's main office or business address in the Province of British Columbia and the Employer may refer the difference directly to the Business Representative through Local 919. If the difference is not resolved, the aggrieved party must submit the matter complained of, in writing, to the other party within thirty (30) days of its occurrence, except the matter of discharge must be submitted in writing within ten (10) days of occurrence or in every case the matter shall be deemed to be waived. However the foregoing time limits will not apply in respect to any Employer remittances to the Cement Xxxxx Welfare Trust Fund, Jurisdictional Assignment Plan Fund, Pension Fund and the Cement Masons Apprenticeship and Trade Promotional Fund to be made on behalf of the Employees as provided for in this Agreement. It is intended that the failure of the Employer to make the requisite contributions to be made on behalf of the Employees as provided elsewhere in this Agreement may be claimed by the accredited representative of Allied Employers, Inc., and the accredited representative of the UnionEmployees at any time. In the event of the failure a grievance involving a question of these parties to reach a satisfactory adjust­ ment within discharge is not resolved in seven (7) days from the date and a grievance involving other matters is filed in writing by either not resolved within twenty (20) days, then each party upon the other, the matter shall be referred for final adjustment within five (5) days appoint a member to a labor relations committee selected as follows: Two (2) members from the Employers and Board of Arbitration. The two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery appointees shall within five (King-Snohomish Counties) 15 to reach an agreement within twenty-one (215) days from the date of appointment agree upon a grievance is filed in writing by either party upon the otherperson to act as Chairman, the four (4) shall select a fifth member or but failing to do so within this time they shall jointly request the Federal Mediation BC Labour Board to appoint such Chairman. The board of Arbitration shall, within ten (10) days or such extended period as may be mutually agreed by the parties, hear the parties and Conciliation Service to submit render a list of eleven (11) names of qualified arbitratorsdecision, from which the labor relations committee shall select a fifth member, who shall be chairman, final and binding. The fees and expenses of the decisions Chairman of this committee the Board of Arbitration shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply borne equally by the parties to the specific facts of the issue in disputegrievance. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Grievances. 16.01 All matters pertaining to Section 1 For the proper application and interpretation of any and all of the provisions of this Agreement shall be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions purposes of this Agreement, but a grievance shall be authorized only defined as an alleged violation of a specific provision of this Agreement. Section 2 The purpose of this procedure is to interpret existing provisions secure, at the lowest possible administrative level, equitable solutions to alleged grievances, which may from time to time arise. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. Section 3 All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel file of the participants. Section 4 Nothing herein contained shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the Administration and to have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement as they apply and that the Association has been given the opportunity to be present at such adjustment above Level 1 and to state its views. If the specific facts teacher so chooses, a representative of the issue in disputeAssociation may be present at Level 1. 16.02 During Section 5 Any party in interest (i.e., the person or persons, including the Association, making the claim and any person who might be required to take action or against whom action might be taken to resolve the claim) may be represented at all stages of the grievance procedure by a person of the teacher's own choosing, except that the teacher may not be represented by a representative or an officer of any teacher organization other than the Association or its affiliates. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure except at Level 1. Section 6 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that any matter in the process of making adjustments under being grieved at the rule time this Agreement is signed shall continue to be processed and settled in conformity with the procedures set forth in Section 16.01 above, no strike or lockout shall occurand terms of the previous Agreement. 16.03 No Section 7 If, at the end of ten (10) school days following the occurrence of any grievance, the grievance or claim of violation of this Agreement shall be recognized unless not have been presented in writing at Level One set forth below, the grievance shall be deemed to have been waived, and any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have taken place within ninety (90) days from the date time specified therefore in this Article. Section 8 The Association, through its officers, may initiate action on behalf of a group of grievants. Section 9 No reprisals of any kind will be taken by the Superintendent or by any member of the occurence causing the complaint administration against any party of interest, any school representative, or grievance except any other participants in cases where report of a grievance has been suppressed through coercion by reason of such participation. Section 10 Subject to the Employer. In foregoing, all grievances must be processed in accordance with the event the claim is one for additional wagessteps, any such claim shall be limited to additional wagestime limits, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claimand conditions set forth below.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining 8.01 For purposes of this Agreement, a grievance is a violation or alleged violation of this Agreement, or a matter relating to or involving the interpretation, application or administration of this Agreement. 8.02 The Company, Union and Employees agree that complaints and grievances should be addressed as quickly as possible. 8.03 The Company and Union encourage Employees to bring any complaints to the proper application and interpretation of any and all attention of the provisions Camp Manager for consideration before a grievance is filed. When discussing a complaint with the Camp Manager, an Employee has the right to be accompanied by his Shop Xxxxxxx. If, after bringing the matter to the attention of the Camp Manager, the Employee is still not satisfied, a written grievance may be filed. 8.04 All grievances to be processed hereunder shall be filed in writing, signed by the Employee, and shall set forth the essential facts of the grievance, with reference to the Employee’s particular claim, the Article(s) of this Agreement shall be adjusted by under which the accredited representative of Allied Employers, Inc.grievance is filed, and the accredited redress claimed. Such written grievance shall then form the basis of the grievance through all the steps of the grievance procedure and arbitration process. 8.05 An Employee who has a grievance as defined above shall continue to perform his assigned duties. 8.06 Grievances meeting the above requirements shall be processed within the time limits and in the manner stated below: Step 1: A written grievance shall be prepared and presented to the Camp Manager within ten (14) days of the occurrence of the event giving rise to the grievance. Within five (7) days of receipt of the written grievance, the Camp Manager shall provide a written response to the Employee who signed the grievance and a copy to the staff representative(s) assigned to represent the Employees. Step 2: If settlement is not reached at Step 1, a Shop Xxxxxxx or staff representative of the Union. In Union may submit the event grievance to the Step 3: If settlement is not reached at Step 2, a staff representative of the failure of these parties Union may submit the grievance to reach a satisfactory adjust­ ment the Company’s Chief Operating Officer within seven (7) days of receipt of the area manager’s written response. The Company’s Operation’s Manager shall meet with or otherwise discuss the grievance with the staff representative within ten (10) days of his receipt of the grievance. The Company’s Operations Manager shall provide a written response within fifteen (15) days of his receipt of the grievance. 8.07 When two or more Employees wish to file a grievance arising from the date same alleged violation of this Agreement, such grievance must be handled as a Group Grievance and presented to the Company’s Operation’s Manager at Step 2 of the grievance is filed procedure but in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two no event not more than ten (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (2114) days from the date occurrence of the event giving rise to the grievance. 8.08 The Union shall have the right to initiate a policy grievance or grievance of a general nature. The Company may also file a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions for an alleged violation of this Agreement, but . Such grievances shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts initiated at Step 3 of the issue in disputegrievance procedure. 16.02 During the process of making adjustments under the rule and procedures 8.09 If settlement is not reached at Step 3, a grievance may be referred to Arbitration as set forth in Section 16.01 above, no strike or lockout Article 9. The Union shall occurnotify the Company of its intent to seek arbitration by written notice served by registered mail within fourteen (14) days of receipt of the Operations Manager response after completion of Step 3 of the grievance procedure. 16.03 No 8.10 All time limits for the filing and processing of grievances are mandatory and any non-compliance with such time limits shall result in the grievance being deemed abandoned. Notwithstanding the foregoing, the Company and the Union may, by agreement in writing, extend or claim of violation of this Agreement shall be recognized unless presented in writing within ninety waive any time limit. 8.11 The Company agrees to provide the Union, by registered mail or e-mail, the names and relevant contact information (90mailing address, e-mail address, telephone number, fax number, and mobile telephone number) days from for the date of Camp Manager and Operation’s Manager. 8.12 The Union agrees to provide the occurence causing Company, by registered mail or e-mail, the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by names and relevant contact information (mailing address, e-mail address, telephone number, fax number, and mobile telephone number) for Shop Stewards and staff representative(s) assigned to represent the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claimEmployees.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Grievances. 16.01 All matters pertaining The purpose of this Article is to provide the proper application sole method for the settlement of grievances as defined herein and interpretation such grievances shall be settled in accordance with the following procedure: Step 1 Grievances shall be presented orally by the aggrieved employee to his immediate supervisor (regardless of any and all whether that supervisor is a member of the provisions of this Agreement shall be adjusted by negotiating unit) with or without his Association representative, at the accredited representative of Allied Employers, Inc.employee's option, and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven five (75) working days from the date a grievance is filed in writing by either party upon of knowledge of the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list cause of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply occurrence giving rise to the specific facts grievance. If discussion of the issue grievance with the immediate supervisor does not result in dispute.resolution of the grievance, then: 16.02 During Step 2 The aggrieved employee shall submit his signed written grievance, using the process attached grievance form, to the next level of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike supervision within his department or lockout shall occur. 16.03 No grievance or claim branch of violation of this Agreement shall be recognized unless presented in writing government within ninety ten (90l0) working days from the date of the occurence causing initial discussion of the complaint or grievance except in cases where report with his immediate supervisor. If the level of supervision described above is the Superintendent of Schools, Step 2 and Step 3 shall be combined. After receipt of a written grievance has been suppressed through coercion at this step, the supervisor receiving the grievance shall convene a meeting, within ten (l0) working days of the date the written grievance was received by him, between the aggrieved employee, his Association representative and the supervisor or other representatives of the Employer for the purpose of resolving the grievance. If the grievance is not resolved as a result of this meeting then, not later than three (3) working days following the date the meeting occurred, the Employer will deliver to the aggrieved employee and his Association representative its decision on the grievance in writing. If that decision is unacceptable to the employee, then within three (3) working days: Step 3 The aggrieved employee may then submit his grievance on the prescribed grievance form, to the Superintendent, who within ten (10) working days after he receives the written grievance will convene a meeting between the aggrieved employee, his Association representative and the Superintendent of Schools or other representatives of the Employer, for the purpose of resolving the grievance. In If the event the claim grievance is one for additional wagesnot resolved as a result of this meeting, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.then not later than ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining to 1. Unless otherwise specifically provided in this agreement, the proper application and interpretation term "grievance" as used in this agreement shall mean: Any complaint made by an individual employee or a group of employees contending that the grieving party is being prejudiced as a result of misinterpretation or misapplication of any and all of the terms of this agreement, or discrimination in the application of any of the terms of this agreement or the wage schedules from time to time in effect, or discrimination in the application of any of the Company's policies, practices, routines or rules. Any request for a change in the provisions of this Agreement agreement shall be adjusted an item for collective bargaining. 2. The parties to this agreement are agreed that it is of the utmost importance to address grievances as quickly as possible. The Company and the Union shall discuss information available regarding the grievance at each step of the grievance. 3. No grievance shall be considered unless it is filed within thirty (30) working days of the date an employee could reasonably have been expected to have known of the circumstances giving rise to the grievance. 4. A grievance arising during the currency of this agreement shall be processed in writing, initially by the accredited representative of Allied Employers, Inc., and xxxxxxx with the accredited representative immediate manager of the Unionemployee, or employees, involved. The Union shall provide the nature of the grievance, identify the actions that have violated the agreement and shall provide the company’s Human Resources and Industrial Relations Department with written notification of all grievances presented at the first applicable management level and, immediately following the presentation, will forward a copy of the associated grievance forms. The immediate manager shall render a decision in writing, within five (5) working days of receipt of the grievance. 5. If the grievance is not adjusted in the preceding first step, an appropriate Union representative may present the grievance to the next higher level of management. The appropriate level of management at this step of the procedure shall render a decision, in writing, within five (5) working days of receipt of the grievance. 6. In the event that the grievance has not been adjusted in the previous steps, it shall be referred to the President by the appropriate Union representatives (hereinafter referred to as the "grievance committee"). The President or designate shall render a decision, in writing, within ten (10) working days of receipt of the failure grievance. 7. For the purposes of these parties Clauses 4, 5, and 6 hereof, the persons duly authorized to reach act for and in the place of the Company's representatives mentioned therein during their absence, shall similarly, be authorized to act in respect to the procedure outlined herein. 8. Any grievance decision in writing rendered by the management level in Clause 4 shall be reviewed and a satisfactory adjust­ ment decision rendered as to further action by the Union within seven thirty (730) days from working days. 9. Any grievance decision in writing rendered by the date management level in Clause 5 shall be reviewed and a decision rendered as to further action by the Union within sixty (60) working days. 10. At any stage of this grievance procedure, the employee or employees concerned may be present or be required to attend by either party. 11. The Union shall notify the Company of the personnel of its grievance committee and of any changes in personnel. 12. As far as practicable, all grievances will be dealt with on the Company's time, and no employee or member of the grievance committee will suffer loss of pay by reason of the time spent in discussing grievances with the representatives of the Company. 13. The Company agrees to pay all necessary and reasonable travelling expenses incurred by a member of the grievance committee, including board and lodging, when a member is required to attend a meeting which has been called by the Company outside such member's headquarters. Such expenses to be limited to three (3) members. 14. Any grievance involving a group or groups of employees may be commenced at the step of the grievance procedure involving the first designated representative of the Company having jurisdiction over the employees affected or subject matter concerned. 15. If the Company has a grievance is filed against the Union the grievance may be submitted in writing by either party upon the other, the matter shall be referred for final adjustment President to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In Representatives of the event Union shall meet the labor relations committee fails Retail Clerks #1105 - Grocery President to discuss the grievance within five (King-Snohomish Counties5) 15 to reach an agreement working days of notification that there is a grievance and the Union shall render a decision within twenty-one five (215) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiessuch discussions. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.REVISED: 2011

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining A grievance by the Union may be initiated in writing at the second stage of the grievance procedure, provided the subject matter of the grievance is not such that it could be disposed of at the first stage of the grievance procedure on the grievance of an employee. Any one or more of the employees may present and appeal grievances singly or in groups as individuals or through committee members and the committee in accordance with the procedure provided herein. Whenever in any stage of the procedure it is provided that action be taken by a committee member or the committee, the same action may be taken by the employee or group of employees desiring to present and settle a grievance singly or in a group as individuals. It shall be optional with the Company to decline to consider any grievance, the alleged circumstances of which originated or occurred more than five (5) working days prior to its presentation, provided however, that in the case where an employee could not have become aware of alleged circumstances within said five (5) working days, the said period will commence to run from the time when did become aware of them. FIRST STAGE: Any employee having a grievance shall first submit the same during working hours to his Supervisor and if requests, be accompanied by his committee person. If the grievance cannot be settled by the Supervisor, the employee may during working hours refer it to the proper application and interpretation of any and all committee member in the employees’ department. The committee member, if shall consider the grievance reasonable but not otherwise, shall during working hours present it in writing to the Supervisor in the presence of the provisions of this Agreement aggrieved employee. The Supervisor shall receive and discuss the grievance and shall endeavour to arrange a satisfactory settlement with the committee member and/or the aggrieved employee and shall in any event render his decision in writing not later than the regular working day followingthe day upon which the grievance shall be adjusted received. Further time may be allowed by the accredited representative committee member the’ employee. The may be appealed from by lodging an appeal in writing with the Company management directly or through the chairperson of Allied Employersthe committee within two regular working days after receipt of the supervisors’ decision. The grievanceshall be discussed at a meeting or meetings between the Personnel Manager, Inc., General Supervisor and the accredited representative committeeto be held on notice to be given not later than five (5) working days the receipt of the Union. In supervisors’decision, at such time as may be agreed upon and if no time is agreed upon, within five regular working days following the event receipt of the failure of these parties to reach notice. Further time may be allowed by either party. An international or local representative may attend such meetings. To expedite the settlementof a satisfactory adjust­ ment within seven (7) days from grievance, the date a management shall begin an investigationas soon as possible after the grievance is filed in writing reported by either party the committee and shall make every effort to become fully informed concerningand to be prepared to act promptly upon the othergrievance. An aggrieved employee represented by a committee member of the committee shall, if requested by the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from Company or the Union. In , participate in the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wagesdiscussion, if any, accruing within of his grievance with the ninety (90) day period immediately preceding Factory Manager or the date upon which the Employer received notice in writing of the claimmanagement.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining to 20.1 For the proper application purpose of this Agreement, a grievance is defined as any difference between the parties concerning the interpretation, application, administration, or alleged violation of this Agreement. 20.2 It is agreed that the maintenance of harmonious relations between the parties requires prompt filing and interpretation disposition of any and all grievances. Any grievances, as hereinabove defined which may arise, must be presented within fourteen (14) working days after its occurrence, except for grievances arising out of the provisions Article 16 - Posting of Transfers, which must be presented within ten (10) working days after its occurrence. 20.3 Nothing contained in this Agreement shall be adjusted by deemed to deprive any employee of his right to process any grievance, as herein above defined. 20.4 Upon the accredited representative request of Allied Employersthe employee, Inc.the Union shall have the right to represent the employee to process any grievance under this Agreement, and as herein above defined. A termination of employment shall only occur in the accredited presence of an official representative of the Union. 20.5 Union representatives will be allowed a reasonable amount of time during working hours in which to investigate or present grievances, provided they first obtain permission from their Supervisor to leave their particular assignment. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter The Board agrees that such permission will not be unreasonably withheld. The Union agrees that such privileges will not be abused. 20.6 Grievances shall be referred for final adjustment to a labor relations committee selected dealt with in successive steps, as follows: Two (2) members from : STEP 1 An employee who wishes to register a complaint or discuss a problem shall present it orally to the Employers and immediate Supervisor. The Supervisor has two (2) members from working days in which to make an oral reply. STEP 2 If the immediate Supervisor's decision does not satisfactorily resolve the matter, the employee, with the agreement of the Union, may submit the grievance to the Managing Director within five (5) working days. In The grievance must be in writing, and include a statement of the event following: i) the labor relations committee fails Retail Clerks #1105 - Grocery name(s) of the aggrieved; ii) the nature of the grievance and the circumstances out of which it arose; iii) the remedy or correction the Board is requested to make; and iv) the articles and section(s) where the Agreement is claimed to be violated. The Managing Director shall have five (King-Snohomish Counties5) 15 working days to reach an agreement within twenty-one (21) days from reply to the date a grievance is filed grievance. This reply will also be in writing by either party upon writing. STEP 3 If the otherManaging Director’s decision does not satisfactorily resolve the matter, the four employee, with the agreement of the Union, has five (45) shall select a fifth member or they shall request working days to appeal the Federal Mediation and Conciliation Service decision to submit a list the Board of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesTrustees. The labor relations Board or an appointed committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During Board, will hear the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing appeal within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.ten

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining to (a) It is the proper application and interpretation of any and all mutual desire of the provisions of Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. (b) All meetings at which grievances are processed shall be held in camera. (c) Employees who are covered by this Agreement shall be adjusted by required to follow the accredited representative procedures laid down in this Article and any employee who appeals directly to any Trustee or official of Allied Employersthe Employer shall thereby forfeit all rights under this Article. (d) A grievance shall be defined as any differences arising out of the interpretation, Inc.application, administration, or alleged violation of the collective agreement including any question as to whether a matter is arbitrable. (e) It is understood the same person will not hear the grievance at more than one step of the grievance procedure. (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resources Services or his/her designate, and the accredited representative President and Chief Xxxxxxx of the Union. Union at all steps. (a) In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed by an employee, the employee shall take the matter up with the Employer within and not after ten (10) working days after the employee became aware of the incident or circumstances giving rise to the grievance. (b) A policy grievance or group grievance shall be taken up within and not after ten (10) working days of the Union/employee(s) becoming aware of the incident or circumstances giving rise to the grievance. 10.03 The following procedure shall be adhered to in processing grievances, save as otherwise provided in this Article. STEP 1 The employee shall take the matter up with the employee ’ s immediate supervisor. The employee may, if desired, be accompanied by a Union Xxxxxxx. The immediate supervisor shall have three (3) working days within which to reply in writing by either party upon to the othergrievance. STEP 2 If the Step 1 reply is not satisfactory to the employee, the matter xxxxxxx or the Chief Xxxxxxx/Deputy Chief Xxxxxxx may, within and not after ten (10) working days of the receipt of the reply, advise the appropriate Department Manager or designate of their intent to proceed to Step 2. Should there not be a Department Manager, the Manager of Human Resource Services or designate shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesso advised. The labor relations committee as thus constituted Manager or designate shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to hear the specific facts grievance within ten (10) working days of the issue in dispute. 16.02 During receipt of the process of making adjustments under the rule notice and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented give his/her reply in writing within ninety five (905) working days following the hearing. A grievance at Step 2 shall be in writing, shall contain a concise statement of the facts complained of, xxxxxxx sought and be signed by the employee and the Xxxxxxx or Chief Xxxxxxx. STEP 3 If the Step 2 reply is not satisfactory, the Xxxxxxx or Chief Xxxxxxx/Deputy Chief Xxxxxxx may within and not after ten (10) working days of the receipt of the reply (or if no decision is received within the time limits established in Step 2 submit the grievance to the Executive Superintendent of Human Resource Services or designate. Within ten (10) working days the Executive Superintendent of Human Resource Services or designate shall hear the grievance and shall render a written decision within ten (10) working days following the hearing. The Union may within and not after ten (10) working days from the date of receipt of the occurence causing reply, refer the complaint or grievance except to Arbitration in cases where report accordance with the provision of Article 11. 10.04 A grievance concerning a layoff by reason of a grievance has been suppressed through coercion by redundancy in the work force may be taken up at Step 3 of the Grievance Procedure. 10.05 In the event there are more than one Step 3 Grievance to be dealt with at the same time, a date shall be set to deal with them, that is mutually agreeable between the Union and the Employer. In the event the claim is one for additional wages, any such claim The time limits shall be limited extended if required to additional wages, if any, accruing accommodate this date. 10.06 A grievance filed by a group of employees or a policy grievance of the Union shall be taken up at Step 2 of the Grievance Procedure. 10.07 A policy grievance of the Employer shall be in writing and may be initiated by the Executive Superintendent of Human Resource Services by sending the grievance to the President of the Union by registered mail. If such grievance is not settled within the ninety fifteen (9015) day period immediately preceding working days of the date upon which of such delivery, the Employer received notice in writing may refer the grievance to arbitration. 10.08 Notwithstanding the provisions of the claimLabour Relations Act, a grievance that has not commenced or proceeded to the next step in the Grievance Procedure shall be deemed to be withdrawn. Any of the time limits in this Article may be extended by mutual agreement of the parties in writing. 10.09 In no event shall the Employer be required to consider any grievance which, in respect to the incident giving rise to the grievance, has previously been settled on its merits under the Grievance or Arbitration Procedures.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining to §1. Any grievance that arises regarding the proper meaning, application and or interpretation of any Health Department rules and all regulations shall follow the grievance procedure below through Step 3. Such non-contractual grievances shall not proceed to arbitration. Any grievance that arises regarding the meaning, application or interpretation of the provisions terms of this Agreement shall follow the grievance procedure below: Step 1: A grievance shall be adjusted submitted by the accredited representative of Allied Employersemployee in writing within 10 business days after its occurrence, Inc.in duplicate, and to the accredited representative of IAEP Representative, who shall forthwith file one copy with the UnionEMS Supervisor. In If the event of grievance is not filed in writing, the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days employee shall be barred from proceeding further with said grievance. If the date a grievance is filed in writing by either party upon the otherwriting, the matter IAEP Representative and EMS Supervisor shall forthwith attempt to resolve the grievance. The EMS Supervisor will respond to the employee in writing within five business days or it shall be referred for final adjustment considered a denial of the grievance. Step 2: If the grievance is not resolved at Step 1, the IAEP Representative shall take the matter up with the EMS Chief within five business days of the Step 1 answer in an endeavor to resolve the grievance. The EMS Chief will respond to the employee in writing within 10 business days or it shall be considered a labor relations committee selected denial of the grievance. Step 3: If the grievance is not resolved at Step 2, the IAEP Representative shall refer the matter to the IAEP President, who shall, take the matter up with the Business Administrator within five business days of the Step 2 answer in an endeavor to resolve the grievance. The Business Administrator or designee will respond to the employee in writing within 20 business days or it shall be considered a denial of the grievance. Step 4: If the grievance is not resolved at Step 3, the IAEP or City may refer the matter to arbitration as follows: Two (stated below, provided that written notice is given to the other party within 90 business days of the Step 3 answer. If 90 business days written notice is not given, then the grievance answer shall be considered as accepted between the parties, and arbitration shall not be available as a remedy. §2) members from . Only the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date IAEP or City may submit a grievance is filed in writing by either to arbitration. Either party upon may request PERC to resolve the othergrievance through arbitration, the four (4) shall select a fifth member or they shall and request the Federal Mediation and Conciliation Service to submit that a list of eleven (11) names arbitrators be furnished to the IAEP and City. If the parties cannot arrive at a mutually satisfactory arbitrator within 30 business days after receipt of qualified arbitratorsthe list, from which the labor relations committee PERC shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesan arbitrator. The labor relations committee as thus constituted arbitrator shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions hear the matter on the evidence and within the meaning of this Agreement as they apply to the specific facts and applicable CSC rules and regulations, and render his/her award in writing, which shall be final and binding. The cost of the issue arbitrator’s fee shall be shared equally by the parties. Any IAEP representative or employee required in disputethe grievance procedure to settle disputes on any arbitration shall be released from work without loss of pay for such purpose, and any witness reasonably required shall be made available during working hours without loss of pay for the purpose of disposing of any grievance or arbitration matter. 16.02 During §3. Arbitration shall not be obtainable as a matter of right if the process grievance: a. involves the existence of making adjustments under alleged violation of any agreement other than the present Agreement between the parties. b. would require an arbitrator to rule and procedures on, consider or change the appropriate hourly, salary or incentive rate set forth in Section 16.01 aboveExhibit “A”, no strike by which an employee shall be paid, or lockout the method by which his/her pay shall occurbe determined. 16.03 No grievance c. would require an arbitrator to consider, rule on or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date decide any of the occurence causing following: i. the complaint or grievance except in cases where report elements of a grievance has been suppressed through coercion job assignment. ii. the level, title or other designation of an employee’s job classification. iii. the right of Management to assign or reassign work. iv. pertains in any way to the establishment or administration of insurance, pension, savings or other benefit plans in which employees are eligible to participate. v. the right of Management to determine and assign shift hours, except as limited by the Employerthis Agreement. vi. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing involves discipline or discharge of the claimemployees. vii. involves violations of State laws and regulations.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining 6.1 The Company and the Union agree that it is most desirable to resolve misunderstandings and disputes through discussions between the employee and the supervisor, and both the Company and the Union shall encourage employees to discuss their complaints with their supervisors so as to resolve differences quickly and directly without necessarily having to resort to the proper application and interpretation following formal process. Employees may have benefit of representation by union officials at any and all of the provisions steps in the procedure, and similarly management representatives may have benefit of this Agreement counsel. Formal grievances, whether individual or executive, shall be adjusted raised within thirty (30) days of the date on which the grievance becomes apparent, or ought to have become apparent. Grievances shall be in writing on the approved grievance form, must identify the specific clauses in the Collective Agreement that are being violated and provide specific details in writing with respect to the individuals whose rights have been violated and/or damages resulting from the breach of the Collective Agreement and shall be dealt with in the following manner without stoppage of work. 6.2 Step 1 - The grievance shall be taken up with the first-line out-of-scope supervisor who shall render a decision within three (3) working days of the receipt of the grievance. Executive grievances (those submitted by the accredited representative of Allied Employers, Inc.Union organization rather than by an individual), and grievances which involve appointment to a position within the accredited representative scope of the Unionagreement, or dismissal or a suspension in excess of seven (7) calendar days, shall dispense with step 1. In the event Step 2 - Within seven (7) working days of the failure receipt of these parties the decision in step 1 in the case of individual grievances, and within thirty (30) days of the date on which the grievance(s) becomes apparent or ought to reach have become apparent in the case of executive grievances, the grievance shall be taken up with the appropriate manager who shall render a satisfactory adjust­ ment decision within seven (7) working days. In grievances, which involve a dismissal, or a suspension which exceeds seven (7) calendar days, the Company and the Union may combine steps two and three of the grievance procedure to expedite the matter.‌ Step 3 - In the event that a decision is not rendered within seven (7) working days, or the decision does not lead to a resolution of the grievance in the view of the parties, the General Secretary of the Union or his/her designate shall immediately consult with the Manager of Employee & Labour Relations of the Company or his/her designate. If settlement is not achieved within a further fourteen (14) working days from the date a it may be submitted to arbitration as hereinafter provided for. Step 4 - A grievance is filed in writing referred to arbitration by either party upon giving notice to the other, the matter other in writing of their intention to do so. Such written notice shall be referred for final adjustment to a labor relations committee selected as follows: Two given within ten (210) members working days of the receipt of decision at step 3, or from the Employers expiry of the time limits at step 3, whichever is the earlier. Within seven (7) working days of receipt of such written notice, each party shall appoint a nominee. Within a further seven (7) working days the General Secretary of the Union and two (2) members from the UnionManager of Employee and Labour Relations of the Company or their designates shall consult with regard to appointing a Chairperson to the Board. In If the event Union and the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 Company fail to reach an agreement within twenty-one (21) days from agree on the date appointment of a grievance is filed in writing by either party upon the otherChairperson, the four (4) shall select a fifth member or they shall request the Federal Mediation Minister of Labour to appoint a Chairperson of the Arbitration Board and Conciliation Service the person so appointed shall be duly empowered to submit act accordingly. Upon agreement between the Company and the Union the Board may consist of a list single arbitrator. 6.3 Time limitations in the preceding process may be extended by mutual agreement between the parties, provided that requests for extension are made prior to the expiry of eleven (11) names the time limitation. 6.4 In the event of qualified arbitratorsa grievance, from the Company agrees, upon request, to provide the Union with copies of disciplinary and/or appraisal documents that have been served upon the employee which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power Company intends to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply use in regard to the specific facts grievance. 6.5 References to disciplinary matters shall be removed from the employee’s personnel file after two (2) years providing there have been no further incidents of the issue same or substantially similar nature during that two-year period, and such references, once removed, will no longer be admissible as evidence in disputeany arbitration hearing. 16.02 During 6.6 A grievance not initiated or advanced within the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement time limits shall be recognized unless presented in writing within ninety (90) days from deemed abandoned, and all rights or recourse to the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim and arbitration procedure shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claimat an end.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining The Union shall elect a grievance committee consisting of not more than three (3) Stewards whose duty it shall be to represent Employees in presenting and attempting to resolve grievances presented under this Article. The Union shall notify the proper application and interpretation of any and all Company in writing of the names of the Stewards serving on the Grievance Committee. The Company shall not be required to recognize any Xxxxxxx until such notification from the Union has been received. In this and in Article a grievance shall be defined as a complaint regarding the interpretation, application, or alleged violation of the terms and provisions of this Agreement or in the case of an Employee who has acquired seniority under this Agreement, a complaint that he has been discharged or disciplined without just cause. Any Employee having a grievance shall be adjusted by required to submit the accredited representative grievance to the Grievance Committee in writing who in turn shall take the matter up with the representatives of Allied Employersthe Company. The word as used in this Article and in Articles and shall mean working days, Inc., other than an Employee's day off or a Statutory Holiday referred to in Article Grievances shall be processed in the following manner and the accredited sequence: STEP A representative of the Union. In Grievance Committee shall submit a signed, dated written statement of the grievance setting particulars of the grievance to the Branch Manager or his delegate within ten (10) days of the event of giving rise to the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the othergrievance. If not so presented, the matter grievance shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from forfeited and waived by the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesaggrieved party. The labor relations committee as thus constituted Branch Manager or his delegate shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented deliver his decision in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.two

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining 20.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the proper interpretation, application and interpretation or alleged violation of any and all of this Agreement. 20.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievance shall be adjusted by presented indicating the accredited representative provision of Allied Employersthe Collective Agreement which has been allegedly violated and shall be processed as follows: Within ten (10) working days after the event giving rise to the grievance occurs, Inc.the employee and his store xxxxxxx shall discuss the grievance with the Store Manager. The Manager shall give an oral answer to the grievance within four (4) working days. Failing settlement: The grievance shall be reduced to writing and will be discussed between the Union Representative, the Store Manager and the accredited representative District Manager. This discussion will be held within seven (7) working days of the decision of Step One. The District Manager will give his answer in writing within four (4) working days of the date of the meeting. Failing settlement: The grievance shall be forwarded to the Head Office of the Employer within one (1) week of the decision at Step Two and the Employer shall have one (1) week to dispose of the grievance. The decision shall be in writing and sent to the offices of the Union. In If considered necessary by the event of parties, a meeting may be held by the failure of these parties and may include the interested persons. If a meeting is held, the decision shall be given to reach a satisfactory adjust­ ment the other party within seven (7) days from the date of the meeting. 20.03 In the case of a discharge, a grievance is may be filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Unionan employee who feels he was unjustly dealt with. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date Such a grievance is must be filed in writing by either party upon the other, the an employee who feels he was unjustly dealt with. Such a grievance must be filed within four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) working days from the date of dismissal and shall commence at Step Two. In any subsequent disposal of this case during the occurence causing Grievance Procedure, the complaint Employer may reinstate the employee with full back pay, suspend the employee for a definite period or grievance except in cases where report of a grievance has been suppressed through coercion sustain the discharge, if mutually agreed to by the Employer. In the event the claim is one for additional wages, any such claim parties of this Agreement. 20.04 Grievances concerning rates shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing commence at Step Two of the claimGrievance Procedure and the disposition of such grievances if sustained, shall include the determination of the effective date of the increase with retroactivity thereto. 20.05 The Employer or the Union may file grievances commencing at Step Three. 20.06 The limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining to the proper application and interpretation of any and all of the provisions of this Agreement shall 1. A grievance must be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing to the other party within ninety forty-five (9045) calendar days from the date of knowledge of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date facts upon which the Employer received notice grievance is based by the party submitting the grievance. 2. If a grievance is alleged by the District, it shall be presented in writing to the Union and, if appropriate, to the affected employee. 3. If a grievance is alleged by an employee covered by this contract, or by the Union, it shall be presented to the Transportation Manager or the Superintendent of Transportation. After submission of a grievance, as set forth above, the parties shall meet promptly, and in any event within fifteen (15) calendar days from receipt thereof, unless the time is extended by mutual written agreement of the claimparties. The first level hearing may be waived by mutual consent. 4. At the completion of the grievance hearing, a written decision of such hearing shall be rendered within fifteen (15) calendar days and copies furnished to the Union and the employee. Failure of the Transportation Manager to render a decision within the time specified shall result in an automatic decision in favor of the grievant. If the grievant is dissatisfied with the decision rendered by either the Transportation Manager or Superintendent of Transportation, they shall have the right to appeal through the Union President, to the Bus Transit Manager or the Bus Transit Manager’s duly authorized representative. Appeals shall be filed within fifteen (15) calendar days after the Union is notified of the decision. 5. Grievance hearings on appeal shall be held within fifteen (15) calendar days after receipt of demand, unless they are continued through mutual consent. The hearing officer shall make a decision on the appeal within ten (10) calendar days of the conclusion of the hearing, and notify the Union and the affected employee of the same. Employees who are required by the District to attend investigations, grievance meetings or hearings will be reimbursed for lost time. Any employee or employees ultimately found to be entitled to reinstatement upon the resolution of the grievance shall be reinstated with no loss of pay.

Appears in 1 contract

Samples: Memorandum of Understanding

Grievances. 16.01 All matters pertaining to (a) It is the proper application and interpretation of any and all mutual desire of the provisions of Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances. (b) All meetings at which grievances are processed shall be held in camera. (c) Employees who are covered by this Agreement shall be adjusted by required to follow the accredited representative procedures laid down in this Article and any Employee who appeals directly to any Trustee or official of Allied Employersthe Employer shall thereby forfeit all rights under this Article. (d) A grievance shall be defined as any differences arising out of the interpretation, Inc.application, administration, or alleged violation of the Collective Agreement including any question as to whether a matter is arbitrable. (e) It is understood the same person will not hear the grievance at more than one step of the grievance procedure. (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resources Services or his/her designate, and the accredited representative President and Chief Xxxxxxx of the UnionUnion at all steps. (g) Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The Agreement shall be made in writing and stipulate the name of the person and time for grievance mediation to occur. The Parties will jointly, in equal shares, bear the expenses of the Mediator. (a) In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance by an Employee, the Employee shall take the matter up with the Employer within and not after ten (10) working days after the Employee became aware of the incident or circumstances giving rise to the grievance. The grievor is entitled to be present at all steps in the Grievance Procedure. (b) A policy grievance or group grievance shall be taken up within and not after ten (10) working days of the Union/Employee(s) becoming aware of the incident or circumstances giving rise to the grievance. A grievance filed by a group of Employees or a policy grievance of the Union shall be taken up at Step 2 of the Grievance Procedure. (c) A grievance concerning a layoff by reason of a redundancy in the work force may be taken up at Step 3 of the Grievance Procedure. (d) A grievance which does not involve the immediate Supervisor may be taken up at Step 2 of the Grievance Procedure. 12.03 The following procedure shall be adhered to in processing grievances, save as otherwise provided in this Article. STEP 1 The Employee shall take the matter up with the Employee’s immediate supervisor. The Employee may, if desired, be accompanied by a Union Xxxxxxx. The immediate supervisor shall have three (3) working days within which to reply in writing by either party upon to the othergrievance. STEP 2 If the Step 1 reply is not satisfactory to the Employee, the matter Xxxxxxx or the Chief Xxxxxxx/Deputy Chief Xxxxxxx may, within and not after ten (10) working days of the receipt of the reply, advise the appropriate Department Manager or designate of their intent to proceed to Step 2. Should there not be a Department Manager, the Manager of Human Resource Services or designate shall be referred for final adjustment to so advised. The Manager or designate shall hear the grievance within ten (10) working days of the receipt of the notice and shall give his/her reply in writing within five (5) working days following the hearing. A grievance at Step 2 shall be in writing, shall contain a labor relations committee selected as follows: concise statement of the facts complained of, redress sought and be signed by the Employee and the Xxxxxxx or Chief Xxxxxxx. STEP 3 If the Step Two (2) members from reply is not satisfactory, the Employers Xxxxxxx or Chief Xxxxxxx/Deputy Chief Xxxxxxx may within and two not after ten (10) working days of the receipt of the reply (or if no decision is received within the time limits established in Step Two (2)) members from submit the Uniongrievance to the Executive Superintendent of Human Resource Services or designate. In Within ten (10) working days the event Executive Superintendent of Human Resource Services or designate shall hear the labor relations committee fails Retail Clerks #1105 - Grocery grievance and shall render a written decision within ten (King-Snohomish Counties10) 15 to reach an agreement within twenty-one (21) working days from following the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partieshearing. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule union may within and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety not after ten (9010) working days from the date of receipt of the occurence causing reply, refer the complaint or grievance except to Arbitration in cases where report accordance with the provision of Article 13 (Arbitration). 12.04 In the event there are more than one Step Three (3) Grievance to be dealt with at the same time, a grievance has been suppressed through coercion by date shall be set to deal with them, that is mutually agreeable between the Union and the Employer. In the event the claim is one for additional wages, any such claim The time limits shall be limited extended if required to additional wages, if any, accruing accommodate this date. 12.05 A policy grievance of the Employer shall be in writing and may be initiated by the Executive Superintendent of Human Resource Services within and not after ten (10) working days of the ninety Employer becoming aware of the incident or circumstances giving rise to the grievance by sending the grievance to the President of the Union by registered mail. If such grievance is not settled within fifteen (9015) day period immediately preceding working days of the date upon which of such delivery, the Employer received notice in writing may refer the grievance to arbitration. 12.06 Any of the claimtime limits in this Article may be extended by mutual agreement of the parties in writing. 12.07 In no event shall the Employer be required to consider any grievance which, in respect to the incident giving rise to the grievance, has previously been settled on its merits under the Grievance or Arbitration Procedures.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining A. In the event a complaint is not satisfactorily handled per Article III Section A per this agreement, the grievant or the Clerical Council Executive Board shall present a written statement on an official grievance form (See Appendix C) of the alleged violation to the proper application immediate supervisor with a copy to the Human Resources Center. The grievance must be filed within twenty (20) days of the occurrence giving rise to the grievance or the date when such event could reasonably have been ascertained or become known to the grievant. The supervising administrator shall, within ten (10) days of the receipt of the grievance, confer with the grievant and/or his/her representative to try to resolve the grievance. Within five (5) days after the completion of the conference, the supervising administrator shall give his/her written decision. B. As used herein, "days" means days on which the college business office is open, with the exception of Saturdays, Sundays and interpretation holidays. C. If no agreement is reached within five (5) days, it then may be presented to the appropriate Vice President. Statements written by the supervising administrator and grievant shall be forwarded to the appropriate Vice President. Within ten (10) days of any the receipt of the appeal, the appropriate Vice President shall confer with the Clerical Council Executive Board and the grievant in an effort to resolve the grievance. The Vice President shall give the grievant an answer in writing in five (5) days. D. If the grievance is not resolved in C, the full-time employee may, within five (5) days of the receipt of the Vice President's answer, submit to the President, or designee, of the college a signed statement of grievance. The statement of the grievance shall name the full-time employee involved, shall state the facts giving rise to the grievance, shall identify all of the provisions of this Agreement alleged to be in violation by appropriate reference, shall state the contention of the full-time employee and/or of the Clerical Council Executive Board with respect to these provisions, shall indicate the relief requested and shall be adjusted signed by the accredited representative full-time employee involved. Within ten (10) days of Allied Employersthe receipt of the appeal, Inc., the President or designee shall confer with the Clerical Council Executive Board and the accredited representative grievant in an effort to resolve the grievance. The President or designee shall give an answer in writing within ten (10) days. If further investigation is needed by either party, additional time by mutual agreement may be allowed. Except for discharge or disciplinary grievances, appeals from D, are made only to binding arbitration. E. If a full-time employee is grieving disciplinary action or termination of employment and the grievance is not resolved in D, the grievant may appeal to the Board of Trustees of the UnionCollege. In the event The appeal must be within ten (10) days after his/her receipt of the failure answer from the President of these parties the College. The Board of Trustees shall consider such appeal at a meeting to reach a satisfactory adjust­ ment be convened within seven twenty (720) days from of the date filing of the appeal. Such meetings shall be closed to the public, but the Clerical Council Executive Board shall have the right to have a representative present. The Board of Trustees shall respond in the same manner as set forth in C. F. If the Clerical Council Executive Board is not satisfied with the disposition of the grievance is filed in writing by either party upon the otherat C, or where applicable, D, the matter Union may submit the grievance to arbitration by filing a demand for the same with the President or designee within twenty (20) days of the D answer. The arbitrator shall be referred for final adjustment selected pursuant to a labor relations committee selected the procedures of the American Arbitration Association, which shall supervise the proceedings in accordance with its practices. 1. Except as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing provided by either party upon the otherlaw, the four (4) parties shall select a fifth member not be permitted to assert in such arbitration proceedings and grounds or they shall request to reply on any evidence not previously disclosed to the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesother party. 2. The labor relations committee as thus constituted arbitrator shall have no power to alter, add to, or subtract from, or change or modify any provisions from the terms of this Agreement, but . 3. The arbitrator's decision shall be authorized only binding. 4. The fees and expenses of the arbitrator shall be shared equally by both parties. 5. If the grievant and/or the Clerical Council Executive Board shall fail to interpret existing provisions of this Agreement as they apply appeal a grievance to the specific facts of next step on a timely basis, the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from deemed withdrawn. If the date Board of the occurence causing the complaint or Trustees shall fail to answer any grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding time stipulated, the date upon which the Employer received notice in writing of the claimgrievance may be appealed to arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining to (a) It is the proper application and interpretation of any and all mutual desire of the provisions of Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances. (b) All meetings at which grievances are processed shall be held in camera. (c) Employees who are covered by this Agreement shall be adjusted by required to follow the accredited representative of Allied Employers, Inc., procedures laid down in this Article and the accredited representative any Employee who appeals directly to any Trustee or official of the UnionEmployer shall thereby forfeit all rights under this Article. (d) A grievance shall be defined as any differences arising out of the interpretation, application, administration or alleged violation of the Collective Agreement including any question as to whether a matter is arbitrable. (e) It is understood the same person will not hear the grievance at more than one step of the grievance procedure. (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resources Services or his/her designate, the President and Chief Xxxxxxx of the Union at all steps. (g) Nothing in this Article precludes the parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The Agreement shall be made in writing and stipulate the name of the person and time for grievance mediation to occur. The Parties will jointly, in equal shares, bear the expenses of the Mediator. (a) In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance by an Employee, the Employee shall take the matter up with the Employer within and not after ten (10) working days after the Employee became aware of the incident or circumstances giving rise to the grievance. The grievor is entitled to be present at all steps in the Grievance Procedure. (b) A policy grievance or group grievance shall be taken up within and not after ten (10) working days of the Union/Employee(s) becoming aware of the incident or circumstances giving rise to the grievance. A grievance filed by a group of Employees or a policy grievance of the Union shall be taken up at Step 2 of the Grievance Procedure. (c) A grievance concerning a layoff by reason of a redundancy in the work force may be taken up at Step 3 of the Grievance Procedure. (d) A grievance which does not involve the immediate supervisor may be taken up at Step 2 of the Grievance Procedure. 12.03 The following procedure shall be adhered to in processing grievances, save as otherwise provided in this Article: STEP 1 The Employee shall take the matter up with the Employee’s immediate Supervisor. The Employee may, if desired, be accompanied by a Union Xxxxxxx. The immediate Supervisor shall have three (3) working days within which to reply in writing by either party upon to the othergrievance. STEP 2 If the Step 1 reply is not satisfactory to the Employee, the matter Xxxxxxx or the Chief Xxxxxxx/Deputy Chief Xxxxxxx may, within and not after ten (10) working days of the receipt of the reply, advise the appropriate Department Manager or designate of their intent to proceed to Step 2. Should there not be a Department Manager , the Manager of Human Resource Services or designate shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesso advised. The labor relations committee as thus constituted Manager or designate shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to hear the specific facts grievance within ten (10) working days of the issue in dispute. 16.02 During receipt of the process of making adjustments under the rule notice and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented give his/her reply in writing within ninety five (905) working days following the hearing. A grievance at Step 2 shall be in writing, shall contain a concise statement of the facts complained of, redress sought and be signed by the Employee and the Xxxxxxx or Chief Xxxxxxx. STEP 3 If the Step 2 reply is not satisfactory, the Xxxxxxx or Chief Xxxxxxx/Deputy Chief Xxxxxxx may within and not after ten (10) working days of the receipt of the reply (or if no decision is received within the time limits established in Step 2 submit the grievance to the Executive Superintendent of Human Resource Services or designate. Within ten (10) working days the Executive Superintendent of Human Resource Services or designate shall hear the grievance and shall render a written decision within ten (10) working days following the hearing. The Union may within and not after ten (10) working days from the date of receipt of the occurence causing reply, refer the complaint or grievance except to Arbitration in cases where report accordance with the provision of Article 13.01. 12.04 In the event there are more than one Step Three (3) Grievances to be dealt with at the same time, a grievance has been suppressed through coercion by date shall be set to deal with them, that is mutually agreeable between the Union and the Employer. In the event the claim is one for additional wages, any such claim The time limits shall be limited extended if required to additional wages, if any, accruing accommodate this date. 12.05 A policy grievance of the Employer shall be in writing and may be initiated by the Executive Superintendent of Human Resource Services within and not after ten (10) working days of the ninety Employer becoming aware of the incident or circumstances giving rise to the grievance by sending the grievance to the President of the Union by registered mail. If such grievance is not settled within fifteen (9015) day period immediately preceding working days of the date upon which of such delivery, the Employer received notice in writing may refer the grievance to arbitration. 12.06 Any of the claimtime limits in this Article may be extended by mutual agreement of the parties in writing. 12.07 In no event shall the Employer be required to consider any grievance which, in respect to the incident giving rise to the grievance, has previously been settled on its merits under the Grievance or Arbitration Procedures.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining to (a) It is the proper application and interpretation of any and all mutual desire of the provisions of Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances. (b) All meetings at which grievances are processed shall be held in camera. (c) Employees who are covered by this Agreement shall be adjusted by required to follow the accredited representative procedures laid down in this Article and any Employee who appeals directly to any Trustee or official of Allied Employersthe Employer shall thereby forfeit all rights under this Article. (d) A grievance shall be defined as any differences arising out of the interpretation, Inc.application, administration or alleged violation of the Collective Agreement including any question as to whether a matter is arbitrable. (e) It is understood the same person will not hear the grievance at more than one step of the grievance procedure. (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resources Services or his/her designate, and the accredited representative President and Chief Xxxxxxx of the Union. Union at all steps. (a) In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance by an Employee, the Employee shall take the matter up with the Employer within and not after ten (10) working days after the Employee became aware of the incident or circumstances giving rise to the grievance. The grievor is entitled to be present at all steps in the Grievance Procedure. (b) A policy grievance or group grievance shall be taken up within and not after ten (10) working days of the Union/Employee(s) becoming aware of the incident or circumstances giving rise to the grievance. A grievance filed by a group of Employees or a policy grievance of the Union shall be taken up at Step 2 of the Grievance Procedure. (c) A grievance concerning a layoff by reason of a redundancy in the work force may be taken up at Step 3 of the Grievance Procedure. 12.03 The following procedure shall be adhered to in processing grievances, save as otherwise provided in this Article: STEP 1 The Employee shall take the matter up with the Employee’s immediate Supervisor. The Employee may, if desired, be accompanied by a Union Xxxxxxx. The immediate Supervisor shall have three (3) working days within which to reply in writing by either party upon to the othergrievance. STEP 2 If the Step 1 reply is not satisfactory to the Employee, the matter Xxxxxxx or the Chief Xxxxxxx/Deputy Chief Xxxxxxx may, within and not after ten (10) working days of the receipt of the reply, advise the appropriate Department Manager or designate of their intent to proceed to Step 2. Should there not be a Department Manager , the Manager of Human Resource Services or designate shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesso advised. The labor relations committee as thus constituted Manager or designate shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to hear the specific facts grievance within ten (10) working days of the issue in dispute. 16.02 During receipt of the process of making adjustments under the rule notice and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented give his/her reply in writing within ninety five (905) working days from following the date hearing. A grievance at Step 2 shall be in writing, shall contain a concise statement of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion facts complained of, redress sought and be signed by the Employer. In Employee and the event Xxxxxxx or Chief Xxxxxxx. STEP 3 If the claim Step 2 reply is one for additional wagesnot satisfactory, any such claim shall be limited to additional wages, the Xxxxxxx or Chief Xxxxxxx/Deputy Chief Xxxxxxx may within and not after ten (10) working days of the receipt of the reply (or if any, accruing no decision is received within the ninety time limits established in Step 2 submit the grievance to the Executive Superintendent of Human Resource Services or designate. Within ten (9010) day period immediately preceding working days the date upon which Executive Superintendent of Human Resource Services or designate shall hear the Employer received notice in writing of the claim.grievance and shall render a written decision within ten

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining It is the intention of the parties hereto to establish the means for promotion and equitable settlement of dis- putes as to questions of fact that may arise out of the application or interpretation of this Agreement. Whenever any labour dispute, controversy, grievance or other difference arises between the Company and the Union, or between the Company and any of its employees, covered by this Agreement, as to the proper meaning, application and interpretation or operation of any provision of this Agreement, involving questions of fact, such mat- ters shall be handled in the following way: Complaining employees shall first discuss the complaint with their supervisor, either individu- ally or together with their xxxxxxx. Failing sat- isfactory adjustment of the complaint by the supervisor, within seven (7) calendar days of it having been referred to him, the complainant may, within fourteen (14) calendar days of the action causing the complaint, present the com- plaint to the supervisor, as a grievance within the meaning of the Agreement. Such presen- tation shall be in writing and all signed by the com- plaining employee. Failing satisfactory adjustment by the supervi- sor within seven (7) calendar days of it having been referred to him in writing, the complaining employee may submit this complaint to the Union Grievance Committee. If the Union Grievance Committee finds such complaint well taken, it shall be submitted in writing to the Complex Manager within a further (7) calendar days a conference composed of the Complex Manager and the Union Grievance Committee or their authorized repre- sentatives shall meet to discuss the complaint. Within seven (7) calendar days of the confer- ence, the Complex Manager shall render a decision in writing to the Union. If the complaint is still not settled to the satis- faction of either the Union Grievance Committee or the Company after following the foregoing procedure, then either party may within sixty (60) calendar days of the date of the Complex Manager’s written decision pur- suant to (2) above request that the matter be submitted to arbitration by the following proce- dure: The party desiring to submit the grievance to arbitration shall notify the other party in writing of the name of the first party’s appointee to the Arbitration Board and the notification shall contain a statement of the difference. The recipient of the notice shall within seven (7) calendar days, inform the other party of the name of its appointee to the Arbitration Board. If the recipient of the notice fails to appoint an arbitrator within the time limit, the appointment shall be made by the Board of Industrial Relations upon the request of either party where the Board decides the difference is arbitrable. Within seven (7) calendar days the two (2) appointees shall elect a third (3rd) person and this three (3) person Board shall hear both sides of the matter and render a deci- sion in accordance with this Agreement which shall be final and binding on both par- ties. Should the two (2) arbitrators fail to agree on the selection of a third (3rd) mem- ber to serve on the Arbitration Board within seven (7) calendar days after their they shall request the Minister of Labour for the Province of Alberta to submit the names of three (3) impartial persons, one of whom shall be chosen by the process of elimination as the third (3rd) member of the Board. Each of the parties to the Agreement will bear the expenses of the arbitrator appoint- ed by it; and the parties will jointly bear the expenses, if any, of the third (3rd) person. The Arbitration Board is empowered to deal only with matters of fact involving the interpre- tation, application, or alleged violation of this Agreement. The Board shall not have the power to alter, amend, set aside, add to or delete from any of the provisions of this Agreement Agreement, nor shall be adjusted by it have the accredited representative of Allied Employers, Inc., and right to render any decision inconsistent with the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions terms of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining For the purpose of this Agreement, grievances may be classified as either: Personal Grievances which are complaints regarding: alleged unjust treatment or discrimination; alleged unfair working conditions; any disciplinary action. Contractual grievances which concern the interpretation, application, operation or alleged violation of this Agreement, including any questions as to the proper application and interpretation of any and all arbitrable nature of the provisions of this Agreement matter shall be adjusted dealt with in accordance with the following procedures. Grievances as identified in Clause shall be initiated by the accredited Employee as follows: the Employee and/or the Union representative of Allied Employers, Inc., and will discuss the accredited representative subject of the Union. In proposed grievance with the event Employee’s first level classified Supervisor within thirty (30) calendar days of the failure date upon which the subject of these parties the grievance occurred or the time the Employee first became aware of the subject of the grievance, in an attempt to reach a satisfactory adjust­ ment resolve the matter; if the Employee continues to be dissatisfied, he should submit the grievance in writing within fourteen (14) calendar days of discussion with the first level classified Supervisor to the Department Manager. The Manager, in consultation with Human Resources, will undertake to deal with the matter at issue and will respond in writing to the within seven (7) calendar days; if the Union does not accept the decision of the Department Manager, they may request in writing within seven (7) calendar days of receiving the Department Manager’s decision that the Chief Administrative Officer review the grievance. The Chief Administrative Officer shall hear the matter within ten (10) calendar days and will advise the Union in writing within fourteen (14) calendar days of the hearing; if the grievance is not settled as a result of the Chief Administrative Officer’s decision, the Union may refer the matter to arbitration pursuant to the Labour Relations Code; by mutual agreement, the time limits stated above may be extended. Contractual Grievances concerning Clause may be initiated either by the Union or the County in the following manner: Contractual Grievances shall be initiated either by the Union or the County in writing, within sixty (60) calendar days from the date a grievance is filed in writing by either party upon the other, day that the matter giving rise to the grievance came to the attention of the Designated Officer of the Union or Official of the County. The written notice of the grievance shall be submitted to the Secretary of the Union or the Manager, Legislative and Legal Services Department of County and shall stipulate the general particulars of the grievance together with to the allegedly violated clause of the Agreement; Grievances submitted in accordance with Clause shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from Grievance Committee which shall endeavour to resolve the Employers difference. This Committee will be composed of two representatives of the County and two members of the Union appointed by the Executive. This Committee shall meet within fifteen (215) members from calendar days of the Unionsubmission of the written notice by either party; after the parties have met in accordance with the preceding clause, each party will give any decision made in writing to the other party within fifteen (15) calendar days. In the event that the two parties reach a mutually acceptable agreement concerning the matter in question, a written and signed notice of agreement will supersede the aforementioned notice of decision; in the event that the parties do not reach a mutually acceptable agreement, or that either party does not accept the written notice of decision of the opposite party within thirty (30) calendar days of the Chief Administrative Officer’s decision as per Xxxxxx either party may notify the other party in writing of its intention to submit the grievance to arbitration pursuant to the provision of the Labour Relations Code; by mutual agreement, the time limits set out in the above articles may be extended. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (Kingmatter being grieved is presented to an Arbitration Board, each Party shall bear the expense of its respective nominee and shall bear one-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from half of the date expenses of the Chairman of the Arbitration Board. The Arbitration Board by its decision shall not alter, amend or otherwise change the terms of this Collective Agreement. All Union members submitting a grievance is filed in writing have the right to be assisted by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in disputean attending Union Representative. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 18.01 All matters pertaining grievances or disputes resulting from the operation of the Agreement or arising under specific clauses thereof, or in any way affecting relations between the Employer and the employees covered thereby shall be handled in the following manner. A grievance filed by an employee shall commence with Step 1. A grievance filed by the Union will be called a dispute and commence with Step 3. STEP 1: An employee and/or a designated Union representative shall discuss the grievance with the appropriate Employer representative prior to initiating a grievance. This discussion would normally take place within 15 working days of the incident giving rise to the proper application and interpretation of any and all of grievance. STEP 2: If no agreement can be reached at step 1, the provisions of this Agreement grievance shall be adjusted submitted, in writing, signed by the accredited representative of Allied Employersaggrieved employee, Inc.to the Office Xxxxxxx, and who will present such grievance or complaint to the accredited representative Employer, who will give it prompt attention. In offices where there is no Office Xxxxxxx, the grievance shall be presented, in writing, signed by the aggrieved employee, to the Business Representative of the Union, who will then take up the grievance as set forth in this Section. In The employee may or may not be present as she or he may elect. Any grievance must be filled within twenty-five (25) working days after the event grievance occurs, unless circumstances beyond the control of the failure aggrieved employee or in the nature of these parties to reach a satisfactory adjust­ ment the grievance prevents such filing. STEP 3: If no agreement can be reached on the grievance or dispute within seven ten (710) days from the date a grievance is filed in writing it was first presented by either party upon the otherOffice Xxxxxxx or Business Representative of the Union, the matter shall may then be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed Arbitration procedure outlined in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions Article 19 of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures . The time limits herein set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall may be recognized unless presented in writing within ninety (90) days from extended upon mutual agreement between the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by Union and the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining to A claim or complaint by a bargaining unit member or group of bargaining unit members or the proper application and interpretation union that there has been a violation, misinterpretation, or misapplication of any and all of the provisions provision of this Agreement shall Agreement, or any established practice, which is of two (2) or more years duration may be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Unionprocessed as a grievance as hereinafter provided. STEP 1. In the event that a unit member or the union believe a grievable incident has occurred, the member or the union shall request a meeting with the supervisor involved within five (5) working days of the failure occurrence of these parties such grievable incident or the grievant's knowledge of the occurrence. The supervisor will schedule a meeting on the grievance within five (5) working days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) working days following the meeting. If the grievant is unsatisfied with the answer or the supervisor fails or refuses to reach provided such meeting within five (5) days of the request, the claim or complaint may be formalized in writing as provided hereunder. STEP 2. A formalized grievance shall be submitted, in writing, within ten (10) days of the meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be sent to the union and the immediate supervisor. The immediate supervisor shall, within five (5) days of the receipt of the grievance, render a satisfactory adjust­ ment written decision. A copy of this decision shall be forwarded to the grievant(s) and the union. STEP 3. If the union is not satisfied with the disposition of the grievance at Step 2 or if no disposition has been made within five (5) days of receipt of the written grievance, the grievance shall be transmitted to the superintendent within five (5) days of the receipt of the Step 2 answer. Within seven (7) days from after the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by so submitted, the Employersuperintendent shall meet with the union on the grievance. In The superintendent, within five (5) days after the event conclusion of the claim meeting, shall render a written decision thereon with copies to the union and the grievant(s). If the union is one for additional wages, any such claim shall be limited to additional wages, not satisfied with the disposition of the grievance at Step 3 or if any, accruing no disposition has been made within the ninety period above provided the union may, within sixty (9060) day period immediately preceding days, submit the date upon which the Employer received notice in writing of the claimgrievance to arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining between employees and the Company shall be settled by the following procedures and there shall be no stop- page of work because of the differences. The Union shall arrange for the election or temporary appointment from its working membership therein, of a Union Committee of three headed by a Union Xxxxxxx. The Company shall be in writing as to the proper application and interpretation of any and all names of the provisions Union Committee. Step Any grievance arising during the term of this Agreement must be presented for adjustment not later than thirty (30) days after the grievance occurred. A grievance of an employee shall be adjusted taken by the accredited representative of Allied Employers, Inc., employee singly or together with the Xxxxxxx and/or Union Representative directly to the employee’s immediate supervisor and a decision thereon shall be rendered within forty-eight (48) hours from the accredited representative presenta- tion of the Uniongrievance. In An grievance arising during the event term of this Agreement must be presented for adjustment prior to the termination of this Agreement. Step If this decision is not satisfactory to the aggrieved employee the grievance shall be made in writing and signed by the aggrieved employee and/or a Xxxxxxx and shall be pre- sented to the Plant Superintendent by the Union Xxxxxxx and/or Union Representative within seven (7) working days from the date of the failure decision under paragraph above. A decision shall be rendered within ninety-six (96) hours from the presentation of these parties the grievance. Step If the decision is not satisfactory the aggrieved employee the grievance shall be presented to reach the Plant Manager by the Union Representative within seven (7) work- ing days from the date of the decision under paragraph above and shall be dealt with at a satisfactory adjust­ ment meeting of the Union Committee headed by a Union Representative and Management and such decision shall be rendered within seven (7) days from or within such further time as may be mutually agreed upon. Step In the date a event that the grievance is filed not settled in writing by either party upon the otherabove manner, the matter it shall be referred for to arbitration and notice of processing to arbitration shall be made on the opposite party within thirty (30) days of the decision rendered under Section above. In arbitration, the Company and the Union shall each select one person. These two shall select a third party who shall act as Chairperson. Either party shall appoint its nominees not later than five (5) days after receipt of written notice of the other parties nomination. The arbitration board’s decision shall be final adjustment and binding on both parties to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Unionthis Agreement. In the event of a failure of the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 two people selected by the respective parties to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or third party as provided above, they shall request ask the Federal Mediation and Conciliation Service Provincial Minister of Labour to submit appoint a list third party. Nothing contained in this article shall prevent the parties from mutually agreeing to a single arbitrator. It is understood that the function of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who Arbitration Board shall be chairman, to interpret and apply this Agreement and it shall deal only with the decisions of this committee shall be binding on both parties. The labor relations committee specific question as thus constituted submitted and shall have no power to alter, add to, subtract from, or change or modify any provisions of amend this Agreement. However, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts function of the issue in dispute. 16.02 During Arbitration Board shall include the process of making adjustments power to consider rates for non-listed classifications under Section and to revise the rule and procedures set forth in Section 16.01 above, rates therefore. The Arbitration Board shall have no strike or lockout shall occur. 16.03 No grievance or claim of violation power to decide questions involving general wage adjustments. Each party of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date pay all expenses of the occurence causing member of the complaint Arbitration Board selected by it or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In Minister of Labour and shall share equally in the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing fees and expenses of the claimthird member of the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining grievances or disputes resulting from the operation of the Agreement or arising under specific clauses thereof, or in any way affecting relations between the Employer and the employees covered thereby shall be handled in the following manner. A grievance filed by an employee shall commence with Step 1. A grievance filed by the Union will be called a dispute and commence with Step 3. STEP 1: The grievance shall be submitted, in writing, signed by the aggrieved employee, to the proper application and interpretation of any and all Job Xxxxxxx, who will present such grievance or complaint to the Employer, who will give it prompt attention. In offices where there is no Job Xxxxxxx, the grievance shall be presented, in writing, signed by the aggrieved employee, to another Union Representative, who will then take up the grievance as set forth in this Article. The employee may or may not be present as they may elect. STEP 2: Any grievance must be filed within twenty-five (25) working days after the grievance occurs, unless circumstances beyond the control of the provisions of this Agreement shall be adjusted by aggrieved employee or in the accredited representative of Allied Employers, Inc., and the accredited representative nature of the Union. In grievance prevents such filing. STEP 3: If no agreement can be reached on the event of the failure of these parties to reach a satisfactory adjust­ ment grievance or dispute within seven ten (710) working days from the date a grievance is filed in writing it was first presented by either party upon the otherJob Xxxxxxx or Union Representative, following the written reply at step 2, the matter shall may then be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed Arbitration procedure outlined in writing by either party upon the other, the four (4) shall select a fifth member Article 19 or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions 20 of this Agreement, but shall . The time limits herein set forth may be authorized only to interpret existing provisions of this Agreement as they apply to extended upon mutual agreement between the specific facts Union and the Employer. (a) A Union Representative must be present at all disciplinary meetings with an employee and at all of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date steps of the occurence causing the complaint or grievance except in cases where report procedure. Attendance at such meetings and investigation of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall grievances will be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing without loss of the claimpay.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining The Union may designate a reasonable number of Union Stewards who must be members of the Unit, and shall provide the City Attorney's Office with a written list of employees who have been so designated. Management will quarterly accept changes to the proper application and interpretation of any and all of the provisions of this Agreement shall be adjusted list presented by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In A Union Business Representative, or Union Xxxxxxx, if the event latter is so requested, may represent a grievant in the presenting of grievances at all levels of the failure grievance procedure. The grievant and the Union Xxxxxxx may have a reasonable amount of these parties to reach paid time off for this purpose. However, the Union Xxxxxxx will receive paid time off only if he/she is a satisfactory adjust­ ment Union Xxxxxxx of record; is a member of the same bargaining unit and Union as the grievant; and is employed within seven (7) days a reasonable distance from the date work location of the grievant. In lieu of a Union Business Representative or Union Xxxxxxx, the grievant may be represented by any privately retained attorney at all stages of Steps 1, 2, and 3 of the Grievance Procedure contained in Article 20. If a Union Xxxxxxx must leave his/her work location to represent a grievant, he/she shall first obtain written permission from his/her supervisor. Permission to leave will be granted unless such absence would cause an undue interruption of work. If such permission cannot be granted promptly, the Union Xxxxxxx will be informed when time can be made available. Such time will not be more than forty-eight (48) hours, excluding scheduled days off and/or legal holidays, after the time of the Union Xxxxxxx’x request unless otherwise mutually agreed to. Denial of permission to leave at the time requested will automatically constitute an extension of time limits provided in grievance procedure herein, equal to the amount of the delay. Time spent on grievances outside of regular working hours of the employee and/or the Union Xxxxxxx shall not be counted as work time for any purpose. Whenever a grievance is filed to be presented during the working hours of the grievant and/or the Union Xxxxxxx, only that amount of time necessary to bring about a prompt disposition of the grievance will be allowed. No Union Xxxxxxx shall be transferred because of activity performed on behalf of an employee in writing by either party upon accordance with this Article. Prior to conducting any investigatory interview with an employee that Management believes may result in disciplinary action against the otheremployee, Management shall inform the employee of the general nature of the interview. The employee shall have a reasonable amount of time to obtain representation. The term “reasonable amount of time” means that the employee shall have a maximum of three (3) business days to choose a representative who is available to represent the employee at the interview. It is the employee’s responsibility to secure the attendance of his/her chosen representative at the interview. If he/she is unable to do so, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) employee shall select another representative so that the interview may proceed. The representative may be the Union Business Representative, a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitratorsUnion Xxxxxxx, from which the labor relations committee shall select a fifth Unit member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in disputeoutside legal counsel. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Memorandum of Understanding

Grievances. 16.01 All matters pertaining 20.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the proper interpretation, application and interpretation or alleged violation of any and all of this Agreement. 20.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievance shall be adjusted by presented indicating the accredited representative Collective Agreement which has been and shall be processed as follows: provision of Allied Employersthe allegedly violated Within ten (10) working days after the event giving rise to the grievance occurs, Inc.the employee and his store xxxxxxx shall discuss the grievance with the Store Manager. The Manager shall give an oral answer to the grievance within four (4) working days. Failing settlement: The grievance shall be reduced to writing and will be discussed between the Union Representative, the Store Manager and the accredited representative District Manager. This discussion will be held within seven (7) working days of the decision of Step One. The District Manager will give his answer in writing within four (4) working days of the date of the meeting. Failing settlement: The grievance shall be forwarded to the Head Office of the Employer within one (1) week of the decision at Step Two and the Employer shall have one (1) week to dispose of the grievance. The decision shall be in writing and sent to the offices of the Union. In If considered necessary by the event of parties, a meeting may be held by the failure of these parties and may include the interested persons. If a meeting is held, the decision shall be given to reach a satisfactory adjust­ ment the other party within seven (7) days from the date of the meeting. 20.03 In the case of a discharge, a grievance is may be filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Unionan employee who feels he was unjustly dealt with. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date Such a grievance is must be filed in writing by either party upon the other, the an employee who feels he was unjustly dealt with. Such a grievance must be filed within four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) working days from the date of dismissal and shall commence at Step Two. In any subsequent disposal of this case during the occurence causing Grievance Procedure, the complaint Employer may reinstate the employee with full back pay, suspend the employee for a definite period or grievance except in cases where report of a grievance has been suppressed through coercion sustain the discharge, if mutually agreed to by the Employer. In the event the claim is one for additional wages, any such claim parties of this Agreement. 20.04 Grievances concerning rates shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing commence at Step Two of the claimGrievance Procedure and the disposition of such grievances if sustained, shall include the determination of the effective date of the increase with retroactivity thereto. 20.05 The Employer or the Union may file grievances commencing at Step Three. 20.06 The limits as prescribed above may be modified by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining The parties recognize the value of informal discussions between employees and their supervisors to the proper application end that problems might be resolved without recourse to a formal grievance. When an employee, within the time limits prescribed in stage gives notice that he wishes to take advantage of this. xxxxxx, i t is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits. Employees who feel themselves to be aggrieved by the interpretation of any and all alleged violation of the provisions of this Agreement, shall have the right to present a formal written grievance in keeping with the following procedure: Employees shall have the right to discuss with and settle through the Supervisor concerned any complaints they may have. Employees will have fifteen (15) days i n which to submit a grievance from the day on which they first became aware of the action or circumstances giving rise to the grievance. Employees shall state the precise nature of the grievance, the of the Collective Agreement shall be adjusted by of which the accredited representative of Allied Employers, Inc.interpretation is i n dispute or which i s alleged to have been violated, and the accredited redress sought. The Manager, Patron Services, or designate, shall be the Employer's representative authorized to deal with Grievances at Stage The designated manager shall forward a written reply to the grievance by hand or by registered mail, with a copy to the Xxxxxxx, the President of the UnionLocal and the National Component of the Alliance within ten days of the receipt of the grievance. The designated manager may request to the that a meeting take place to discuss the grievance. In the event such cases a meeting shall be scheduled within a period of ten (10) days of the failure receipt of these parties to reach the grievance. The time limits for the reply will commence only the day that the meeting is held. Employees may, if they so desire, be assisted or represented by the Alliance. Failing a satisfactory adjust­ ment within seven settlement at Stage employees will have twelve (712) days i n which to submit grievances to Stage from the date a grievance is filed in writing on which the reply at Stage was delivered or postmarked by either party upon registered mail or was due, provided that the othersupport of and representation by the Alliance has been obtained. The Director General, the matter or designate, shall be referred for final adjustment the Employer's representative authorized to deal with grievances at Stage The Director General, or designate, shall schedule a labor relations committee selected as follows: Two (2) members from hearing within the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairmanprescribed time limits, and the decisions hearing shall scheduled within a period of this committee shall be binding on both partiesnine (9) days following receipt of the submission to Stage The time limits for the written reply at Stage will only commence from the day that the hearing is held. The labor relations committee as thus constituted Director General or designate shall have no power to add toforward a written reply, subtract fromby hand or by registered mail, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply with a copy to the specific facts Xxxxxxx, the President of the issue in dispute. 16.02 During local and the process National Component of making adjustments under the rule and procedures within nine (9) days of the hearing at Stage Where the Corporation discharges an employee, the grievance procedure set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance Clause applies except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.that:

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining except those initiated by the International Union, shall be on a form provided by the local Union and shall state, when possible, the Article of the Contract violated, a description of the Act which is allegedly in violation of the Agreement. the grievant’ s name, the remedy sought and will be signed by the grievant and/or Xxxxxxx. Step One The grievant shall discuss the grievance with his immediate supervisor specifically telling the supervisor that this may be a subject for the second step process of the grievance procedure. He may bring with him his shop xxxxxxx (or assistant shop xxxxxxx) if he so desires. If this discussion does not resolve the matter, the supervisor shall give his answer to the proper application and interpretation of any and all employee by the end of the provisions of this Agreement shall be adjusted by second working day following the accredited representative of Allied Employers, Inc., and the accredited representative day of the Unionoral discussion. In Step Two The step one answer shall settle the event grievance unless the grievance is placed in writing and delivered to the Company's Site Manager within five (5) working days after the day on which the Step One answer was given. The written grievance shall state the facts of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from grievance and shall cite the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within that are claimed to have been violated. The written grievance must be dated and signed by the ninety shop xxxxxxx (90or assistant shop xxxxxxx) day period immediately preceding and/or by the date upon which grieving employee(s). The Company Site Manager shall meet with the Employer received notice shop xxxxxxx, the aggrieved, and witnesses promptly to discuss the grievance and any settlement arrived at shall be reduced to writing and signed by both parties. The Site Manager's step two answer shall be given in writing to the shop xxxxxxx within five (5) working days following the day of the claimmeeting. Step Three The step two answer shall settle the grievance unless It is appealed to the Company's Designated Representative within five (5) days of the shop xxxxxxx'x receipt of the step two answer. The Company's Designated Representative shall meet with the Union's Authorized Representative promptly to discuss the grievance and any settlement arrived at shall be reduced to writing and signed by both parties. If no settlement is achieved, the Company's step three answer shall be given in writing to the Union's Authorized Representative within five (5) working days following the day of the meeting. The step three answer shall settle the grievance unless it is appealed to arbitration in accordance with Article Nineteen.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining The Union and the Employer agree that there shall be no strike, pick- eting, lock-out, tie-up, or legal proceedings without first using all pos- sible means of a settlement, as provided for in this Agreement or any Supplement, Rider or Addendum hereto, or any controversy which might arise under this Agreement. The parties further agree that the words “legal proceedings” as used in this paragraph shall not be con- strued to prohibit the Union or Employer from going to a court of proper jurisdiction for an injunction against the other for breach of the no-strike, no-lockout, no tie-up, no picketing promises made herein. A grievance is hereby jointly defined to be any controversy, com- plaint, misunderstanding, or dispute arising as to interpretation, application and interpretation or observance of any and all of the provisions of this Agreement shall Agree- ment or any Supplement, Rider or Addendum hereto. Grievance procedures may be adjusted invoked only by the accredited representative of Allied Employers, Inc., and the accredited representative of the Unionauthorized Union or Employer representatives. In the event of any grievance, complaint, or dispute on the failure part of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the otherany employee, the matter it shall be referred for final adjustment to handled in the following manner, and a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who decision reached at any stage shall be chairman, final and the decisions of this committee shall be binding on both parties. The labor relations committee grievance shall be discussed with the employee’s immediate supervisor or with the aggrieved employee and their shop xxxxxxx. If the grievance is not resolved within one (1) working day; It shall be the responsibility of the employee to reduce the griev- ance to writing on the regular grievance form provided by the union and have it submitted to the company within five (5) working days. Upon proper notification by the Employer to discipline an employ- ee, the employee shall have ten (10) calendar days to file a griev- ance in protest of the discipline taken. If the parties fail to reach a decision or agree upon a settlement in the matter, it shall be submitted to the State Committee or UPS Joint Area Committee, whichever is applicable, and docketed in accordance with established panel rules and procedures. (a) The UPS Joint Area Committee shall be composed of United Parcel Service representatives from the following Local Unions: 7, 17, 20, 40, 41, 89, 90, 92, 100, 120, 135, 200, 215, 236, 238, 243, 245, 332, 337, 344, 346, 348, 377, 406, 407, 413, 455, 554, 637, 638, 651, 688, 696, 795, 823, 908, 957, and 964. The expense in- curred by the UPS Joint Area Committee shall be borne equally by all the Local Unions on a pro-rata basis for the Local Unions having cases docketed on the agenda and UPS operations which are cov- ered by this Agreement. (b) In order that the UPS Joint Area Committee may operate quickly and efficiently, the Union shall designate a person who may or may not be a member of the UPS Joint Area Committee to serve as thus constituted Secre- tary. The Secretary, if not a member of the UPS Joint Area Commit- tee, shall have no power voice in making decisions and shall perform only the duties assigned to add tohim/her by the UPS Joint Area Committee. The Secretary shall docket cases, subtract fromprepare the agenda and mail a copy prior to the scheduled meeting of the UPS Joint Area Committee to each member of the Committee, or change or modify any provisions the Employer, and Local Unions whose cases appear on the agenda. The Secretary shall attend the meeting to prepare and keep the minutes and mail copies to the mem- bers of the Committee and shall also mail copies of the decisions of the UPS Joint Area Committee, to all United Parcel Service represen- tatives and all Local Unions who are party to this Agreement, but . (c) A grievance to be heard by the UPS Joint Area Committee must be put in writing and submitted to the Secretary thirteen (13) days before the meeting of the UPS Joint Area Committee unless other- wise mutually agreed. The parties further agree that no grievance or grievances shall be authorized only to interpret existing provisions of this Agreement as they apply to discussed except those which have been received by the specific facts Secretary of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing UPS Joint Area Committee within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.thirteen

Appears in 1 contract

Samples: Supplemental Agreement

Grievances. 16.01 All matters pertaining if informal discussion does not resolve the difference, shall be handled in the following manner: A. An aggrieved party must institute proceedings hereunder within ten (10) working days of the event or events giving rise to the proper application and interpretation of any and all grievance, or within ten (10) working days from the date the aggrieved party had knowledge or reasonably should have had knowledge of the provisions of this Agreement event or events giving rise to the grievance. B. An employee with a grievance shall present it in person to his/her immediate supervisor. The immediate supervisor shall make a determination, which shall be adjusted by final unless the accredited representative aggrieved party elects to appeal said decision to the next level as hereinafter set forth: (i) In the event that the grievance shall not have been disposed of Allied Employersto the satisfaction of the aggrieved employee at the level of the immediate supervisor, Inc.or in the event that no decision has been reached within ten (10) working days after presentation of the grievance, the aggrieved party may reduce the grievance to writing and submit it to the Coordinator of Maintenance Service for written endorsement and comment. The grievance shall be answered in writing. A copy of the endorsement and comment is to be given to the employee, the Facilities Director and the accredited representative Human Resource Manager. (ii) The Facilities Director and the Human Resource Manager, within ten (10) working days thereafter, shall meet with the aggrieved person and the President of the UnionAssociation and attempt to settle the grievance. The grievance shall be answered in writing. In the event that the grievance shall not have been disposed of to the satisfaction of the failure aggrieved employee at the level of these parties to reach a satisfactory adjust­ ment the Facilities Director and the Human Resource Manager, or in the event that no written answer has been received within seven ten (710) working days from the date a grievance is filed in writing by either party upon the otherafter meeting, the matter aggrieved party may forward the grievance with a copy of the answer, if any, to the Superintendent. (iii) The Superintendent or his designee shall meet within ten (10) working days thereafter with the aggrieved person and the President of the Association and attempt to settle the grievance. The grievance shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Unionanswered in writing. In the event that the labor relations committee fails Retail Clerks #1105 - Grocery grievance shall not have been disposed of to the satisfaction of the aggrieved employee at the level of the Superintendent, or in the event that no written answer has been received within ten (King-Snohomish Counties10) 15 to reach an agreement within twenty-one (21) working days from after the date a grievance is filed in writing by either party upon meeting on the othergrievance, the four (4) shall select aggrieved employee may then forward the grievance with a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts copy of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wagesanswer, if any, accruing within to the ninety School Committee for decision at its next regular meeting. (90iv) day period immediately preceding In the date upon which event that the Employer received notice in writing employee alleging a grievance is not satisfied with the decision of the claimSchool Committee, the Association may file at the request of the employee an application with the State Board of Conciliation and Arbitration for further review under the provisions of Sections 5 and 6 or the General Laws, Chapter 150. The School Committee reserves the right to insist upon a court determination of the jurisdiction of the arbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 5.1 There shall be an xxxxxxx effort on the part of both parties to this agreement, to settle promptly through the procedure set out herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of this agreement. Probationary employees cannot grieve over their layoff or termination, unless required by amendments to statute such as the Labour Relations Act. 5.2 All matters pertaining grievances to be dealt with under Step One below shall be in writing, on forms supplied by the proper application Union and interpretation signed by the employee having such grievance. 5.3 Written grievances, to be valid, shall set out the nature of the grievance, the Article or Articles of the Agreement alleged to have been violated and the nature of the remedy sought and shall not be subject to change at later steps except mutual agreement in writing with the Employer, or in the case of remedy, an Arbitration Board. 5.4 In determining the time which is allowed in the various steps of Articles 5 and 6, Saturday, Sunday and Statutory Holidays shall be excluded, and any and all time limits may be extended by mutual agreement in writing. 5.5 If advantage of the provisions of Article 5 & 6 hereof is not taken within the time limits specified therein or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re−opened. 5.6 The Employer shall designate and name the official to whom a written grievance is submitted at Step One. 5.7 Grievances properly arising under this Agreement shall be adjusted by and settled as follows: Step 1 − Within ten (10) full working days after the accredited representative circumstances giving rise to the grievance occurred or originated the aggrieved employee andƒor a union representative, shall present the grievance in writing to the official of Allied Employers, Inc., the Employer to handle grievances at this step. If a settlement satisfactory to the Union and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment employee concerned is not reached within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the otherfull working days, the four grievance may be presented as indicated in Step Two at any time within five (45) shall select a fifth member full working days thereafter or they shall request if the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitratorsgrievance involved monetary, from which discipline or discharge matters, not involving the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts interpretation of the issue in disputeAgreement to final and binding determination. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining to Any difference concerning the proper dismissal, discipline, or suspension of a member or the interpretation, application and interpretation of any and all of the provisions or operation of this Agreement shall or concerning any alleged violation of this Agreement (hereinafter referred to as "grievances") will be adjusted by finally and conclusively settled without stoppage of work in the accredited representative of Allied Employers, Inc., following manner: (a) The grievance will be stated in writing and submitted to the accredited representative of Division Manager. Should the Union. In Division Manager be unable to settle the event of the failure of these parties to reach a satisfactory adjust­ ment matter within seven (7) days, the Division Manager will submit the grievance to the Chief Constable. (b) Should the Chief Constable be unable to settle the matter within seven (7) days, the Chief Constable will submit the grievance to the Board. (c) The Board and/or the bargaining representatives of the Board and the aggrieved member of the Service, the Grievance Committee of the Association and/or the bargaining representatives of the Association, will meet within fourteen (14) days after receipt of the grievance from the Chief Constable and make every effort to settle the grievance. (d) Should no settlement be reached under paragraph (c) above within ten (10) days, or within such further period as may be mutually agreed upon by the parties, the grievance will be submitted to a single Arbitrator who will be selected by the parties within 14 days from the date either party notifies the other that a grievance is filed in writing by being referred to arbitration. PROVIDED THAT if either party upon the otherso elects, the matter shall grievance will be referred for final adjustment submitted to a labor relations committee selected as follows: Two (2) members 3-person Arbitration Board, in which case each party will name its nominee to the Arbitration Board within 14 days from the Employers and two date either party notifies the other party that a grievance is being referred to arbitration; within a further 14 days the nominees will select a Chairperson of the Arbitration Board. (2e) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery parties fail to agree upon a single Arbitrator, or the nominees fail to agree upon a Chairperson, within the time limits set out herein, a request will be submitted by the parties or the nominees to the Minister of Labour to have one appointed. (King-Snohomish Countiesf) 15 The time limits as referred to reach an in paragraph (d) above may be extended by mutual agreement within twenty-one between the parties. (21g) days from The provisions of the date a grievance is filed in writing by either party Labour Relations Code of British Columbia as to procedures will apply. (h) The finding of such single Arbitrator or Arbitration Board will be final and binding upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining to For the proper application and interpretation of any and all of the provisions purposes of this Agreement shall be adjusted by the accredited representative of Allied Employersagreement, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon defined as a difference arising between the otherparties relating to the interpretation, the application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. No grievance shall be referred for final adjustment considered where the circumstances giving rise to it occurred or originated to the knowledge of the exceeding the time limits specified below. All complaints and grievances shall be taken up in the following manner: An employee having a labor relations committee selected as follows: Two (2) members from question or complaint shall refer it to his immediate supervisor within four working days of the Employers and two (2) members from actual occurrence leading to the Unionquestion or complaint. In The supervisor shall reply to the event employee, giving the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 answer to reach an agreement the complaint or question within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) working days from the date of submission. If further action is then to be then within five working days after the occurence causing decision is given in Step No. the complaint employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance except in cases where report writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire and that the employee may have his xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer, The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Should the Administrator fail to render his decision as required in Step No. or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within five (5) working days after the decision under Step No. given or within ten (10) working days following the meeting under Step No. of the grievance procedure, whichever occurs first, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claimfurther grievance.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining disputes, claims and controversies of every kind and nature whatsoever between the Company and the WGAE, or between the Company and any Newswriter/News Assistant, arising out of or in connection with this Agreement, or an individual contract with a Newswriter/News Assistant (whether at the minimum terms and conditions of this Agreement or better) as to the proper application existence, validity, interpretation, performance, breach or enforcement of this Agreement and/or such contract, are herein collectively referred to as “grievances”. Grievance machinery, consisting of representatives designated by the Company and interpretation two (2) representatives designated by the WGAE, shall be established for the purpose of resolving such grievances amicably, and the parties shall meet promptly and in good faith attempt to settle all such grievances. Notwithstanding anything contained in this Section XXII to the contrary, if the dispute, claim, or controversy arises out of or in connection with Section VII or Section XXIX of this Agreement, the non-Company representatives to serve on the grievance machinery shall be designated by AFTRA, and only AFTRA. If any and all grievance cannot be settled by the parties through the grievance machinery established under Section XXII, except in the case of those grievances which under the provisions of this Agreement are specifically designated as being non-arbitrable, then the Company, the WGAE, or with the written consent of the WGAE endorsed upon the demand for arbitration, the Newswriter/ News Assistant concerned, may submit such grievance to arbitration under the Voluntary Labor Arbitration Rules, then obtaining, of the American Arbitration Association, provided that a grievance arising under Section XV(C). which has not been submitted to arbitration within the time required thereunder, and any other grievance which has not been submitted to arbitration within one hundred eighty (180) days after such grievance first arose or became known to the aggrieved party, whichever is later, shall be adjusted deemed waived and abandoned. The administrative fees of the American Arbitration Association and the fees of the Arbitrator shall be equally divided between the parties to the arbitration. Such arbitration(s) and the decision(s) or award(s) therein, shall be governed by Article 75 of the accredited representative Civil Practice Law and Rules of Allied Employersthe State of New York, Inc.or its successor, and judgment may be entered pursuant thereto. Notwithstanding anything contained in this Section XXIII to the accredited representative of contrary, only the Union. In Company and AFTRA shall have the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service right to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract fromarbitration, or change consent to arbitrate, any grievance arising out of or modify any provisions in connection with Section VII and Section XXIX of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 12.1 Except where a remedy is otherwise provided for, any Employee shall have the right to present a grievance arising from Employee's employment in accordance with the rules and regulations of this procedure. 12.2 All matters pertaining parties so involved must act in good faith and strive for objectivity, while endeavoring to reach a solution at the proper application and interpretation earliest possible step of the procedure. The aggrieved Employee shall have the assurance that filing of a grievance will not result in reprisal of any nature. The aggrieved Employee shall have the right to be represented or accompanied by a Representative of the Union at all stages of the grievance procedure. 12.3 Certain time limits in the grievance procedure are designed to quickly settle a grievance. It is realized, however, that on occasion the parties concerned may be unable to comply with the established limitations. In such instances, the limitations may be extended upon the mutual agreement of all parties concerned. 12.4 Failure of the aggrieved Employee to file an appeal within the prescribed time limit for any step of the procedure shall constitute abandonment of the grievance. Employer shall abide by prescribed time limits. 12.5 Any person responsible for conducting any conference, meeting or hearing under the formal grievance procedure shall give due and timely notice to all persons concerned. 12.6 When two or more Employees experience a common grievance, they may initiate a single grievance proceeding. The initial hearing of the grievance shall be by the immediate superior or Department Head who has the prime responsibility for all of the provisions of this Agreement aggrieved Employees. 12.7 The grievance procedure shall be adjusted as follows: Step 1. When an Employee becomes aware that dissatisfaction exists with Employee's work or work situation, Employee should discuss the matter informally with their immediate superior. Initial discussion should be sought by the accredited representative Employee not later than ten (10) working days after the event giving rise to the grievance occurred, or ten (10) working days after the Employee should have had knowledge of Allied Employersthe event, Inc.whichever is later. The following provisions relating to formal grievance procedure do not restrict the Employee and immediate superior from seeking advice and counsel from Superiors and Department Heads when: Mutually consented to by the Employee and Immediate Superior. It appears that settlement can be reached at this informal level. Step 2. The Immediate Superior will hear the grievance and provide written decision within five (5) working days of the receipt of the formal grievance papers. Step 3. If the written decision of the Immediate Superior is unsatisfactory to the Employee, the Employee may request that the grievance be presented to the Department Head for review. This request must be made in writing within five (5) working days of the receipt of the Immediate Superior's decision. The Department Head will hear the grievance and provide written decision within ten (10) working days of the receipt of the formal grievance papers. Step 4. If the written decision of the Department Head is unsatisfactory to the Employee, the Employee may request that the grievance be presented to the General Manager for review. This request must be made in writing within five (5) working days of the receipt of the Department Head's decision. The General Manager will hear the grievance and provide written decision within ten (10) working days of the receipt of the formal grievance papers. Step 5. If the written decision of the General Manager is unsatisfactory to the Employee, the Union or Employee within ten (10) working days may request the grievance be advanced to arbitration. The arbitrator list will be requested within one-hundred twenty (120) days and the accredited representative arbitrator from a list of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing names supplied by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Conciliatory Service (FMCS), or another arbitration service mutually agreeable to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee Employer and Union. The parties shall select a fifth member, who the arbitrator by alternately striking names until one name remains. The Union representative shall strike the first name. The decision of the arbitrator shall be chairman, final and the decisions of this committee shall be binding on upon both parties. . 12.8 The labor relations committee as thus constituted arbitrator shall have no power authority to alter, amend, add to, to or subtract from, or change or modify in any provisions way the terms and conditions of this Agreement, but . The arbitrator shall be authorized only confine their decision to interpret existing provisions a determination of the facts and an interpretation and application of this Agreement as they apply Agreement. The parties agree to each pay one-half the specific facts costs of the issue in disputearbitrator. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining to the proper application and interpretation of any and all of the provisions of this Agreement shall be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In the event of any complaint or grievance arising under the terms and provisions of this Memorandum or of any differences between the parties as to the interpretation or application of this Memorandum, it shall be processed through the grievance procedure. There shall be no right of grievance as to any subject properly falling within the management rights of UG Department or Division. The parties shall make sincere and determined efforts to settle meritorious grievances voluntarily and to keep the procedure free from unmeritorious grievances. Where a matter within the scope of this grievance procedure is alleged to be both a grievance and a prohibited practice under the jurisdiction of the Public Employee Relations Board, the employee may elect to pursue the matter under either the grievance procedure herein provided or by action before the Public Employee Relations Board. The employee's election of either procedure shall constitute a binding election of the remedy chosen and waiver of the alternative remedy. Management and Union representatives agree to make every effort to meet and settle grievances within the prescribed time limits. Any failure to comply with the time limits specified herein shall result in the grievance being disposed of these in favor of the party not in default, i.e. if the employee and/or Union fail to meet the grievance procedure time limits, the employee’s grievance is dropped in the Employer’s favor and if the Employer fails to meet the grievance procedure time limits, the grievance shall be found in the employee’s favor. Provided, the parties to reach may extend any and/or all of the time limits prescribed herein by mutual written agreement which agreement shall not be unreasonably withheld. Step 1: The matter shall first be taken up between the employee involved and his/her Step 2: In case the matter cannot be adjusted under Step 1, the matter may be considered Step 3: In case the matter cannot be adjusted under Step 2, the matter may be considered Step 4: In the event a satisfactory adjust­ ment resolution is not reached between the parties through A) In the cases of complaints or grievances which arise from disciplinary action, except for termination of an employee’s services, the matter may be appealed to the Chief of Police or his/her designee, within five (5) work days of the Bureau Director or his/her designee's decision. B) In the cases of complaints or disputes which arise as questions of interpretation of provisions of this Memorandum of Understanding, excluding specifically conflicts relating to any disciplinary matters, except for termination of an employee’s services, the matter may be resolved through arbitration, in the following manner: 1) Notice in writing of intent to arbitrate shall be delivered to the Department Head and Chief Legal Counsel by the party seeking arbitration to the opposing party within ten (10) work days of the Department Head decision. The notice shall set forth the Articles or Sections of this Memorandum which are claimed to require modification, reversal or interpretation. 2) Within fifteen (15) work days after the above notice is delivered, the parties will mutually agree upon an arbitrator or jointly obtain a list of seven (7) days arbitrators from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairmanService, and the decisions parties will alternately and independently strike unacceptable arbitrators from a list with the last remaining arbitrator being selected. 3) Employees shall not be paid for time spent in attending arbitration proceedings other than as a witness on behalf of this committee UG. 4) The jurisdiction and authority of the arbitrator shall be governed by the following: a) The arbitrator shall have the authority to determine the procedural rules of arbitration and shall have the authority to make such binding orders as are necessary to enable him to act, effectively. He shall observe the rules of evidence and his/her decision shall be final and binding on both parties. . b) The labor relations committee as thus constituted arbitrator shall have no power to add to, subtract from, or change from or modify any provisions of the terms of this AgreementMemorandum, but nor shall he exercise any responsibility, discretionary powers or functions of the Department. c) In the resolution of disputes between the parties to this Memorandum, the arbitrator shall give no weight or consideration to any matter except the specific language of this and is specifically prohibited from considering or basing his/her award on any alleged past practices of UG or Division or the Union. d) The arbitrator shall have no authority to substitute his/her judgment for that of the management of UG, Division or Department, nor shall he have authority to usurp, subtract from, modify or exercise any management right of UG or the Division. e) The decision of the arbitrator shall be authorized only to interpret existing provisions based on the evidence presented him by the parties in the presence of this Agreement as they apply to the specific facts each other. f) The cost of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement arbitrator shall be recognized unless presented in writing within ninety (90) days from shared equally by UG and the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claimUnion.

Appears in 1 contract

Samples: Memorandum of Understanding

Grievances. 16.01 5.1 There shall be an xxxxxxx effort on the part of both parties to settle promptly through the procedure set herein, any complaints, grievances or disputes arising from the interpretation, application or administration of the Agreement. 5.2 All matters pertaining grievances to be dealt with under stage 2 below shall be in writing, on a form supplied by IUOE and signed by the proper application employee or union representative. 5.3 Written grievances, to be valid, shall set out the nature of the grievance, the Article(s) of the Agreement alleged to have been violated and interpretation the nature of any and all the remedy sought, shall not be subject to change at later steps, except by mutual agreement in writing. 5.4 In determining the time which is allowed in the various stages of the grievance procedure, working days are determined by the grieving Employee’s schedule of working days. 5.5 If advantage of the provisions of this Agreement Articles 5 and 6 hereof are not taken within the limits therein or as extended in writing as set out above, the grievance shall be adjusted by the accredited representative of Allied Employers, Inc., deemed to have been abandoned and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date may not be re-opened. 5.6 An employee does not have a grievance is filed in writing by either party upon the other, until he/she has discussed the matter with his/her xxxxxxx or other supervisory personnel acting in this capacity and given him/her an opportunity to deal with the complaint. His/her decision shall be referred for final adjustment made known to a labor relations committee selected as follows: Two (2) members from the Employers and said employee within two (2) members from the Uniondays. In the event the labor relations committee fails Retail Clerks #1105 - Grocery Grievances properly arising under this agreement shall be adjusted and settled as follows: Stage 1: Within ten (King-Snohomish Counties) 15 to reach an agreement within twenty-one (2110) days from after the date circumstances giving rise to the grievance, occurred or originated, the aggrieved employee and or the union representative, shall present the grievance orally or in writing to the acting Division Manager. If a settlement satisfactory to IUOE and Aecon Mining Inc. is not reached within five (5) working days, a grievance is filed may be presented as indicated in writing by either party upon the other, the four Stage 2 at any time within ten (410) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in disputeworking days thereafter. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining to the proper application and interpretation of any and all of the provisions of this Agreement shall 1. A grievance must be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing to the other party within ninety (90) calendar days from the date of knowledge of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date facts upon which the Employer received notice grievance is based by the party submitting the grievance. 2. If a grievance is alleged by the District, it shall be presented in writing to the Union and, if appropriate, to the affected employee. 3. If a grievance is alleged by an employee covered by this contract, or by the Union, it shall be presented to the Transportation Manager or the Superintendent of Transportation. After submission of a grievance, as set forth above, the parties shall meet promptly, and in any event within fifteen (15) calendar days from receipt thereof, unless the time is extended by mutual written agreement of the claimparties. The first level hearing may be waived by mutual consent. 4. At the completion of the grievance hearing, a written decision of such hearing shall be rendered within fifteen (15) calendar days and copies furnished to the Union and the employee. Failure of the Transportation Manager to render a decision within the time specified shall result in an automatic decision in favor of the grievant. If the grievant is dissatisfied with the decision rendered by either the Transportation Manager or Superintendent of Transportation, they shall have the right to appeal through the Union President, to the Bus Transit Manager or the Bus Transit Manager’s duly authorized representative. Appeals shall be filed within fifteen (15) calendar days after the Union is notified of the decision. 5. Grievance hearings on appeal shall be held within fifteen (15) calendar days after receipt of demand, unless they are continued through mutual consent. The hearing officer shall make a decision on the appeal within ten (10) calendar days of the conclusion of the hearing, and notify the Union and the affected employee of the same. Employees who are required by the District to attend investigations, grievance meetings or hearings will be reimbursed for lost time. Any employee or employees ultimately found to be entitled to reinstatement upon the resolution of the grievance shall be reinstated with no loss of pay.

Appears in 1 contract

Samples: Memorandum of Understanding

Grievances. 16.01 All matters pertaining SECTION 1 Subject to the proper application and interpretation of any and all of the provisions of Article VI, a grievance shall be defined as a complaint by the Associations Grievance Committee in the unit covered by this Agreement shall be adjusted by that the accredited representative employee has been subject to a direct violation of Allied Employers, Inc., and the accredited representative an express provision of the Unionthis Agreement. In the event of the failure of these parties to reach Before a satisfactory adjust­ ment within seven (7) days from the date a formal grievance is filed under Section 2, an xxxxxxx effort shall be made to adjust such grievance immediately and informally by a conference between the employee, the Association representative and the immediate supervisor. SECTION 2 A grievance must be represented within ten (10) working days of the time of the occurrence of the alleged contract violation and must be processed in accordance with the steps, time limits and conditions set forth below: Step 1 ‑ The Association shall represent the grievance in writing by either party upon to the other, Principal or Supervisor under whom he/she is employed of the building in which he/she is employed. The grievance must state the specific provision of the Agreement which is alleged to have been violated. The Principal or Supervisor under whom he/she is employed shall attempt to adjust the matter and shall be referred for final adjustment to a labor relations committee selected as follows: Two give his/her answer within ten (210) members from the Employers and two (2) members from the Unionworking days. In the event the labor relations committee fails Retail Clerks #1105 - Grocery Principal or Supervisor under whom he/she is employed is not involved with the specific grievance, he/she will immediately refer the matter to Step 2 ‑ Be presented in writing to the Superintendent of Schools or his/her Designee, within fifteen (King-Snohomish Counties) 15 to reach an agreement within twenty-one (2115) days from after the date answer of the Supervisor is due. The matter shall be investigated and a meeting set up within ten (10) working days of the receipt of the written grievance. The Superintendent shall respond in writing to the grievance within ten (10) working days after such meeting. If the matter is not satisfactorily settled at this Step, it may Step 3 ‑ Be appealed in writing to the Superintendent and, when appropriate, to the School Committee within ten (10) working days The Committee or its designated representatives and the employee together with a representative of the Association shall meet to discuss the grievance as promptly as possible, normally within fifteen (15) days of the reference to the Committee. The School Committee will give its written answer to the grievance within the ten (10) days following the conclusion of that meeting. If no satisfactory settlement of the grievance is filed in writing by either party upon made at this Step, it may Step 4 ‑ Be submitted to arbitration within twenty (20) working days after the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service Committee's answer is due. The appeal to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who arbitration shall be chairman, initiated by submitting a written notice of the intention to arbitrate within the period of fifteen (15) working days and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to governed by the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occurArticle VII. 16.03 No SECTION 3 A grievance or claim of violation of this Agreement not initiated within the time limits specified shall be recognized unless presented in writing deemed waived. Failure of a party to appeal a decision within ninety (90) days from the date time limits specified shall mean that the grievance is considered settled on the basis of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employerdecision last made and shall not be eligible for further appeal. In the event that the claim is one for additional wagesprincipal, any such claim supervisor or School Committee shall be limited fail to additional wages, if any, accruing answer an appeal within the ninety (90) day period immediately preceding time limits specified, the date upon which grievant shall have the Employer received notice in writing right to take the grievance to the next step immediately. The above time limitations may be amended or waived by mutual written agreement of the claimparties. SECTION 4 No reprisals of any kind will be taken by the Committee or any member of the administration or by the Association against any participant in the grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining to the proper application and interpretation of any and all A. A grievance shall be an alleged violation of the provisions of this Agreement shall be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions express terms of this Agreement, but shall be authorized only to interpret existing provisions or a written memoranda of understanding entered into between the Board and BIO, which has the prior endorsement of both the President of BIO and the Superintendent. B. Any grievance during the period between the termination date of this Agreement as they apply and the effective date of a successor Agreement shall not be processed. Any grievance, which arose prior to the specific facts effective date of this Agreement, shall not be processed. C. It is expressly agreed that 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 reemploy, any probationary Bargaining Unit Member, (2) Any matter involving personnel evaluation content, (3) Any claim, complaint, or matter for which the Bargaining Unit Member can seek redress via another forum established by law (or by regulation having the effect of law). D. All preparation, filing, presentation, or consideration of grievances shall be held at times other than when a Bargaining Unit Member or participating BIO representative are to be at their assigned duty stations. E. Written grievances, as required herein, shall contain the following: (1) It shall be signed by the grievant, or grievants, and the endorsement thereon of the issue in disputeapproval, or disapproval, of BIO. 16.02 During the process of making adjustments under the rule (2) It shall be specific and procedures set forth in Section 16.01 above, no strike or lockout shall occurrelate to contractual provisions alleged to have been violated. 16.03 No grievance (3) It shall contain a synopsis of the facts giving rise to the alleged violation. (4) It shall cite the section(s) or claim of violation subsection(s) of this Agreement contract alleged to have been violated. (5) It shall be recognized unless presented in writing within ninety (90) days from contain the date of the occurence causing alleged violation. (6) It shall specify the complaint relief requested. F. Any written grievance not in accordance with the above requirements shall be rejected as improper. Such a rejection shall not extend the limitations hereinafter set forth. G. If the particular grievance is a "class" grievance affecting Bargaining Unit Members in more than one building, the grievance shall be processed directly to Level Three and shall be subject to the same time limitations and other requirements, as set forth for the initiation of grievances at Level One. H. A grievance shall originate at the level of the grievant's direct administration and shall be subject to the same time limitations and other requirements as set forth for the initiation of grievances at Level One. I. Time limits shall be observed, determined by date of stamped and/or initialed receipt. The term days as used in this article shall be defined as any day the Central Administration Office is open, excluding Act of God days. Every effort will be made by both parties to shorten time limits wherever possible. Time limits, as specified herein, may be extended only mutually and then only if in writing signed by both parties. Should a Bargaining Unit Member, or BIO, fail to appeal a decision within the time limits specified, all further proceedings shall be barred. The grievance except in cases where report of or response shall be either hand-delivered or sent by certified mail to the last known address. J. If grievant fails to initiate a grievance has been suppressed or an appeal to the next level within the time limits, all proceedings shall be terminated. K. All parties acknowledge that it is usually most desirable for the Bargaining Unit Member and his/her supervisor to resolve the problem through coercion free and informal discussions. L. When requested by either party, BIO's grievance representative may intervene to assist in this resolution. However, should such informal processes fail to satisfy the supervisor and the Bargaining Unit Member, then the grievance shall be processed in writing with the determination thereon of the approval, or disapproval, of BIO. The BIO representative will represent the organization, and may represent the grievant. If, however, the grievant prefers to have an employee representative other than BIO, he/she may choose to do so, provided: (1) Representation is not by another labor organization; (2) BIO is given the opportunity to be present at any adjustment of the grievance; and (3) Only BIO can take to arbitration. (4) Any adjustment of the grievance is not inconsistent with the terms of this Agreement LEVEL I If no resolution is obtained within ten (10) days of the occurrence, the Bargaining Unit Member by the Employerconclusion of that ten (10) day interval shall reduce the grievance to writing and deliver it to the program supervisor. In Or BIO, on behalf of the event Bargaining Unit Member, by the claim conclusion of that ten (10) day interval, may request of the superintendent or designee in writing that the matter be referred to the Joint BIO/Administration Committee (J Committee). The matter will be placed on the agenda of the next regularly scheduled Joint BIO/Administration Committee (J Committee) or by mutual agreement, of BIO and the administration, a special meeting of the Joint BIO/Administration Committee (J Committee) may be scheduled. If no resolution is one for additional wagesobtained at the Joint BIO/ Administration Committee, any such claim shall be limited the Bargaining Unit Member may, within five (5) days after the meeting of the Joint BIO/Administration Committee, reduce the grievance to additional wageswriting and deliver it to the program supervisor by the conclusion of that five (5) day interval. If the Bargaining Unit Member does not receive an answer within five (5) days thereafter, or, if anythe written answer is unacceptable, accruing the Bargaining Unit Member shall, within the ninety ten (9010) day period immediately preceding days of the date upon on which the Employer received notice in writing of written grievance was submitted to the claimprogram supervisor, appeal the grievance to Level Two.

Appears in 1 contract

Samples: Master Agreement

Grievances. 16.01 All matters pertaining In order to establish a more harmonious and cooperative relationship between the Commission and the employees, every employee shall have the right to present his unresolved dispute as a grievance in accordance with the procedures provided herein, free from interference, coercion, restraint, discrimination or reprisal, and shall have the right to be represented by a person of his own choosing at all stages of the grievance procedure. A. FIRST STAGE The employee and/or his representative shall present his grievance to his department supervisor on an oral and informal basis. Such presentation shall be made no later than the third work day following the day the employee becomes aware of such grievance. The department supervisor shall, within five (5) days, to such extent as he may deem appropriate, consult with his superiors. If the grievance is satisfactorily resolved by the department supervisor, he shall, by written memorandum, promptly notify the Director of Municipal Utilities, of such settlement, and no further action on the part of the employee will be taken. If such grievance is not satisfactorily resolved at Stage 1, the employee may proceed to Stage 2. B. SECOND STAGE The second procedural stage shall consist of a request by the aggrieved employee and/or his representative for a review and determination of this grievance by the Director of Municipal Utilities or his designee. In such case the aggrieved employee and his department supervisor shall, independently, submit to the proper application Director of Municipal Utilities or his designee, a written statement setting forth the specific nature of the grievance and interpretation the remedial action desired; and these shall be presented, by mail or delivery, within three (3) work days of any employee notification of the conclusion of Stage 1. Thereupon the Director of Municipal Utilities or his designee shall, at the request of the employee, hold an informal hearing at which the employee, and all of in accordance with the provisions of this Agreement the grievance procedure, his representative may appear and present oral and written statements or arguments. The final determination of the second stage of such grievance proceeding shall be adjusted made by the accredited representative Director of Allied EmployersMunicipal Utilities or his designee, Inc.in writing, and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from work days of conclusion of these hearings. A copy of such decisions shall be mailed to the Union. employee, and his representative, if any, and such mailing shall constitute the end of Stage 2. C. THIRD STAGE - ARBITRATION In the event that the labor relations committee fails Retail Clerks #1105 - Grocery employee elects to take the grievance to arbitration the following shall apply: 1. Within five (King-Snohomish Counties5) 15 work days of the mailing of the decision of the Municipal Utility Commission, the employee shall give written notice to reach the Chairman of the Commission of the employee's request for arbitration of his grievance. Promptly thereafter the Chairman of the Commission shall make arrangements with the representative of the Steuben County Local of the Civil Service Employees Association, Inc. for the selection of an agreement within twenty-one arbitrator, as mutually agreed upon by the Chairman and the Representative. If the Chairman of the Commission and the Representative shall fail to agree upon an arbitrator, then either may petition PERB for the selection of an arbitrator according to the rules and procedures of PERB. 2. The arbitrator shall meet with the employee, his representative, if any, and a representative of the Commission at such times and places as mutually agreed to be necessary for the arbitrator to properly hear and determine the grievance. Within ten (2110) days from of the date a grievance is filed in writing by either party upon conclusion of the otherhearings, the four (4) arbitrator shall select make a fifth member or they shall request written findings of fact, and determination, including reasons for the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who determination. A copy thereof shall be chairmanmailed to the employee, a copy to his representative, and a copy to the decisions Chairman of this committee the Commission. Such determination shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts fees and expenses of the issue in dispute. 16.02 During the process of making adjustments under the rule arbitration, including taking and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date transcribing of the occurence causing record or testimony and decision, and the complaint or grievance except in cases where report costs of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, hearing room if any, accruing within all shall be shared equally by the ninety (90) day period immediately preceding Commission and the date upon which CSEA. All other expenses shall be borne by the Employer received notice in writing party incurring them. Neither party shall be responsible for the other party's share of the claimdivided costs nor the expenses of witnesses or participants called by the other.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining 7.01 The Union Stewards herein referred to the proper application and interpretation of any and all shall be employees of the provisions of this Agreement Company and shall not be adjusted by more than ten (10) in number. The Union will notify the accredited representative of Allied Employers, Inc., and the accredited representative Company in writing of the Union. In names of such Xxxxxxxx and may also notify the event Company of the failure names of these parties to reach not more than an equal number of additional employees who may serve as alternate Stewards in the absence from work of a satisfactory adjust­ ment within seven (7) days from the date regular Xxxxxxx. The Company will not recognize any individual as a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members Xxxxxxx until it has received such notification from the Union. In The parties acknowledge the event desirability of ensuring prompt, fair and final resolution of employee grievances. The parties’ recognition of this principle has contributed stability and certainty to the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 grievance procedure. Accordingly the parties view any attempt to reach an agreement within twenty-one (21) days from the date reinstate a grievance is filed properly disposed of as contrary to the purpose for which the grievance procedure was established and violates the fundamental principles of collective bargaining. However, in writing those instances where the National Union CAW, by either party upon its Executive Board, Public Review Board or Constitutional Convention Appeals Committee, has reviewed the otherdisposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative, the four (4) shall select a fifth member or they shall request National Union may inform the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitratorsCoca-Cola Industrial Relations Manager in writing, from that such grievance is reinstated in the grievance procedure at the step at which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts original disposition of the issue in dispute. 16.02 During grievance occurred. It is specifically understood however, that the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout Company shall occur. 16.03 No grievance or claim of violation of this Agreement shall not be recognized unless presented in writing within ninety (90) days responsible for any liabilities which may have accrued from the date of the occurence causing initial withdrawal of the complaint or grievance except in cases where report by the Union, up to and including the date on which the grievance is reinstated. (a) In this Agreement a "grievance" shall consist only of a grievance has been suppressed through coercion by difference concerning the Employer. In the event the claim interpretation, application, administration or alleged violation of any provision of this Agreement, including any question as to whether a matter is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claimarbitrable.

Appears in 1 contract

Samples: Collective Agreement

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Grievances. 16.01 All matters pertaining Any Employer bound by this Agreement may file a written grievance relating to a claim against the Union, its Representatives or Stewards, or relating to the proper application and interpretation conduct of any and all employees represented by it under this Agreement. If the grievance is not settled to the satisfaction of the provisions Employer within ten working days, it may be referred to arbitration pursuant to Article When the Union has a grievance, it shall be submitted in writing to the Employer. If the grievance is not settled to the satisfaction of the Union within ten working days, it may be referred to arbitration pursuant to Article It is agreed that the Union may file and process against an Employer, a policy grievance alleging a violation of this Agreement Agreement, provided such a policy grievance concerns three (3) or more employees of the particular Employer, No matter may be referred to arbitration more than fifteen (15) working days after the expiry of the last day for reply by the Employer or Union, as the case may be, A request for arbitration by the Union or by an employee or by an Employer shall be adjusted in writing, addressed to the Employer or to the Union, and shall contain the name and address of the party's nominee to the Board, Copies of all grievances and requests for arbitration shall be sent to the Association. The recipient of the request for arbitration shall nominate its arbitrator within ten days. The two arbitrators shall attempt to agree upon a mutually acceptable Chairman who shall be appointed within the next fifteen (15) days. If such Chairman cannot be agreed upon, the Minister of Labour shall be requested to assist them in securing an impartial Chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the parties to the grievance hereto w i l l bear the expense of the arbitrator appointed by the accredited representative of Allied Employers, Inc.it, and the accredited representative parties w i l l jointly bear the expenses of the UnionChairman of the Arbitration Board, i f any. In the event either party fails to appoint an arbitrator within the t i m e specified above, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party and the person so appointed shall be deemed to be the appointee of the failure party who failed t o appoint an arbitrator. No matter may be submitted to arbitration which has not been properly carried through all previous steps of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairmanGrievance Procedure, and the decisions Arbitration Board shall not have pursuant t o Section of this committee shall be binding on both partiesthe Ontario Labour Relation s Act , t o extend any such time limits set out herein. The labor relations committee as thus constituted Arbitration Board shall have no power not be authorized to add to, subtract from, or change or modify make any decision inconsistent with the provisions of this Agreement, but nor alter, modify or amend any part of this Agreement. The proceedings of the Arbitration Board w i l l be expedited by the parties t o the grievance hereto, and the decision of the majority of such Board will be final and binding upon the parties to the grievance hereto: should, however, a majority decision not be possible, then the decision of the Chairman of the Board shall be authorized only to interpret existing provisions of this Agreement as they apply final and binding upon the parties to the specific facts grievance hereto. At any stage of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 aboveGrievance Procedure, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date including Arbitration, each of the occurence causing conferring parties to the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by may have the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing assistance of the claimemployee or the employees concerned and any necessary witness, and all reasonable arrangements will be made to permit the Conferring parties to the grievance to investigate all the circumstances relating to the grievance.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining (a) The Company agrees to meet and treat with the duly accredited officers and committees that are elected or selected by the Brotherhood upon all questions and grievances that may arise between the parties hereto during the life of this agreement. Every effort will be made by the parties hereto to settle disputes promptly and at the location where they arise. A local Union/Company committee will be formed as needed to discuss disputes for resolution using the mutual gains process before a formal grievance is filed. It being the desire of the parties to settle grievances promptly, the Brotherhood will endeavor to provide the available information as to date of occurrence, facts and circumstances giving rise to the proper application grievance, contract provisions allegedly violated, employees involved, and interpretation of any and all remedy sought. Such information will be furnished to the Company prior to the first step of the provisions grievance procedure, but may be amended prior to any subsequent step of this Agreement shall the grievance procedure as may be adjusted by necessary to reflect new information. It is understood, however, that failure to provide such information as set forth above, will not prejudice the accredited representative position of Allied Employersthe Brotherhood in any grievance. As necessary for settlement, Inc.grievances will be reduced to writing and handled in two successive steps at the Plants (Fossil and Hydro), Birmingham Steam Heat or other mutually agreed location as follows: Step 1. Between the aggrieved employees and/or representatives of the Brotherhood acting in their behalf, and their respective immediate supervisor, the supervisor in general charge of the operation in which the grievance arose, and the accredited representative Plant Manager-Fossil, Manager - River System, Operations Superintendent - Birmingham Steam Heat and/or their designated representatives as the case might be. Step 2. Between the aggrieved employees and/or representatives of the UnionBrotherhood acting in their behalf and the Manager-Labor Relations, together with the Senior Vice President- Fossil-Hydro Generation, Vice President-Birmingham Division, and/or their designated representatives, as the case might be. In the event any grievance is not settled by any of the failure preceding steps of these parties the grievance procedure, it may be submitted to reach arbitration. The Brotherhood will have a satisfactory adjust­ ment within seven maximum of ninety (790) days from the date of the Company's written decision in the final step in which to give written notice to the Company that a grievance is filed not satisfactorily settled and that the Brotherhood desires to submit the grievance to arbitration as provided in Article VII of this agreement. The Company's decision will be reduced to writing and a copy furnished to the Brotherhood as soon as possible after the conclusion of each grievance step. If a stenographic report is made of the proceedings of any such meeting by either the Company or the Brotherhood, a typewritten copy will be furnished to the other party upon within five (5) days. (b) It being the otherdesire of the parties hereto to settle grievances promptly, it is agreed that no grievance will be considered unless it is brought to the attention of the Company as a grievance in the manner provided for herein within thirty (30) days of the occurrence of the facts giving rise to the same or within fifteen (15) days of filling a vacancy as provided in Article V (e). It is further agreed that a maximum of fourteen (14) days will be allowed from the receipt of such notice that a grievance exists until such grievance will be handled as provided in Step 1 of this Article VI, paragraph (a). Upon completion of Step 1 as provided in this Article VI, paragraph (a), the matter shall be referred for final adjustment to Brotherhood will have a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within maximum of twenty-one (21) days from the date of the Company's written decision in which to give notice to the Company that such grievance is not satisfactorily settled, and that the Brotherhood desires to proceed to the next higher step. Upon receipt of the notice that the Brotherhood desires to proceed to the next higher step as provided in this Article VI, paragraph (a), the Company will have a maximum of ten (10) days to complete such step. Failure to comply with the time limits as set forth above will serve to terminate the grievance, and such grievance, if terminated, cannot be brought up the second time. However, should the Company fail to comply with such time limits as set forth above; the grievance may be moved to the next succeeding step. Notwithstanding the provision of this Article VI, paragraph (b), time limits as specified herein may be extended by mutual agreement. (c) Employees who have been suspended or discharged will have the right to have their respective case taken up as a grievance by the officers or committees of the Brotherhood with the duly accredited officers of the Company; and in such cases where it is filed found that such employees that have been suspended or discharged were unjustly suspended or discharged, they will be reinstated to their former position and other employees affected will be displaced pursuant to Article V, paragraph (i) where such reinstatement is within twelve (12) months of the employees’ discharge otherwise the terms and conditions of Article V, paragraph (k) will apply with respect to other employees affected. Further they will be paid the wages to which they would have been entitled had they continued in writing the Company's employment during the period of suspension or discharge. (d) Disagreements with respect to Workers' Compensation and similar issues which are also controlled by either party upon Local, State or Federal Laws, are not subject to the othergrievance process. If for whatever reason a Workers' Compensation claim which was initially disallowed is later accepted, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall following will apply: 1. All employee benefits will be chairman, and the decisions of this committee shall be binding on both partiesfully restored. 2. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify Company will not request any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to reimbursement from the specific facts of employee for the issue in disputedifference between what the employee was paid and Workers’ Compensation. 16.02 During (e) The Company will pay reasonable travel expenses for Company employees involved in the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occurgrievance process. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Memorandum of Agreement

Grievances. 16.01 All matters pertaining to Any difference concerning the proper application and dismissal, discipline or suspension of an employee or the interpretation of any and all of the provisions or operation of this Agreement or any alleged thereof, including any question as to whether any matter is arbitrable, shall be adjusted dealt with without stoppage of work in the following manner: Save as provided, the aggrieved person shall first take up the matter with the immediate supervisor or in the supervisor's absence, the Division Head or Department Head within fifteen (15) working days of the date on which the incident giving rise to the grievance occurred or of the date when the first became aware of the incident, whichever is later. At the option of the aggrieved person shop xxxxxxx or Union representative may be present at the meeting; provided however that: if the difference concerns the certification of the a competition for a position then the matter shall first be taken up with the personnel officer responsible for that competition; and if the difference concerns the appointment of the to a position then the shall first be taken up with the supervisor who made the disputed appointment. Save as hereinafter provided, if the matter is not satisfactorily resolved, the aggrieved person together with the shop xxxxxxx or other Union representative take up the matter with the Department provided however that: if the difference concerns the certification of the a cornpetition for a position then the matter shall be taken up with the Manager Employment and Services; and if the difference the appointment of the a position then the matter shall be taken up with the Department of the appointing department. If the grievance is not in' the aforementioned manner within ten (10) working the shall be referred to the: Director of Human and the Union Business Manager. A statement in writing of the alleged grievance by Union Business Manager and a in writing of the alleged at this position relative to the not first reached, i by the accredited representative Director of Allied Employers, Inc., and Resources meeting if on the accredited representative of matter is If the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed not settled as in writing by either party upon the otherabove within ten (10) working days, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers City and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining (a) Notwithstanding Article 9.02, grievances that refer to the proper application and interpretation of any and all of the provisions of this Agreement Article 4 shall be adjusted processed as set out in this paragraph. Grievances shall be submitted in writing and signed by the accredited representative of Allied Employers, Inc., and the accredited authorized representative of the Union. In , and submitted to a Responsible Person as defined in the event Employer’s Workplace Harassment, Sexual Harassment and Workplace Violence Policy within ten (10) business days after the grievor became aware, or reasonably ought to have been aware, of the failure circumstances giving rise to the grievance. The Professional Issues Committee, or those designated by the Professional Issues Committee (either to achieve gender representation or for any other reason deemed appropriate by the Professional Issues Committee), shall investigate the complaint, and the grieving party or parties and the Union shall, on a completely without prejudice basis, cooperate with the Professional Issues Committee in its investigation. The grievor has the right to Union representation throughout the investigation. The Professional Issues Committee shall conclude and provide a written report of these parties its investigation to reach a satisfactory adjust­ ment the grieving party and the Union within thirty (30) business days of its receipt of the grievance. If the report is not satisfactory, or is not given within the time limits, the grieving party may submit the grievance to arbitration within seven (7) business days from of receipt of the date a grievance Professional Issues Committee report. The time limits referred to in this paragraph may be extended by mutual agreement. (b) It is filed understood and agreed that the Student Committee’s report represents solely its position. Despite their cooperation in writing by either party upon the otherinvestigation, neither the matter grievor nor the Union shall be referred for final adjustment bound to a labor relations committee selected as follows: Two (2) members from support or accept any findings, alleged statements of fact, opinions expressed, conclusions reached, or remedies proposed in the Employers and two (2) members from report. Nothing in the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who report shall be chairman, considered an agreed fact without the express written consent of the grievor and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.Union.‌

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 5.1 There shall be an xxxxxxx effort on the part of both parties to this agreement, to settle promptly through the procedure set out herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of this agreement. Probationary employees cannot grieve over their layoff or termination, unless required by amendments to statute such as the Labour Relations Act. 5.2 All matters pertaining grievances to be dealt with under Step One below shall be in writing, on forms supplied by the proper application Union and interpretation signed by the employee having such grievance. 5.3 Written grievances, to be valid, shall set out the nature of the grievance, the Article or Articles of the Agreement alleged to have been violated and the nature of the remedy sought and shall not be subject to change at later steps except mutual agreement in writing with the Employer, or in the case of remedy, an Arbitration Board. 5.4 In determining the time which is allowed in the various steps of Articles 5 and 6, Saturday, Sunday and Statutory Holidays shall be excluded and any and all time limits may be extended by mutual agreement in writing. 5.5 If advantage of the provisions of Article 5 & 6 hereof is not taken within the time limits specified therein or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re-opened. 5.6 The Employer shall designate and name the official to whom a written grievance is submitted at Step One. 5.7 Grievances properly arising under this Agreement shall be adjusted by and settled as follows: Step 1- Within ten (10) full working days after the accredited representative circumstances giving rise to the grievance occurred or originated the aggrieved employee and/or a union representative, shall present the grievance in writing to the official of Allied Employers, Inc., the Employer to handle grievances at this step. If a settlement satisfactory to the Union and the accredited representative employee concerned is not reached within two (2) full working days, the grievance may be presented as indicated in Step Two at any time within five (5) full working days thereafter or if the grievance involved monetary, discipline or discharge matters, not involving the interpretation of the UnionAgreement to final and binding determination. Step 2- A meeting shall convene within (10) full working days to deal with the grievance. In Should no satisfactory settlement be reached within five (5) full working days after the event meeting, the grievance may be submitted to arbitration. a) The Union may process a written grievance, which involved a number of employees of the failure Employer or the interpretation of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter Agreement. Such grievances shall be referred for final adjustment to commenced at Step Two of the above procedure. The Employer may process a labor relations committee selected as follows: written grievance alleging a violation of the interpretation of this Agreement at Step Two of the above procedure. Such grievances shall be commenced at Step Two (2) members within ten (10) full working days after the circumstances giving rise to the grievance originated. b) No decision or settlement involving any grievance which has been dealt with at Step One above, other than grievances which have been properly referred to final and binding determination, shall be used by any party as a precedent in future cases and shall be treated as only applicable to the grievance in question. 5.8 Notwithstanding the above, a grievance concerning wages and fringe benefits may be presented within thirty (30) days after the circumstances giving rise to the grievance occurred or originated. a) When an employee is receiving written discipline, the employee may request xxxxxxx representation for that meeting. b) Written and verbal warnings will be removed from an employee’s work record and not referenced after twelve (12) months provided the employee’s record has remained discipline free for twelve (12) months. Suspensions of one (1) day will be removed from the Employers employee’s work record and two not referenced after eighteen (218) members from months provided the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance employee’s record has been suppressed through coercion by the Employer. In the event the claim is one remained discipline free for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.eighteen

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining to Sectio n 1: Sectio n 2 : Sectio n 3: A grievance within the proper application and interpretation of any and all of the provisions meaning of this Agreement shall be adjusted any difference of opinion, controversy or dispute arising between the parties hereto relating to any matter of salaries, hours, and working conditions, or any dispute between the parties involving interpretation or application of any provision of this Agreement. Two Committee members and a Grievance Committee Chairman shall be chosen and elected by and from the Employees of the Employer by secret ballot. The following steps shall be followed in the handling of grievances : The Employee, accompanied by his Xxxxxxx, shall present t o the Personnel Manager his grievance within thirty (30) days of the occurrence of the event giving rise t o the grievance. If the grievance is not settled within three working days thereafter, the Employee shall submit it in writing for the consideration of the Xxxxxxx and the Personnel Manager. Step If the grievance is not settled between the Xxxxxxx and the Personnel Manager within seven working days thereafter, it shall then be referred, as originally submitted in writing, for consideration by the accredited representative of Allied Employers, Inc., Grievance Committee and General Management. If the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment grievance is not satisfactorily settled within seven (7) working days from the date a grievance is filed in writing by either party upon the otherthereafter, the matter it shall be referred for final adjustment submitted to a labor relations committee an arbitration board which shall be selected as follows: Two The Employer w i l l select a representative within five working days of the termination of the grievance procedure. The Union select a representative within the same time l i m i t . The two arbitrators thus selected shall select an impartial arbitrator within five working days. If an impartial arbitrator is not agreed upon as stated above, he shall be selected from a list of five (25) members from arbitrators supplied by the Employers and Ontario Labour Relations Board. Upon failure of either representative to join in such request the other party shall be empowered to make the request. Each of the parties shall have the privilege of crossing off two (2) members from names on the Unionlist. In the event absence of agreement, the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach Ontario Labour Relations Board shall appoint an agreement within twenty-one (21) days arbitrator from the date a grievance is filed in writing by either party remaining names on the list. The decision of the arbitrator shall be final and binding upon the other, parties hereto and the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who arbitrator's fees shall be chairman, borne equally by the Union and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in disputeEmployer. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining Informal Resolution of Disputes or Disagreements The parties recognize the value of exploring informal resolution of disputes or disagreements between unit members and principal investigators or supervisors prior to the proper application initiation of a grievance under this article, and interpretation mutually encourage such attempts at informal resolution. Such efforts at informal resolution shall not suspend the timeliness requirements for filing a grievance as set forth below. Any agreements reached through an informal resolution process shall be reduced to writing and shall not be precedential, but shall be binding for the current matter only. Informal resolution may take place at anytime during the process outlined below. Informal resolution does not modify or alter the terms of this collective negotiations Agreement. A. Definition of grievances under this article 1) Grievances under this article are claimed violations of any provision of this Agreement or of any Rutgers policy relating to mandatorily negotiable terms and conditions of employment which has been presented pursuant to this Article. 2) A grievance under this Article may be presented by a negotiations unit member or members if more than one member has been affected, and/or by the Union (hereinafter collectively referred to as the "grievant(s)"). Grievance Process 1) A grievance must be filed in writing with the Office of Academic Labor Relations on a form acceptable to the University as described in Section C. 1 below within 60 working days of the date of the occurrence of the alleged violation or within 60 working days from the date the aggrieved unit member(s) knew or should reasonably have known of the occurrence of the alleged violation. 2) The grievance filing may include a request by the grievant(s) for mediation. The mediator will be selected from the existing panel of mediators mutually agreed upon by the AAUP-AFT and the University. The mediator shall be selected in standard rotation order for this cohort. The parties will attempt to obtain and schedule a mediation date within 30 days of a request. The results of the mediation, if successful, shall be reduced to writing and signed by the parties. No more than a total of six hours' service by the mediator shall be permitted for each grievance unless additional time is agreed to by the University and the Union. The fees associated with the mediator's services shall be divided equally between the parties. If no resolution is achieved through mediation, or if mediation is not requested, the grievance shall proceed as outlined below. 3) The University shall schedule a Step One meeting with the grievant(s) and any other appropriate parties within 20 working days of the filing of the grievance statement, or within 20 working days after mediation, whichever is applicable. At this Step One meeting, the parties will endeavor to settle the grievance. Any agreement will be reduced to writing and signed by the parties. If the matter remains unresolved at the conclusion of the Step One meeting, the University representative conducting the meeting shall render a written decision concerning the grievance within 20 working days of the Step One meeting. 4) If the grievant(s) is not satisfied with the disposition of the grievance at Step One, within 20 working days of the written Step One decision, the grievant(s) may appeal the Step One decision by requesting in writing a resolution by the Executive Vice President for Academic Affairs or his/her designee ("EVPAA"). Such written request shall be filed with the Office of Academic Labor Relations and shall include the initial grievance statement, the Step One decision, and a statement of the reasons that form the basis of the appeal. The EVP AA shall conduct whatever investigation he/she feels is necessary in order to render a decision concerning the grievance. The EVPAA shall render a written decision within 30 working days after the filing of the written appeal by the grievant(s). The decision of the EVPAA shall be final and binding on all parties, except as set forth below in Section 5. 5) Notwithstanding the above, grievances in which the negotiations unit member alleges a violation of Article VII, Salaries, may be appealed by the union to binding arbitration on behalf of a member or members of the negotiations unit as outlined in paragraph B.5.a. below. a. If the Union is not satisfied with the decision of the EVPAA, within 20 working days of the written decision of the EVPAA, the Union may request in writing that the grievance be submitted to arbitration. If the AAUP-AFT submits a grievance to arbitration, the AAUP-AFT will submit to the Office of Academic Labor Relations a copy of its submission. The arbitrator will be selected from the existing panel of mediators/arbitrators mutually agreed upon by the AAUP-AFT and the University. The arbitrator shall be selected in standard rotation order for this cohort, except that the person who previously served as mediator shall not arbitrate the same grievance. The appointed arbitrator will submit, within thirty (30) calendar days of the close of the hearing, a written decision. No arbitrator functioning under the provisions of this Agreement grievance procedure shall have the authority to amend, modify, or delete any provision of this Agreement. The arbitrator's decision shall be adjusted by binding upon the accredited representative of Allied Employers, Inc.University and the AAUP-AFT, and the accredited representative of grievant, to the Unionextent permitted by and in accordance with applicable law and this Agreement. In The fees associated with the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter arbitrator's services shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from divided equally between the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining The Union shall elect or otherwise appoint a Grievance Committee which shall be by the Employer for purposes of grievance adjustment. The Union shall advise the Employer of the names of the Committee as well as such changes in its personnel as may occur from time to time. The Employer shall advise the Union of the names of the non-union supervisors (and designates) for each area for the purpose of identifying key contact persons for stewards. If there occur grievances, complaints, disputes and differences arising between the Employer and employee as to the proper interpretation, application and interpretation of any and all or non-application of the provisions of this Agreement Agreement, an xxxxxxx effort shall be adjusted made to settle such differences in the following manner: Step One By the aggrieved employee accompanied by the accredited representative of Allied Employers, Inc.his/her xxxxxxx, and the accredited manager of the department or his/her equivalent in the unit involved. If the alleged grievance is not settled at this stage within five working days after the grievance is registered, it may, at the request of the aggrieved employee, within ten working days after receipt of the response from the employer, be carried to step If the fails to act within the time limit, the grievance will be considered abandoned. Step Two By the Union Grievance Committee, and a senior representative of the UnionHuman Resources. In the event The Manager, Staff Relations in Human Resources or representative shall hold a hearing within ten working days of the failure date of these parties to reach receipt of the grievance, and shall give the a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed decision in writing within five working days of the completion of the hearing. The time limits specified in and above may be extended by either party upon mutual consent. Such consent will be requested and agreed to in writing. The parties agree employees should not harbour grievances. They should bring them to the otherattention of the Employer without delay. Accordingly, it is agreed that no grievance shall be considered, the matter shall be referred for final adjustment alleged circumstances of which arose more than fifteen working days previous to a labor relations committee selected as follows: Two (2) members from its registration. Any difference arising directly between the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, Union and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, University involving the interpretation or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of alleged violation of this Agreement which otherwise be dealt with under this Article because of the inability or refusal of an employee to submit a grievance, or where the grievance affects a group of employees, or a Department or the University as a whole, or in cases of suspension or discharge, may be submitted by the Union in writing, at the second step (Article and dealt with as a proper grievance under the grievance procedure. Failing satisfactory solution within the time limit as stated in Article such grievances may be referred to Arbitration. A disciplinary notation from an employee’s record shall not be recognized unless presented in writing within ninety (90) days from used against this person more than two years after the date of issue. Upon written request to the occurence causing Manager, Staff Relations from the complaint or grievance except in cases where report of affected employee, a grievance has been suppressed through coercion by disciplinary notation will be removed from the Employer. In employee’s file on the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing expiration of the claimtwo year period.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining In the interest of employee morale and employee-employer relationships, grievances should be processed as rapidly as feasible, hence the number of days indicated at each level are considered a maximum. The parties in interest should act in good faith to expedite the process. The time limits may be extended by written mutual agreement; however, failure of the administrative official to render a decision within the time limit indicated automatically authorizes the grievant to proceed to the proper application and interpretation next level of any and all line authority with his/her grievance. E-5.2 All grievances must be initiated within ten (10) days after the aggrieved person knew, or should have known of the provisions act or condition that is the basis for the grievance. During the processing of this Agreement shall a grievance through the various steps of the grievance procedure timely filing must be adjusted made or the grievance will be waived. E-5.3 STEP ONE: If the concern has not been resolved informally it may be appealed in writing by the accredited representative of Allied Employers, Inc., and BVPA to the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment appropriate administrator within seven ten (710) days from the date resolution of the informal conference (cf: Sec. E-4.1).. The appropriate administrator and/or representative(s) will meet with the aggrieved person and/or representative(s) within five (5) days after receipt of the written grievance in an effort to resolve the grievance. Within ten (10) days after hearing the grievance, the appropriate administrator will render a written decision and either present it or send it by U.S. mail, District mail or email to the grievant and to all parties officially present at the hearing, as well as to the president of the BVPA. The Superintendent and/or representative(s) will meet with the grievant and/or representative(s) within ten (10) days after receipt of the written grievance is filed in an effort to resolve the grievance. Within ten (10) days after hearing the grievance, the Superintendent or his/her representative will render a written decision and either present it or send it by U.S. mail, District mail or email to the grievant and to all parties officially present at the hearing, as well as the president of the BVPA. Superintendent or his/her representative had heard the grievance, and the BVPA deems the grievance meritorious, it may request arbitration. Such request must be made in writing by either party upon within fifteen (15) days after receipt of the otherwritten answer or the ten (10) day period in which no decision was rendered. Within ten (10) days of the demand for arbitration, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2Board and/or representative(s) members from and the Employers and two (2) members from the UnionBVPA and/or representatives will select an arbitrator. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 parties are unable to reach agree on an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the otherarbitrator, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who selection shall be chairman, and made in the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employermanner provided below. In the event the claim is one for additional wagesparties are unable to agree upon an arbitrator within ten (10) days following the BVPA’s notification to the Superintendent, any such claim an arbitrator shall be limited selected as follows: The American Arbitration Association shall be requested by both parties to additional wagesprovide a panel of five (5) arbitrators. Both the employer and the BVPA shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name, if any, accruing within the ninety (90) day period immediately preceding other party shall then strike one name. The process will be repeated and the date upon which remaining person shall be the Employer received notice in writing of the claimarbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining to (a) Any complaint, disagreement, or difference of opinion between the proper application Company and interpretation of any and all the Union or the employees covered by the Agreement which concerns the interpretations, application, operation, or alleged violation of the provisions of this Agreement shall be adjusted by the accredited representative of Allied Employers, Inc., terms and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only considered as a grievance. (b) An employee who has a complaint or a grievance will ordinarily discuss the matter with his/her immediate Superior and if the matter is not resolved in that discussion, he/she may refer the question to interpret existing provisions his/her Xxxxxxx for consideration. However, should the nature of this Agreement as they apply the complaint or grievance be such that the employee prefers to refer it to his/her Xxxxxxx and/or Union Representative first, and then he/she may do so. (c) Any employee, the Union, or the Company may present a grievance. Any grievance which is not presented within fourteen (14) days following the event giving rise to such grievance (except by errors in respect to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall employee’s compensation which must be recognized unless presented in writing within ninety fourteen (9014) days from the date of the occurence causing employee becoming aware of the complaint event giving rise to such grievance), or grievance except within ten (10) days of the last day worked in cases where report the case of a grievance has been suppressed through coercion dismissal, shall be forfeited and waived by the Employer. In aggrieved party. (d) All grievances, except those submitted by the event employee to his/her immediate Superior or to the claim is one for additional wagesUnion, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice submitted in writing and shall set forth, clearly, the issues and contentions of the claimaggrieved party; the Company shall then reply, in writing, to the Union’s letter setting forth its answer to the points raised by the Union in its grievance. (e) The procedure for adjustment of grievances and disputes by an employee shall be as follows: 1st Step: By a discussion between the employee and the Union Xxxxxxx and employee’s immediate Superior and/or Manager. If a satisfactory settlement cannot be reached within five (5) days, then within ten (10) days:

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining A grievance may be undertaken by the Union, an employee, a group of employees, or the PAO. Only the Union or representative approved by the Union may represent employees in such grievances. The Union and the employee will both sign grievances undertaken by the Union. In exercising their right to present a grievance, Union representatives will be unimpeded and free from restraint, coercion, discrimination, or reprisal. An employee may exercise the proper application right to file a grievance without Union assistance. However, any employee may personally present a grievance and interpretation of any have it resolved without representation by the Local, provided that the Local will be given the opportunity to be present at all discussions between the Employer and all of the employee in the grievance process and resolution. Any resolution must be in compliance with the provisions of this Agreement Agreement. a. EMPLOYEE/UNION GRIEVANCES: The following procedures are established for the resolution of employee/Union grievances: STEP 1. The grievance shall first be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed taken up orally or in writing by either party upon the othergrievant or a Union representative with the immediate supervisor. The grievance must be initiated within ten (10) workdays of the incident that gave rise to the grievance or from the time the employee became aware of the incident. The grievance must contain sufficient information to allow the immediate supervisor to understand the complaint and it must contain the relief sought. A written decision will be provided to the grievant within ten (10) workdays after presentation of the grievance. Every effort shall be made to insure that the decision is clearly communicated and understood. Included with such decision shall be a written statement indicating the grievant’s right to proceed to the next step of the grievance procedure. STEP 2. If the grievance is not satisfactorily settled in Step 1, the matter employee or the Union representative may, within ten (10) workdays after receipt of the written decision, submit a grievance to the next level Management official (normally at the Division level). The grievance shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed submitted in writing by either party upon and will contain as a minimum at least the othersame information as the Step 1 grievance, a statement as to why the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairmangrievance was not settled at Step 1, and the decisions of this committee requested remedy. The written decision received in the Step 1 grievance shall be binding on both partiesattached. A written decision shall be provided within ten (10) workdays of receipt. STEP 3. If dissatisfied with the decision reached in Step 2, the grievant or the Union representative may refer the grievance to the PAO Manager within ten (10) workdays of the date of the Step 2 decision. The labor relations committee grievance must contain, as thus constituted shall have no power to add toa minimum, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts all of the issue information submitted by the grievant in disputeSteps 1 and 2 as well as the written responses provided by the Employer in each of those steps. A written antswer will be provided within ten (10) workdays of receipt. 16.02 During STEP 4. If the process of making adjustments under grievance is not satisfactorily settled at Step 3, the rule and procedures set forth in Section 16.01 above, no strike Union or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing Management may refer the matter to arbitration within ninety ten (9010) days workdays from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion Step 3 decision. A request for arbitration shall be valid only if signed by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claimUnion President or Acting President.

Appears in 1 contract

Samples: Memorandum of Understanding

Grievances. 16.01 All matters pertaining to (a) It is the proper application and interpretation of any and all mutual desire of the provisions of Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances. (b) All meetings at which grievances are processed shall be held in camera. (c) Employees who are covered by this Agreement shall be adjusted by required to follow the accredited representative procedures laid down in this Article and any Employee who appeals directly to any Trustee or official of Allied Employersthe Employer shall thereby forfeit all rights under this Article. (d) A grievance shall be defined as any differences arising out of the interpretation, Inc.application, administration, or alleged violation of the Collective Agreement including any question as to whether a matter is arbitrable. (e) It is understood the same person will not hear the grievance at more than one step of the grievance procedure. (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resources Services or his/her designate, and the accredited representative President and Chief Xxxxxxx of the Union. Union at all steps. (a) In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance by an Employee, the Employee shall take the matter up with the Employer within and not after ten (10) working days after the Employee became aware of the incident or circumstances giving rise to the grievance. The grievor is entitled to be present at all steps in the Grievance Procedure. (b) A policy grievance or group grievance shall be taken up within and not after ten (10) working days of the Union/Employee(s) becoming aware of the incident or circumstances giving rise to the grievance. A grievance filed by a group of Employees or a policy grievance of the Union shall be taken up at Step 2 of the Grievance Procedure. (c) A grievance concerning a layoff by reason of a redundancy in the work force may be taken up at Step 3 of the Grievance Procedure. 12.03 The following procedure shall be adhered to in processing grievances, save as otherwise provided in this Article: STEP 1 The Employee shall take the matter up with the Employee’s immediate Supervisor. STEP 2 If the Step One (1) reply is not satisfactory to the Employee, the Xxxxxxx or the Chief Xxxxxxx/Deputy Chief Xxxxxxx may, within and not after ten (10) working days of the receipt of the reply, advise the appropriate Department Manager or designate of their intent to proceed to Step Two (2). Should there not be a Department Manager, the Manager of Human Resource Services or designate shall be so advised. The Manager or designate shall hear the grievance within ten (10) working days of the receipt of the notice and shall give his/her reply in writing by either party upon within five (5) working days following the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: hearing. A grievance at Step Two (2) members from shall be in writing, shall contain a concise statement of the Employers facts complained of, redress sought and two be signed by the Employee and the Xxxxxxx or Chief Xxxxxxx. STEP 3 If the Step Two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance reply is filed in writing by either party upon the othernot satisfactory, the four (4) shall select a fifth member Xxxxxxx or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.Chief Xxxxxxx/Deputy

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining to (a) If, during the proper application and interpretation of any and all of the provisions term of this Agreement there should arise any difference between the parties to, or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation hereof, or concerning discharge of any employee which may be alleged to be unjust and including any question as to whether any matter is arbitrable, such difference shall be adjusted by resolved without stoppage of work in the accredited representative of Allied Employers, Inc., and the accredited representative following manner: (b) The Job Xxxxxxx or Business Agent of the UnionUnion shall first discuss the difference with the Foreperson, Superintendent or the Employer, in that order, in an effort to resolve the matter on the job. If the difference is not resolved on the job, the aggrieved party shall submit the matter complained of, in writing, to the other party within thirty (30) calendar days of its occurrence, excepting that in the matter of discharge, such grievance shall be submitted in writing within ten (10) calendar days or fifteen (15) calendar days for remote jobs of its occurrence, or in every case the matter shall be deemed to be waived. However, the foregoing time limits shall not apply where there has been a failure to pay fully amounts due to funds specified in this Agreement or to remit deductions from employees as provided for in this Agreement. (c) Failure of the Employer to make the requisite contributions on behalf of the employees, as provided elsewhere in this Agreement, may result in the Union claiming such amounts on behalf of the employees at any time. (d) The Employer shall only remain liable for Health and Welfare and similar funds as provided for in this Agreement on behalf of the sub-contractor for a period of forty (40) calendar days after completion of the sub-contract. (e) Where the Employer has not paid the employee, Owner Operator, or Dependent Contractor, their proper rates or hours or has not remitted to the funds contained herein, then a Union appointed auditor shall be permitted to inspect and audit the Employer's records of time worked, wages paid and contributions made to the Plans. The auditor shall be allowed the time necessary to complete the audit. The Employer shall make available, within two (2) weeks of notification, of intent to audit, a suitable office for the auditor to carry out such audit. It is further agreed the audit shall take place in British Columbia. (f) In the event a grievance involving a question of discharge is not resolved in seven (7) calendar days after being submitted in writing and a grievance involving other matters is not resolved within twenty (20) calendar days after being submitted in writing, it shall, if mutually agreed, be referred in writing and heard by an Industry Grievance Panel, or if the parties fail to agree that the Grievance is to be referred to an Industry Grievance Panel, then each party shall within five (5) calendar days appoint a member to a Board of Arbitration. The two (2) appointees shall within five (5) calendar days of appointment Teamsters Union Local 213 Standard Industrial Agreement May 1, 2019 to April 30, 2023 agree upon a person to act as Chair, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such Chair. (g) The Board of Arbitration shall, within ten (10) calendar days or such extended period as may be mutually agreed by the parties, hear the parties and render a decision which shall be final and binding. The fees and expenses of the failure Chair of these the Board of Arbitration shall be borne equally by the parties to reach the grievance. Where mutually agreed, the three (3) person Arbitration Board may be replaced by a satisfactory adjust­ ment single Arbitrator. (h) In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) calendar days from the date a grievance is filed of its receipt, in writing by either party upon the otherwriting, then the matter shall be referred for final adjustment deemed to a labor relations committee selected as follows: Two be waived. (2i) An Industry Grievance Panel shall be composed of three (3) members from the Employers of CLR and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.three

Appears in 1 contract

Samples: Standard Industrial Agreement

Grievances. 16.01 All matters pertaining to It is the proper application and interpretation of any and all mutual desire of the provisions of Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances. All meetings at which grievances are processed shall be held in camera. Employees who are covered by this Agreement shall be adjusted by required to follow the accredited representative of Allied Employers, Inc., procedures laid down in this Article and the accredited representative any Employee who appeals directly to any Trustee or official of the UnionEmployer shall thereby forfeit all rights under this Article. A grievance shall be defined as any differences arising out of the interpretation, application, administration or alleged violation of the Collective Agreement including any question as to whether a matter is arbitrable. It is understood the same person will not hear the grievance at more than one step of the grievance procedure. Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the name of the person and time for grievance mediation to occur. The Parties will jointly, in equal shares, bear the expenses of the Mediator. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the otheran Employee, the Employee shall take the matter up with the Employer within and not after ten working days after the Employee became aware of the incident or circumstances giving rise to the grievance. The is entitled to be present at all steps in the Grievance Procedure. A policy grievance or group grievance shall be referred for final adjustment taken up within and not after ten working days of the becoming aware of the incident or circumstances giving rise to the grievance. A grievance filed by a labor relations committee selected as follows: Two (2) members from group of Employees or a policy grievance of the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who Union shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts taken up at Step of the issue in disputeGrievance Procedure. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining §1. Should any grievance arise with respect to the proper meaning, application and or interpretation of any the terms of this Agreement, such grievance shall be submitted to the following procedure: Step 1: The employee shall submit his/her grievance in writing within three days after its occurrence or employee’s reasonable knowledge thereof, in duplicate, to the VSOA Representative, who in turn shall forthwith file one copy with the Chief of Police and all said VSOA Representative shall forthwith attempt to settle the matter of the provisions grievance with the Chief of this Agreement Police. Failure to file his/her grievance in writing as aforesaid shall be adjusted by bar the accredited representative of Allied Employers, Inc., and employee from any right to proceed further with any grievance. If the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon as herein above provided, and the othermatter taken up between the VSOA Representative and the Chief of Police fails to produce an amicable settlement of the matter, the grievance shall then proceed to Step 2. Step 2: If no solution can be reached, the VSOA Representative shall refer the matter to the VSOA President within five days immediately following the disposition of the grievance at Step 1, who shall be referred for final adjustment take the matter up with the Director of Public Safety in an endeavor to adjust it amicably. Failure of the Director of Public Safety to resolve the matter within 30 working days shall constitute a labor relations committee selected as followsdenial of the grievance. Step 3: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 grievance is not resolved at Step 2, either party may refer the matter to reach an agreement arbitration as stated below, provided that written notice is given to the other party within twenty-one (21) 45 days from of the date Step 2 answer. If 45 days written notice is not given, then the grievance shall be considered as accepted between the parties, and arbitration shall not be available as a remedy. Any party wishing to remove a grievance is filed in writing by either party upon the other, the four (4) to arbitration shall select notify PERC that they are moving a fifth member or they shall grievance to arbitration and request the Federal Mediation and Conciliation Service to submit that a list of eleven (11) names arbitrators be furnished to the employee and the employer. If the City and VSOA cannot mutually arrive at a satisfactory arbitrator within 30 working days after receipt of qualified arbitratorsthe list from PERC, from which the labor relations committee Commission shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesan arbitrator. The labor relations committee as thus constituted arbitrator shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions hear the matter on the evidence and within the meaning of this Agreement and applicable Civil Service rules and regulations, and render his/her award in writing, which shall be final and binding. The cost of the arbitrator’s fee shall be shared equally by the City and VSOA. Any representative or officer of the VSOA required in the grievance procedure to settle disputes on any arbitration shall be released from work without loss of pay for such purpose and any witness reasonably required shall be made available during working hours without loss of pay for the purpose of disposing of any grievance or arbitration matter. §2. The City and VSOA mutually agree that grievance matters shall proceed to arbitration only if submitted by the City or the VSOA. §3. The settlement or other disposition of any grievance prior to arbitration shall be subject to review and approval of a designated committee established by the governing body which shall include the Chief of Police or his/her designee so as they apply to assure compliance with City policy and/or philosophy. Any active VSOA grievances filed prior to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation signing date of this Agreement shall not be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion bound by the Employer. In above-stated time limitation, specifically due to the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing City of the claimVineland not currently having a Director of Public Safety.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 A. All matters pertaining to grievances must be initiated at the proper application and interpretation of any and all of lowest appropriate level. B. All formal grievance within the provisions scope of this Agreement shall be adjusted by presented in writing. C. No grievance shall be processed anonymously. However, the accredited representative ASSOCIATION may initiate a grievance involving a group of Allied Employers, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date EMPLOYEES. D. If a grievance is filed in writing by either party upon not initiated within 15 days after the othergrievant knew of the act or conditions on which the grievance is based, then the grievance shall be considered to have been waived. E. An EMPLOYEE processing a grievance shall be assured freedom from restraint, interference, coercion, discrimination, or reprisal. F. In the presentation of a grievance, the matter EMPLOYEE shall have the right to present his own appeal or to designate a representative to appear with him/her at any step in his/her appeal. GE/United is recognized as the sole representative organization with a right to present or process a grievance. G. Nothing herein contained shall be referred for final adjustment construed to a labor relations committee selected as follows: Two (2) members from limit the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date right of any EMPLOYEE having a grievance is filed in writing to process it through all prescribed levels with or without intervention by either party upon the otherASSOCIATION, as the four (4) EMPLOYEE may elect. The ASSOCIATION shall, however, be given the opportunity to be present at all meetings conducted after Level One, and shall select a fifth member or they shall request have access to all pertinent documentation. Written notification of all meetings conducted on all levels, except the Federal Mediation and Conciliation Service to submit a list information level of eleven (11) names of qualified arbitratorsthe grievance procedure, from which the labor relations committee shall select a fifth member, who shall be chairmanforwarded to the grievant with a copy to the ASSOCIATION Grievance Chairperson. If the ASSOCIATION does not represent the grievant, it shall be provided by the BOARD copies of all written grievances and the decisions responses. H. Failure at any level of this committee procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved EMPLOYEE to proceed to the next level. Failure at any level of this procedure to appeal a grievance to the next level within the specified time limits shall be binding on both partiesdeemed to be abandonment of the grievance or acceptance by the EMPLOYEE of the decision rendered at this level. The labor relations committee as thus constituted Time limits may be waived only with the written consent of the parties at each level. I. It is understood that the EMPLOYEE shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the BOARD until such grievance and any effect thereof shall have no power been fully resolved. J. The binding arbitration provisions of the Agreement shall pertain only to add tothe interpretation, subtract fromapplication, or change or modify any violation of the terms and provisions of this written Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During K. Steps in the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occurgrievance procedure may be bypassed by mutual agreement. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining The purpose of this section is to the proper establish procedures for discussion, procedures and settlement as defined in Section of this Article. Grievance shall mean a complaint or claim of alleged unjust discipline or dis- charge, or involving any matter of inter- pretation or application and interpretation of any and all of of, or compliance with, the provisions of this Agreement shall Agreement. Nothing will be adjusted deemed a grievance until the cause for complaint has been verbally discussed by the accredited representative employee with his super- visor with his grievance man present. Unless extended by a mutual agreement a grievance by a worker must be filed within five days of Allied Employersthe worker’s knowledge of the alleged STEP The grieving employee shall present his written grievance, Inc.signed by the the Grievance Representative, and the accredited representative Union President to the Supervisor personally. The written grievanceshall be answered in writing within days after being presented. STEP If the grievance is not satisfac- torily adjusted at the first step, one or more members of the UnionGrievance Commit- tee shall present the grievance in writing to the Superintendent personally, who shall render a decision in writing within three working days. In STEP If the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed not satisfac- torily adjusted at the second step, the Union Grievance Committee shall present the grievance in writing to the Director of Manufacturing who shall render a decision in writing within five working days. The Union’s Representative may partici- xxxx in the discussion if his assistance is requested by either party upon the otherGrievance Committee or the Director of Manufacturing. If a satisfac- tory decision is not reached at the third step, the matter in dispute may, at the request of either party, be submitted to Arbitration. A grievance which the Grievance Commit- tee does not feel pertains to the Supervisor or Superintendent, may be presented personally to the Personnel Manager by the Grievance Committee and he shall notify the Grievance Committee within three working days at which step of the grievance procedure the grievance shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in disputestarted. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining The Union may designate a reasonable number of Union Stewards who must be members of the Unit, and shall provide the City Attorney's Office with a written list of employees who have been so designated. Management will quarterly accept changes to the proper application and interpretation of any and all of the provisions of this Agreement shall be adjusted list presented by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In A Union Business Representative, or Union Xxxxxxx, if the event latter is so requested, may represent a grievant in the presenting of grievances at all levels of the failure grievance procedure. The grievant and the Union Xxxxxxx may have a reasonable amount of these parties to reach paid time off for this purpose. However, the Union Xxxxxxx will receive paid time off only if he/she is a satisfactory adjust­ ment Union Xxxxxxx of record; is a member of the same bargaining unit and Union as the grievant; and is employed within seven (7) days a reasonable distance from the date work location of the grievant. In lieu of a Union Business Representative or Union Xxxxxxx, the grievant may be represented by any privately retained attorney at all stages of Steps 1, 2, and 3 of the Grievance Procedure contained in Article 20. If a Union Xxxxxxx must leave his/her work location to represent a grievant, he/she shall first obtain written permission from his/her supervisor. Permission to leave will be granted unless such absence would cause an undue interruption of work. If such permission cannot be granted promptly, the Union Xxxxxxx will be informed when time can be made available. Such time will not be more than forty-eight (48) hours, excluding scheduled days off and/or legal holidays, after the time of the Union Xxxxxxx’x request unless otherwise mutually agreed to. Denial of permission to leave at the time requested will automatically constitute an extension of time limits provided in grievance procedure herein, equal to the amount of the delay. Time spent on grievances outside of regular working hours of the employee and/or the Union Xxxxxxx shall not be counted as work time for any purpose. Whenever a grievance is filed to be presented during the working hours of the grievant and/or the Union Xxxxxxx, only that amount of time necessary to bring about a prompt disposition of the grievance will be allowed. No Union Xxxxxxx shall be transferred because of activity performed on behalf of an employee in writing by either party upon accordance with this Article. Investigations Prior to conducting any investigatory interview with an employee that Management believes may result in disciplinary action against the otheremployee, Management shall inform the employee of the general nature of the interview. The employee shall have a reasonable amount of time to obtain representation. The term “reasonable amount of time” means that the employee shall have a maximum of three (3) business days to choose a representative who is available to represent the employee at the interview. It is the employee’s responsibility to secure the attendance of his/her chosen representative at the interview. If he/she is unable to do so, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) employee shall select another representative so that the interview may proceed. The representative may be the Union Business Representative, a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitratorsUnion Xxxxxxx, from which the labor relations committee shall select a fifth Unit member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in disputeoutside legal counsel. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Memorandum of Understanding

Grievances. 16.01 All matters pertaining ‌ (a) An employee who believes that he/she has been unjustly dealt with as to the proper application and interpretation of any and all of the provisions of this Agreement in its application to a particular situation, or as to whether it has been observed or performed, shall be adjusted a "grievance" under this agreement; the procedures provided herein shall be the exclusive remedies available to the Company, the Union, and to the employee for the adjustments of such grievances. (b) All grievances beyond Step 2 involving employee claims shall be in writing andshall be signed by all employees claiming rights thereunder. (c) In an effort to adjust employee grievances by mutual agreement, they shall be presented in the following order and within the following time limits: Step 1 The employee with the Xxxxxxx shall promptly bring the grievance to the supervisor. If such grievance is not settled within two (2) working days then; Step 2 It shall be reduced to writing, signed by the accredited representative employee and the appropriate Union representative. The written grievance must set forth a statement of Allied Employers, Inc.grievance and the article or paragraph of the agreement which is claimed to be violated, and taken up with the accredited representative Program Director and a meeting will be scheduled within five (5) working days. If no agreement has been reached within five (5) working days after the meeting, it shall be moved to Step 3. Step 3 Between the Operations Manager and the Business Representative of the Union. In the event A meeting will be held within ten (10) working days after receipt of the failure grievance into the Third Step. If no agreement has been reached within fifteen (15) working days after the meeting, either party may submit the grievance or dispute to arbitration in the manner provided herein. (d) Any aggrieved employee shall have the right to be present at any stage of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date grievance procedure in which his/her grievance is being considered. No employee may leave the job, take up or settle a grievance without requesting permission from his/her immediate supervisor. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is filed in writing granted. Witnesses called by either party upon may attend the othergrievance meeting at any step, subject to the matter same provisions above outlined forattendance of an aggrieved employee. (e) All grievances shall be referred for final adjustment to a labor relations committee selected as follows: Two presented within ten (210) members from working days of the Employers and two (2) members from occurrence upon which the Unionsame is based. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service The failure to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee grievance within such periods shall select constitute a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power bar to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in disputefurther action thereon. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining A. Whenever an employee or group of employees in Bargaining Unit 19 believes he/she/they have been adversely affected by a violation of the MOU, he/she/they should immediately inform the workplace Xxxxxxx of the facts of the violation. B. If the workplace Xxxxxxx is unable to represent the employee or there is no workplace Xxxxxxx, the employee(s) should contact the Chief Xxxxxxx or the Staff Person in his/her/their area for representation by an AFSCME representative. C. If after investigation, the AFSCME representative believes that a grievance is warranted, representation of the employee(s) shall proceed in accordance with Article 5 of the Memorandum of Understanding. D. If at any time during the process the employee(s) fails to keep in contact with the AFSCME representative, act independently, or refuses to follow recommended actions, or otherwise fails to cooperate, the AFSCME representative shall inform the employee(s), in writing of his/her/their obligations. If the issue of lack of cooperation is not resolved to the proper application and interpretation of any and all satisfaction of the provisions AFSCME representative, then the AFSCME representative may cease representing the employee(s) and shall inform the employee(s) in writing that he/she/is declining further representation. E. If after investigation, the AFSCME representative believes that a grievance does not exist, he/she shall inform the employee(s). The AFSCME representative shall also inform the employee(s) of this Agreement shall be adjusted by the accredited representative right to file a grievance on his/her/their own, of Allied Employers, Inc.the time limits of the grievance procedure, and the accredited representative of the Union. In right to appeal the event AFSCME representative’s decision not to pursue the grievance further. F. If, after receipt of the failure decision at the first, second, or third level of these parties the grievance procedure or at any other time during the process, the AFSCME representative believes that the grievance lacks merit and should not be pursued, the AFSCME representative shall file the grievance at the next highest level to reach preserve the time limit for the employee(s) and shall inform the employee(s) in writing of his/her decision not to pursue the grievance further. X. If the employee(s) disagrees with the decision of the AFSCME representative, he/she/they should file a satisfactory adjust­ ment written appeal with the President within seven (7) days from calendar days. The President shall direct the date appeal to the Appeal/Arbitration Committee. The Appeal/Arbitration Committee will review the merits of the case and issue a grievance is filed decision in writing by either party upon to the otheremployee(s) within twenty (20) calendar days. In its review the merits of the case, the matter Appeal/Arbitration Committee, may consult with employee(s), the Xxxxxxx, Chief Xxxxxxx, Staff Representative, other involved person(s) or legal counsel. The employee(s) will be notified in writing of when and where the Appeal/Arbitration Committee will meet and of his/her/their right to attend. The appropriate Staff Representative shall be referred for final adjustment present and the AFSCME representative who handled the representation shall have the right to a labor relations committee selected as follows: Two (2) members from be present at all Appeal/Arbitration Committee meetings. The Appeal/Arbitration Committee will consider the Employers and two (2) members from facts in this case with reference to the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the otherdecision of arbitrators or other bodies ruling on similar matters, the four (4) shall select a fifth member Union and the employee's interpretations of the agreements or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairmanother employment rules, and the decisions cost of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to continuing the specific facts of the issue in disputecase. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Representation Agreement

Grievances. 16.01 All matters pertaining to the proper application and interpretation In cases of discharge or suspension or any other meeting at which a supervisor plansto discipline an employee, a Union Xxxxxxx shall be present. The Unionshall receive a copy of any and all of the provisions of this Agreement shall be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Unionwritten disciplinary action within three working days Union meaning Chief Xxxxxxx. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. d In the event the labor relations committee fails Retail Clerks #1105 - Grocery Chief Xxxxxxx does not receive such a copy within three (King-Snohomish Counties3) 15 to reach an agreement within twenty-one (21) days from the date ays and a grievance is filed to be filed, the limits in writing next step of the grievance procedure shall be extendedto equally compensate for any delay of the receipt of the copy of the disciplinary action. Both partiesof this Agreement agree that any dispute grievance concerningthe interpretation,application administrationof this Agreement, includingany quest as to whether a mutter is arbitrable, or alleged of this Agreement which has been properly carried through all the steps of the grievance procedure with the time limits outlined in above, and which not been settled, be referredto a Board of at the request of either of the parties hereto. The Board of Arbitration will be composed of one appointed by the Board, one person appointed by Union and a third personto act as Chair chosen by other two members of the Board of Arbitration. No person may be appointed as an arbitrator who been involvedin an attempt to settle a grievance or alleged Within ten working days of the request by either party upon for the otherBoard of each shall the other of the name of its appointee. Should the person chosen by the Boardto act on the Board of and the personchosen by the fail to a on a third person twenty work days mentionedin above, the four (4) shall select Minister of Labour of the Province of Ontario will be to nominate someone as an impartial Chair utilizing services of the Labour Management Commission. The of the Board of Arbitration, or a fifth member or they shall request majority thereof, constituted in the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee above manner shall be binding on both parties. there is no award, award of the Chair shall govern. The labor relations committee as thus constituted Boardof Arbitration shall not have no any power to add to, subtract from, or change any of the provisionsof this Agreement or modify to substitute any provisions new provisionsfor the existing provisions. Each of the parties to this AgreementAgreement will bear the expenses of the arbitrator appointedto it; and the will jointly bear the expense of the proceedings, but A single arbitrator may be proposed by either and, If the parties reach such agreement, then the conditions of Article shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in disputedisregarded. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining 1. If a dispute shall arise between the Employer and the Union or between the Employer and any employee with respect to the proper interpretation, application and interpretation or claim to violation of any and all of the provisions terms of this Agreement Agreement, an xxxxxxx effort shall be adjusted made to settle such difference immediately in the following manner. STEP 1. Any employee having a grievance shall present it, in the first instance, in writing within five (5) calendar days of its occurrence to his xxxxxxx, who shall refer the grievance to the Business Manager of the Union and Employer within the next following two days. Grievances may be initiated by the accredited Union, if it so desires. The Business Manager shall take up the grievance with the Department Manager. STEP 2. If a satisfactory settlement cannot be reached in Step 1 above, within two days after it first comes to the attention of the Department Manager, who shall submit a written report to the Business Manger within the same two-day period, the Business Manager shall take up the unsettled grievance with the designated representative of Allied Employersmanagement who has final authority to dispose of grievances and who shall, Inc., and the accredited representative within five (5) days after presentation to him of the grievance, submit an answer to the Union's representative. In the event that the designated representative of management fails to give his answer within the aforesaid five (5) day period or if the Union is not satisfied with the answer that is given, the Union shall have the right to submit said grievance to arbitration in accordance with the procedure set forth herein. 2. The Union may, after expiration of the failure five (5) day period or after the receipt of these parties to reach a satisfactory adjust­ ment within seven the Employer's answer, whichever is later, but not later than five (75) days thereafter, give the Employer notice of its desire to have the grievance submitted to impartial arbitration. The Union and the Employer shall attempt to agree upon the appointment of an impartial arbitrator. If the parties are unable to agree within five (5) days after the notification from the date Union or Employer of its desire to arbitrate, the parties shall request that the American Arbitration Association submit to each of them a grievance is filed list of arbitrators from its panel of impartial arbitrators. 3. The decision of the arbitrator shall be final and binding on all parties and he shall have no authority to add to, detract from, or in writing any way alter the terms of this Agreement, or change their terms or conditions of this contract or the wage rates therein established, or to decide issues not subject to arbitration under the terms of this Agreement or disputes which have not arisen during the life of this contract, of matters not presented by the Union as a party; nor shall any dispute concerning contracting out of work be subject to arbitration. This arbitration article shall not deprive the Employer or the Union of any remedy or action by either party upon the other, the matter shall be referred of them for final adjustment to violation of Article XII of this Agreement by appropriate action in a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Unioncourt of law. In the event such action is instituted, the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 arbitrator shall have no jurisdiction. The expenses incident to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing services of any arbitrator shall be paid equally by the Employer and the Union. 4. A decision reached at any stage of the proceedings above shall be binding upon both parties hereto and shall not be subject to reopening by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in disputeexcept by mutual agreement. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Penn National Gaming Inc)

Grievances. 16.01 All matters pertaining to Any difference concerning the proper dismissal, discipline, or suspension of a member or the interpretation, application and interpretation of any and all of the provisions or operation of this Agreement shall or concerning any alleged violation of this Agreement (hereinafter referred to as "grievances") will be adjusted by finally and conclusively settled without stoppage of work in the accredited representative of Allied Employers, Inc., following manner: (a) The grievance will be stated in writing and submitted to the accredited representative of Division Manager. Should the Union. In Division Manager be unable to settle the event of the failure of these parties to reach a satisfactory adjust­ ment matter within seven (7) days, the Division Manager will submit the grievance to the Chief Constable. (b) Should the Chief Constable be unable to settle the matter within seven (7) days, the Chief Constable will submit the grievance to the Board. (c) The Board and/or the bargaining representatives of the Board and the aggrieved member of the Department, the Grievance Committee of the Association and/or the bargaining representatives of the Association, will meet within fourteen (14) days after receipt of the grievance from the date a grievance is filed in writing Chief Constable and make every effort to settle the grievance. (d) Should no settlement be reached under paragraph (c) above within ten (10) days, or within such further period as may be mutually agreed upon by either party upon the otherparties, the matter shall grievance will be referred for final adjustment submitted to a labor relations committee single Arbitrator who will be selected as follows: Two by the parties within fourteen (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (2114) days from the date either party notifies the other that a grievance is filed in writing by being referred to arbitration. PROVIDED THAT if either party upon the otherso elects, the four (4) shall select grievance will be submitted to a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators3-person Arbitration Board, from in which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply case each party will name its nominee to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing Arbitration Board within ninety fourteen (9014) days from the date either party notifies the other party that a grievance is being referred to arbitration; within a further fourteen (14) days the nominees will select a Chairperson of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. Arbitration Board. (e) In the event the claim is one for additional wagesparties fail to agree upon a single Arbitrator, any such claim shall be limited or the nominees fail to additional wagesagree upon a Chairperson, if any, accruing within the ninety time limits set out herein, a request will be submitted by the parties or the nominees to the Minister of Labour to have one appointed. (90f) day period immediately preceding The time limits as referred to in paragraph (d) above may be extended by mutual agreement between the date upon which the Employer received notice in writing parties. (g) The provisions of the claimLabour Relations Code of British Columbia as to procedures will apply. (h) The finding of such single Arbitrator or Arbitration Board will be final and binding upon both parties.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining 1. It is expressly understood and agreed that the services to be and being performed by the employees covered by this Agreement pertain to and are essential to the proper application operation of a Public Utility and interpretation of any and all to the welfare of the provisions public dependent thereon, and in consideration thereof, and of the agreement and conditions herein by and between the Company and the Union to be kept and performed, the Company and the Union mutually agree that during the term of this Agreement there shall be adjusted no lockouts by the accredited Company and there shall be no strikes, stoppages of work or any other form of interference with any of the production or other operations of the Company by employees in the bargaining unit. 2. When an employee is interviewed by a Supervisor or member of Management for any reason, the employee shall have the right to request and require the presence of that appointed or elected Union representative most readily available as a witness or advisor if she so desires. She may request this prior to or during the interview but may not insist upon a particular individual if another of Allied Employersequal rank in the Union organization is more conveniently and readily available. 3. All disputes and controversies arising under or in connection with the terms or provisions hereof shall be subject to the grievance procedure hereinafter set forth: When an employee considers herself aggrieved, Inc.she shall discuss the incident with her Supervisor and her Xxxxxxx. If the issue has not been settled by the end of the employee's next working day, it may be taken to Step 1 of this procedure. If a settlement is reached before the grievance is reduced to writing, a pre-grievance form shall be filled out and the Grievance Committeeperson must sign and approve the document. One copy will be given to the grievant, the Supervisor will retain one (1) copy and will mail one (1) copy each to the Grievance Committeeperson and the Local Union Office. Step 1: The employee will obtain a Grievance Form and complete the upper portion stating her grievance and other pertinent information. The form will be presented to her Supervisor within fifteen (15) scheduled days (Xxxxxxxx’s scheduled days off and Holidays excluded) after the event causing the grievance. The Supervisor will sign and date the form acknowledging the request of the employee for a grievance hearing. The Supervisor will retain all copies pending completion of the form and give the employee a receipt indicating that her grievance has been submitted. The Supervisor will arrange for a grievance hearing as soon as practical, but no later than ten (10) scheduled days (Xxxxxxxx's scheduled days off and Holidays excluded) after receiving the Grievance Form from the employee. The Step 1 grievance will be between the Grievant, her Xxxxxxx, the Grievance Committeeperson, or their nominees, and those witnesses as both the Union and Company agree are needed to resolve the grievance, the Supervisor and Manager of the local unit involved and/or the Superintendent or their appropriate designees. At the conclusion of the hearing, the Company will complete the lower portion of the Grievance Form. The completed form will serve as a statement of the employee's grievance and the Supervisor's response. One (1) copy of the completed form will be provided to the employee and one (1) copy to her Union Representative at the conclusion of the hearing, if possible, but in any event within five (5) scheduled days (Xxxxxxxx's scheduled days off and Holidays excluded) after the date of the hearing. The Supervisor will retain one (1) copy for the local file and mail one (1) copy to the Manager of Labor Relations and one (1) copy to the Chairman of the Grievance Committee at the Local Union Office. The Company agrees to scan and send to the Union office a PDF file copy of all company grievance forms once it has been completed by all parties in the first step of the grievance procedure. Safety grievances involving an immediate threat to the safety and/or health of employees will be given priority in the grievance procedure. In Step 1 the grievant and other Union participants will receive their base wages for time spent at the grievance if heard during their regularly scheduled hours (excluding overtime hours). Step 2: If an adjustment of the grievance cannot be reached in Step 1, and the accredited representative aggrieved employee elects to proceed to Step 2, the employee or Xxxxxxx, at the employee's request, shall reduce the grievance to writing on the Union's Grievance Form, stating all particulars, and shall furnish a copy signed by the Xxxxxxx to the Local Union Grievance Committee. Should the Union intend to pursue the grievance to Step 2, the Union will send written notice of such intent to the Manager of Labor Relations and to the Manager of the local unit involved within sixty (60) working days (Saturdays, Sundays and Holidays excluded) following the date the completed Grievance Form is received in the Union Office. Upon timely notification from the Union to the Manager of Labor Relations, the Company shall arrange for a Step 2 Grievance Hearing to be scheduled not more than sixty (60) calendar days after receipt of notice to proceed to Step 2. The hearing will be conducted at the District, Plant or Department in which the grievance originated, unless another location is mutually agreed to by the Company and the Union. In The Company will be represented by the event Manager of Labor Relations, or his appropriate designee. The Union will be represented by the International Staff Representative, the Local Union President and the Local Union Chairperson of the failure Grievance Committee, or their appropriate designees and any other participants as the Union and Company agree are pertinent to the resolution of the grievance. (The Company and the Union may mutually agree, in order to expedite a particular grievance or grievances, to hear these parties to reach a satisfactory adjust­ ment grievances at the Company's Corporate Office.) Union participants in Step 2 will receive their base wages for time spent at the grievance if heard during their regularly scheduled hours (excluding overtime hours). Minutes of the 2nd Step hearing shall be prepared by the Manager of Labor Relations or his representative within seven ten (710) days (Saturdays, Sundays and Holidays excluded) of the hearing date. Four (4) copies of the minutes shall be mailed to the Office of the United Steelworkers, Local 13796, for their signatures. Any corrections or additions to the minutes may be prepared by the Union and shall be returned to the Company along with one (1) signed copy of the minutes, within sixty (60) calendar days, measured from the date a the minutes are received in the Union office. If an adjustment cannot be reached pursuant to and in the manner hereinabove set forth, the specific grievance is filed in writing by either party may be submitted to arbitration upon the other, election of either the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from Company or the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing Union by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply written notification to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing other party within ninety sixty (9060) calendar days from the date of receipt of the occurence causing signed minutes of the complaint or grievance except in cases where report Step 2 hearing by the Company. Prior to the scheduling of a grievance has been suppressed to be heard in regular arbitration a meeting may be called, at the request of either party, between the Manager of Labor Relations and the International Union Staff Representative, or her designee for the purpose of attempting to mutually resolve the grievance without going through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claimarbitration process.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining 5.1 There shall be an xxxxxxx effort on the part of both parties to this agreement, to settle promptly through the proper application procedure set out herein, any complaints, grievances, or disputes arising from the interpretation, application, or administration of this Agreement. Probationary employees cannot grieve their layoff or termination. (a) The parties acknowledge that in the interests of promoting good working relationships, any differences should be dealt with and interpretation of any settled at the earliest possible stage. Generally, the employee will seek to resolve the issue with the employee’s Territory Manager. (b) Should settlement not be reached between the employee and all their Territory Manager, the Union may submit a grievance, which must be in writing, on forms supplied by the Union, signed by the Union and the employee having such grievance and setting out, among other particulars: (i) the nature of the provisions grievance, (ii) the Article or Articles of the Agreement alleged to have been violated; and (iii) the nature of the remedy sought and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or in the case of remedy, an Arbitrator. 5.3 In determining the time which is allowed in the various steps of Articles 5 and 6, Saturday, Sunday and Statutory Holidays shall be excluded, and any time limits may only be extended by mutual agreement in writing. 5.4 If the employee or Union does not advance the grievance in accordance with Article 5 & 6 hereof within the time limits specified herein, or as may be extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re-opened. 5.5 Grievances properly arising under this Agreement shall be adjusted by and settled as follows: Step 1 Within five (5) full working weekdays after the accredited circumstances giving rise to the grievance occurred or originated, the aggrieved employee and/or a union representative shall present the grievance in writing to the Territory Manager. The Territory Manager will schedule to meet with the union representative within five (5) working weekdays of Allied Employers, Inc., and the accredited representative presentation of the Unionwritten grievance. In If a settlement satisfactory to the event of the failure of these parties to reach a satisfactory adjust­ ment Union is not reached within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from full working weekdays after the Unionmeeting scheduled by the Territory Manager, the grievance may be presented as indicated in Step Two to the Services General Manager at any time within five (5) full working weekdays thereafter. In Following presentation of the event grievance to the labor relations committee fails Retail Clerks #1105 - Grocery Services General Manager within five (King-Snohomish Counties5) 15 full working weekdays, the Services General Manager (or their designate) will schedule to reach an agreement meet with the union representative and grievor within twenty-one ten (2110) working weekdays. Should no satisfactory settlement be reached within five (5) full working weekdays after the meeting, the grievance may be submitted to arbitration. 5.6 Notwithstanding the above, a grievance concerning the payment or failure to pay wages may be presented within thirty (30) days from after the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply circumstances giving rise to the specific facts of the issue in disputegrievance occurred or originated. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 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. All matters pertaining such grievances will be handled as provided in this Article. No grievance shall be considered under the grievance procedure unless it is presented as provided herein with reasonable promptness after the circumstances giving rise to the proper application and interpretation of any and all grievance first occurred. A grievance will be considered settled on the basis of the provisions of this Agreement shall be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Unionlast answer given. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date If a grievance is filed once settled in writing by any of the following steps, it shall be considered closed and shall not thereafter be subject to the grievance procedure or to arbitration hereunder. Step 1. The aggrieved employee, either party upon the otherwith or without a Union representative, shall first take up the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from with the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesimmediate supervisor. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions grievance of the employee may be adjusted in a manner not inconsistent with the terms of this Agreement, provided that the Union representative has been given an opportunity to be present. If the matter is not satisfactorily settled as a result of their discussion, the Union representative, shall submit the written grievance to the same immediate supervisor who shall add an answer in writing and send the grievance to the Department Head (or designee) with a copy to the Union. If the grievance concerns discharge or discipline of an employee, the grievance must also be signed by the employee involved in order to advance beyond Step 2. Step 2. Within one (1) week after the written grievance is received by the Department Head (or designee), but not more than ten (10) days after it is submitted to the supervisor in Step 1, the Department Head (or designee) shall meet with the Union representative after which an answer in writing shall be authorized only to interpret existing provisions of this Agreement as they apply submitted to the specific facts Union within one (1) week. Step 3. If no satisfactory settlement is reached in Step 2, the Union may submit the grievance to the Director of Labor and Employee Relations (or designee), who shall meet with the Chief Xxxxxxx and a Business agent within one (1) week after submission and shall give an answer in writing to the Union within one (1) week after such meeting. If the nature of the issue in dispute. 16.02 During grievance makes it appropriate, the process written grievance may be submitted directly by the Union to the Director of making adjustments under Labor and Employee Relations or by the rule Director of Labor and procedures Employee Relations to the Union. The procedure set forth in Section 16.01 above, no strike or lockout the preceding paragraph shall occurapply. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining 1. For the purposes of this Agreement, a grievance shall be defined as any complaint by any Employee covered by this Agreement that s/he has been subjected to a violation or misinterpretation of a specific provision of this Agreement. 2. The purpose of this procedure is to secure at the lowest possible administrative level, equitable solutions to the proper application problems affecting the welfare of working conditions of the Employees. Both parties agree that these proceedings will be kept as informal and interpretation confidential as may be appropriate at any level of this procedure. 3. Nothing contained herein shall be construed as limiting the rights of any and all Employee having a complaint to discuss the matter informally with any appropriate member of the administration and to have the problem adjusted without intervention of the Union, provided, however, that any such adjustment shall be consistent with the terms of this Agreement. If the Employee so chooses, a representative of the Union may be present at the adjustment of the complaint. Only those unresolved complaints that directly relate to a violation or misinterpretation of a specific provision of this Agreement are subject to the grievance process. 4. Since it is important that the grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum. The time limits specified may be extended only by a prior express agreement of the respective parties or their representatives. 5. If the grievance has not been properly presented at Level One at the end of ten (10) working days following the occurrence of the grievance, then the grievance shall be deemed settled, or waived, and shall not be eligible for further action. Furthermore, if the grievant does not adhere to the time limits at each level of the grievance process, then the grievance shall be deemed settled, or waived, and shall not be eligible for further action. 6. If the Employer or Administrator fails to adhere to the time limits at any level in the grievance process, then the grievance shall be considered to be denied at that level, and the grievant may submit the grievance in writing, within the required time limit, to the appropriate Administrator at the next level in the process. 7. Subject to the foregoing provisions of this Agreement shall Article, all grievances must in all cases be adjusted by processed in accordance with the accredited representative of Allied Employerslevels, Inc.time limits, and conditions herein set forth: The grievant shall present the accredited representative grievance to the appropriate immediate supervisor within ten (10) working days of the Unionoccurrence of any grievance or the date of first knowledge of its occurrence by any party affected by it. In The supervisor shall meet with the event of the failure of these parties to reach a satisfactory adjust­ ment grievant within seven (7) working days from of receipt of the date written grievance. The supervisor shall render a decision to the grievant within seven (7) working days of the meeting. If the grievance is filed has not been resolved at Level One to the satisfaction of the grievant, the grievant may appeal such decision in writing by either party upon to the other, Director of Finance within seven (7) working days of the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both partiesLevel One decision. The labor relations committee as thus constituted Director of Finance or his/her designee shall have no power meet with the grievant to add to, subtract from, or change or modify any provisions discuss the allegations within seven (7) working days of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts receipt of the issue in dispute. 16.02 During the process of making adjustments under the rule written appeal and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing will render a written decision within ninety seven (907) working days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety Level One (90A) day period immediately preceding the date upon which the Employer received notice in writing of the claimmeeting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining If the Company or Union wishes to file a the party wishing to grieve shall do so by a copy of its grievance to the proper application and interpretation of any and all Union or Company, as the case may within thirty (30) days ofthe occurrence of the provisions of this Agreement event on which the grievance is based. No such grievance shall be adjusted filed with respect to the same matter that is already the subject of a grievance filed by an employee under Article nor shall any grievance be filed by an respect to the same subject that is already the subject of a grievance filed the Union tinder Article. The party receives the shall the grievance in writing within five (5) days after receipt of but. if there is no er in writing then it shall be deemed that the of the has been refused. is not settled by the accredited representative of Allied Employers, Inc., and parties through this procedure. it can then be submitted to arbitration the accredited representative Arbitration Procedure Agreement within five (5) days after the expiration of the Union. In the event five (5) days referred to Either may within ten (10) days of the failure decision made at step or, in that Step decision not rendered the specified frames. serve notice to the other intention to refer to arbitration. The Arbitration Board shall consist of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the othersingle arbitrator selected mutual a, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Unionparties. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 parties are unable to reach agree on an agreement within twenty-arbitrator fifteen ofreceipt ofthe notice of intent to matter to one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions appointed of this committee Labour. To shall be binding on both partiesas arbitrator previous!: in attempts to or settle the grievance. Each of hereto shall bear equally the expense of arbitrator. matter be referred to arbitration first being properly in the grievance procedure. agreed parties in writing. The labor relations committee as thus constituted shall have no power not be to add to, subtract from, or change or modify any decision that is inconsistent provisions of this Agreement, but nor to alter. or amend part of the except that Arbitrator may, at his discretion. modify penalty which has been imposed the The shall hold a hearing as as and his decision after hearing. The decision of such shall be authorized only and binding the The the used to interpret existing provisions of this Agreement as they apply convene the hearing cost to the specific facts of the issue in disputeUnion. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining The Union shall elect or otherwise appoint a Grievance Committee which shall be by the Employer for purposes of grievance adjustment. The Union shall advise the Employer of the names of the Committee as well as such changes in its personnel as may occur from time to time. The Employer shall advise the Union of the names of the non-union supervisors (and designates) for each area for the purpose of identifying key contact persons for stewards. If there occur grievances, complaints, disputes and differences arising between the Employer and employee as to the proper interpretation, application and interpretation of any and all or non-application of the provisions of this Agreement Agreement, an xxxxxxx effort shall be adjusted made to settle such differences in the following manner: resolution stage An employee and his/her xxxxxxx may request his/her non-union supervisor or designate to handle a specific problem where the actual details are clearly identified. The employee and the xxxxxxx will make every effort to adjust the situation with the non-union supervisor or designate before it is in writing. Step One By the aggrieved employee accompanied by the accredited representative of Allied Employers, Inc.his/her xxxxxxx, and the accredited manager of the department or his/her equivalent in the unit involved. If the alleged grievance is not settled at this stage within five working days after the grievance is registered, it may, at the request of the aggrieved employee, within ten working days after receipt of the response from the employer, be carried to step If the griever fails to act within the time limit, the grievance will be considered abandoned. Step Two By the Union Grievance Committee, and a senior representative of the UnionHuman Resources. In the event The Director of Human Resources or his/her representative shall hold a hearing within ten working days of the failure date of these parties to reach receipt of the grievance, and shall give the griever a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed decision in writing within working days of the completion of the hearing. The time limits specified in and above may be extended by either party upon mutual consent. Such consent will be requested and agreed to in writing. The parties agree that employees should not harbour grievances. They should bring them to the otherattention of the Employer without delay. Accordingly, it is agreed that no grievance shall be considered, the matter shall be referred for final adjustment alleged circumstances of which arose more than fifteen working days previous to a labor relations committee selected as follows: Two (2) members from its registration. Any difference arising directly between the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, Union and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, University involving the interpretation or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of alleged violation of this Agreement which cannot otherwise be dealt with under this Article because of the inability or refusal of an employee to submit a grievance, or where the grievance affects a group of employees, or a Department or the University as a whole, or in cases of suspension or discharge, may be submitted by the Union in writing, at the second step (Article and dealt with as a proper grievance under the grievance procedure. Failing satisfactory solution within the time limit as stated in Article such grievances may be referred to Arbitration. A disciplinary notation from an employee’s record shall not be recognized unless presented in writing within ninety (90) days from used against this person more than two years after the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claimissue.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 5.1 There shall be an xxxxxxx effort on the part of both parties to this agreement, to settle promptly through the procedure set out herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of this agreement. Probationary employees cannot grieve their layoff or termination. 5.2 All matters pertaining grievances to be dealt with under Step One below shall be in writing, on forms supplied by the proper application Union and interpretation of any and all signed by the employee having such grievance. 5.3 Written grievances, to be valid, shall set out the nature of the provisions grievance, the Article or Articles of the Agreement alleged to have been violated and the nature of the remedy sought and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or in the case of remedy, an Arbitrator or Grievance Settlement Officer. 5.4 In determining the time which is allowed in the various steps of Articles 5 and 6, Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may be extended by mutual agreement in writing. 5.5 If the employee or the union does not advance the grievance in accordance with Article 5 & 6 hereof within the time limits specified therein, or as may be extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re- opened. 5.6 Grievances properly arising under this Agreement shall be adjusted by and settled as follows: Step 1 Within five (5) full working days after the accredited representative of Allied Employerscircumstances giving rise to the grievance occurred or originated the aggrieved employee and/or a union representative, Inc., and shall present the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon to the other, Territory Manager to handle grievances at this step. If a settlement satisfactory to the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and Union is not reached within two (2) members from full working days after presenting the Union. In grievance to the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the otherterritory manager, the four grievance may be presented as indicated in Step Two to the Services General Manager at any time within five (45) shall select a fifth member full working days thereafter. Step 2 A meeting between the Services General Manager (or they shall request his/her designate) and the Federal Mediation Grievor and Conciliation Service to submit a list the Business Representative of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who Union shall be chairman, and convened within (10) full working days to deal with the decisions of this committee shall grievance. Should no satisfactory settlement be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing reached within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.five

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining Informal Resolution of Disputes or Disagreements The parties recognize the value of exploring informal resolution of disputes or disagreements between unit members and principal investigators or supervisors prior to the proper application initiation of a grievance under this article, and interpretation mutually encourage such attempts at informal resolution. Such efforts at informal resolution shall not suspend the timeliness requirements for filing a grievance as set forth below. Any agreements reached through an informal resolution process shall be reduced to writing and shall not be precedential, but shall be binding for the current matter only. Informal resolution may take place at anytime during the process outlined below. Informal resolution does not modify or alter the terms of this collective negotiations Agreement. A. Definition of grievances under this article 1) Grievances under this article are claimed violations of any and all of the provisions provision of this Agreement shall or of any Rutgers policy relating to mandatorily negotiable terms and conditions of employment which has been presented pursuant to this Article. 2) A grievance under this Article may be adjusted presented by a negotiations unit member or members if more than one member has been affected, and/or by the accredited representative Union (hereinafter collectively referred to as the "grievant(s)"). Grievance Process 1) A grievance must be filed in writing with the Office of Allied Employers, Inc., and University Labor Relations on a form acceptable to the accredited representative University as described in Section C. 1 below within 60 working days of the Union. In the event date of the failure occurrence of these parties to reach a satisfactory adjust­ ment the alleged violation or within seven (7) 60 working days from the date the aggrieved unit member(s) knew or should reasonably have known of the occurrence of the alleged violation. 2) The grievance filing may include a grievance is filed in writing request by either party the grievant(s) for mediation. The mediator will be selected from the existing panel of mediators mutually agreed upon by the other, AAUP-AFT and the matter University. The mediator shall be referred selected in standard rotation order for final adjustment this cohort. The parties will attempt to obtain and schedule a labor relations committee selected as follows: Two (2) members from mediation date within 30 days of a request. The results of the Employers mediation, if successful, shall be reduced to writing and two (2) members from signed by the parties. No more than a total of six hours' service by the mediator shall be permitted for each grievance unless additional time is agreed to by the University and the Union. In The fees associated with the event mediator's services shall be divided equally between the labor relations committee fails Retail Clerks #1105 - Grocery parties. If no resolution is achieved through mediation, or if mediation is not requested, the grievance shall proceed as outlined below. 3) The University shall schedule a Step One meeting with the grievant(s) and any other appropriate parties within 20 working days of the filing of the grievance statement, or within 20 working days after mediation, whichever is applicable. At this Step One meeting, the parties will endeavor to settle the grievance. Any agreement will be reduced to writing and signed by the parties. If the matter remains unresolved at the conclusion of the Step One meeting, the University representative conducting the meeting shall render a written decision concerning the grievance within 20 working days of the Step One meeting. 4) If the grievant(s) is not satisfied with the disposition of the grievance at Step One, within 20 working days of the written Step One decision, the grievant(s) may appeal the Step One decision by requesting in writing a resolution by the Executive Vice President for Academic Affairs or his/her designee (King"EVPAA"). Such written request shall be filed with the Office of University Labor Relations and shall include the initial grievance statement, the Step One decision, and a statement of the reasons that form the basis of the appeal. The EVP AA shall conduct whatever investigation he/she feels is necessary in order to render a decision concerning the grievance. The EVPAA shall render a written decision within 30 working days after the filing of the written appeal by the grievant(s). The decision of the EVPAA shall be final and binding on all parties, except as set forth below in Section 5. 5) Notwithstanding the above, grievances in which the negotiations unit member alleges a violation of Article 7, Salaries, may be appealed by the union to binding arbitration on behalf of a member or members of the negotiations unit as outlined in paragraph B.5.a. below. a. If the Union is not satisfied with the decision of the EVPAA, within 20 working days of the written decision of the EVPAA, the Union may request in writing that the grievance be submitted to arbitration. If the AAUP-Snohomish Counties) 15 AFT submits a grievance to reach an agreement within twenty-one (21) days arbitration, the AAUP- AFT will submit to the Office of University Labor Relations a copy of its submission. The arbitrator will be selected from the date a grievance is filed in writing existing panel of mediators/arbitrators mutually agreed upon by either party upon the other, AAUP-AFT and the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who University. The arbitrator shall be chairmanselected in standard rotation order for this cohort, and except that the decisions of this committee person who previously served as mediator shall be binding on both partiesnot arbitrate the same grievance. The labor relations committee as thus constituted shall have no power to add toappointed arbitrator will submit, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining A grievance is a complaint, dispute or controversy in which it is claimed that either party has failed to comply with an obligation assumed by it under the terms of this Agreement, and which involves either a dispute as to the proper facts involved, a question concerning the meaning, interpretation, scope or application of this Agreement, or both. The parties to this Agreement that the griev- ances shall be settled promptly and interpretation of any as close to the source as possible. Further, both parties will endeavour to present all the facts relating to the grievance at the first step in the grievance procedure. Grievances not presented to the Company in keep- ing with the limits specified hereinafter, or not carried to the next step within the time limits specified shall be deemed to have been abandoned and all may not thereafter be raised except by mutual consent of the provisions of this Agreement parties. Grievances not answered or an extension not obtained within the time limits specified shall be adjusted deemed to be settled in favour of the No complaint or grievance shall be considered: which clearly usurps the function or rights of Management; where the circumstance giving rise to the complaint or grievance occurred or originated more than ten work- ing days prior to the filing of the complaint or grievance. EMPLOYEEGRIEVANCES Prior to submission of a grievance in writing, any employee who believes that he has a justifiable complaint shall discuss and attempt to settle it with his Foreperson with his Departmental Xxxxxxx being present. The Foreperson will make known his decision within one working day. This shall be deemed as Step No. 1 of the grievance procedure and must be adhered to. If an agreement cannot be reached between the employee, Xxxxxxx and Xxxxxxxxxx, the complaint may be treated as a formal grievance and appealed to Step No. The grievance shall be reduced to writing on forms supplied by the accredited representative of Allied EmployersUnion which shall also cite the clause(s) violated, Inc., dated and signed by the employee(s) concerned and the accredited representative proper Union Xxxxxxx. The Union Representative shall forward two copies to the Human Resources Department, one copy to the and one copy for the Union files. It is agreed that the employee involved (i.e. the and the Xxxxxxx involved will be present at Step of the Uniongrievance procedure. In Step Notice of appeal must be given in writing to the event of the failure of these parties to reach a satisfactory adjust­ ment Human Resources Department within seven (7) five working days from the date a of the Foreperson’ decision. The Plant Manager or his designated representative with the Human Resources Manager or his designated representative will discuss and try to settle the grievance is filed with the grievance committee within five working days after receiving the appeal. A decision in writing by either party upon the other, the matter shall be referred for final adjustment rendered within two working days after the meet- :--,-\ be appealed to a labor relations committee selected as follows: Two Step It is agreed that the employee involved (2) members from i.e. the Employers and two (2) members from the UnionXxxxxxx involved may elect to be present at Step of the grievance procedure. In Step Notice of Appeal must be given in writing to the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement Human Resources Department within twenty-one (21) five working days from the date a of the written decision of the Plant Manager/Human Resources Manager. The Vice-President and the Regional Representative shall and attempt to settle the grievance is filed with the Grievance Committee and the Managers of the Plant and Human Resources within five working days after receiving the appeal. A decision in writing shall be rendered within two working days after the meeting(s) of this Step It is agreed that any of the time limits specified in Article VI, Clause (Employee Grievances) may be extended by either party upon mutual agreement between the other, parties. Such mutual agree- ment must be dated and signed by both the four (4) Company and Union representatives. It is agreed that the Union shall select a fifth member or they shall request the Federal Mediation and Conciliation Service up to submit a list three employees, one of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and that these employees shall constitute the decisions Union grievance committee. The Union also agrees to notify the Manager of this Human Resources in writing of the names of the employees so selected and of any changes in said committee members. Any settlement reached in individual negotiations shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing consistent with the provisions of this Agreement as they apply to and meet with the specific facts approval of the issue in dispute. 16.02 During Union. Each of the process of making adjustments under parties hereto agrees that any grievance not satisfactorily settled after Step No. and if the rule and procedures set forth in Section 16.01 above, no strike grievance is one which concerns an alleged violation or lockout shall occur. 16.03 No grievance or claim of violation misinterpretation of this Agreement shall agreement, may be recognized unless presented in writing within ninety (90) days from referred to a Board of Arbitration at the date written request of either of the occurence causing the complaint or grievance except parties as laid down in cases where report Article VII, Clause The foregoing pertains to grievances other than rate grievances. The procedure for settlement of rate grievances is in . which hereby forms a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing part of the claimthis contract.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining to the proper application and interpretation of any and all of the provisions of this Agreement shall be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. (a) In the event case of a dispute arising under this Agreement, which the failure of these parties Parties are unable to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed settle between themselves as set out in writing by either party upon the otherArticle 34, the matter shall be referred for final adjustment to a labor relations committee selected determined by arbitration as follows: Two Either Party may notify the other Party and the arbitrator in writing, by registered mail, of the question or questions to be arbitrated. After receiving such notice and statement the arbitrator and the other Party shall within three (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (213) days from acknowledge receipt of the date question or questions to be arbitrated. (b) No one shall serve as an arbitrator who: (i) either directly or indirectly has any interest in the subject of the arbitration; (ii) has participated in the grievance procedure preceding the arbitration; (iii) is, or has been, within a grievance is filed period of eight (8) months, preceding the initiation of arbitration proceedings, employed by any Local Union of the USW, or a Company directly engaged in writing by either party the forest productsindustry. (c) The decision of the arbitrator shall be final and binding upon the otherParties of the First and Second Parts. (d) If the arbitrator finds that an employee has been unjustly suspended or discharged, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who that employee shall be chairman, reinstated by the Company without loss of pay and with all his rights and privileges preserved under the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions terms of this Agreement, but provided always that if it is shown to the arbitrator that the employee has been in receipt of wages during the period between discharge (or suspension) and reinstatement, or date of failure to rehire and rehiring, the amount so received shall be authorized only deducted from wages payable by the Company pursuant to interpret existing provisions this Section, further provided that the wages so deducted shall be first reduced by the amount required for the payment of this Agreement as they apply fare from the original place of employment and to the specific facts place where employed during the period of discharge (or suspension) and return. (e) The arbitrator shall be required to hand down his decision within fourteen (14) days following completion of the issue in disputehearing. 16.02 During (f) The Parties shall appoint a panel of eight (8) arbitrators. The single arbitrator shall be selected from this panel. If the process Parties fail to appoint the required eight (8) arbitrators, they shall forthwith request the Honourable Minister of making adjustments under Labour of the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occurProvince of British Columbia to appoint the arbitrator required. 16.03 No grievance or claim of violation of this Agreement (g) The single arbitrator shall be recognized unless presented in writing selected from the panel of eight (8) arbitrators on a rotational basis. If an arbitrator selected to hear and determine a dispute is unable to schedule a hearing to occur within ninety thirty (9030) days from of the date of his selection the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim dispute shall be limited reassigned to additional wages, if any, accruing within the ninety (90) day period immediately preceding next arbitrator in the date upon which the Employer received notice in writing of the claim.rotation

Appears in 1 contract

Samples: Master Logging Agreement

Grievances. 16.01 All matters pertaining 7.01 The parties acknowledge the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties’ recognition of this principle has contributed stability and certainty to the proper application grievance procedure. Accordingly the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and interpretation violates the fundamental principles of any collective bargaining. However, in those instances where the National Union CAW, by either its Executive Board, Public Review Board or Constitutional Convention Appeals Committee, has reviewed the disposition of a grievance and all found that such disposition was improperly effected by the Union or a Union representative, the National Union CAW may inform the Coca-Cola Labour Relations Director in writing, that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the provisions of this Agreement grievance occurred. It is specifically understood however, that the Company shall not be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred responsible for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from any liabilities which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall may have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days accrued from the date of the occurence causing initial withdrawal of the complaint grievance by the Union, up to and including the date on which the grievance is reinstated. In addition, in those instances where the Company, by either its Director of Labour Relations or grievance except in cases where report a Coca-Cola Refreshments Executive member, has reviewed the disposition of a Company grievance has been suppressed through coercion and found that such disposition was improperly effected by the EmployerCompany or a Company representative, the Company may inform the National Union CAW in writing, that such Company grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. In It is specifically understood however, that the event Union shall not be responsible for any liabilities which may have accrued from the claim date of the initial withdrawal of the Company grievance, up to and including the date on which the grievance is one for additional wages, reinstated. It is understood that the foregoing does not allow either party to nullify any such claim settlement. 7.02 The Union Stewards herein referred to shall be limited to additional wages, if any, accruing within employees of the ninety Company and shall not be more than three (903) day period immediately preceding in number. The Union will notify the date upon which the Employer received notice Company in writing of the claimnames of such Stewards and may also notify the Company of the names of not more than an equal number of additional employees who may serve as alternate Stewards in the absence from work of a regular Xxxxxxx. The Company will not recognize any individual as a Xxxxxxx until it has received such notification from the Union. 7.03 A Xxxxxxx shall be permitted reasonable time off work without loss of regular pay for the purposes of investigating and processing of grievances. Such time off shall be granted within 24 hours, excluding Saturdays and Sundays, unless a Xxxxxxx is available at work on Saturday or Sunday. The employee shall first seek permission from his/her supervisor and will notify his/her supervisor upon their return to work. Such permission shall not be unreasonably withheld. (a) In this Agreement a "grievance" shall consist only of a difference concerning the interpretation, application, administration or alleged violation of any provision of this Agreement, including any question as to whether a matter is arbitratable. A grievance must be taken up within fifteen (15) working days of the employee becoming aware of the circumstances giving rise to the grievance. It will be understood that a verbal discussion at Step One in the grievance procedure will meet the time limit in which to take up the grievance(s).

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining It is the mutual desire of the Board and the Local Bargaining Unit that all grievances be settled as fairly and as promptly as possible. Time Limits The time limits in this Article are mandatory except as noted in Article Definition A grievance shall be defined as a difference between the parties relating to the proper application interpretation, application, administration, or alleged contravention of the collective agreement, including a question as to whether the matter is arbitrable. grievance may be brought by a teacher, a group of teachers, the local Bargaining Unit or the Board. The shall be accompanied at all steps of the grievance by a representative appointed by the Local Bargaining Unit executive. Complaint Any teachers who feel they may have a grievance according to Article shall, where it is appropriate with respect to the matter which is the subject of the grievance, first discuss this complaint with their principal and interpretation a representative appointed by the Local Bargaining Unit executive. Teachers not directly responsible to a principal shall proceed to Step One. Failing resolution following discussions as per Article the complaint may then be grieved in the following manner: Step One A grievance shall be submitted in concise written form to the Superintendent of Human Resources, or in the event of a grievance by the Board, to the Local Bargaining Unit representativewithin twelve (12) working days of the becoming aware of the circumstances giving rise to the grievance. The written submission shall include the circumstances giving rise to the grievance, the clause or clauses of the Collective Agreement, which are alleged to have been breached, and the remedy sought. A meeting shall be held between the and the Superintendent of Human Resources or designate within five (5) working days from the receipt of the grievance. The Superintendent of Human Resources shall have five (5) working days from the meeting in which to make a written reply. If the parties fail to meet in the time permitted for the meeting or failing settlement following the meeting and the time permitted for a reply, the matter may be processed to Step Two. Step Two A meeting shall be held within five (5) days to attempt to settle the grievance. The may attend the meeting between a representatives appointed by the Local Bargaining Unit executive and a Board representative or representatives. The Board shall have five (5) working days in which to make a written reply. If the parties fail to meet in the time permitted for the meeting or failing settlement following the meeting and the time permitted for a reply, the matter may be processed to Step Three. Step Three The grievance may be submitted to arbitration within ten (1O) working days of the failure to settle at Step Two. Any grievance not processed within the time limits specified in this Grievance Procedure or in accordance with the arbitration provisions specified below shall be deemed to have been settled and ineligible for such arbitration. The grievance may be referred to arbitration by the Association or the Board. If the Board or the Association that a grievance be submitted for arbitration, such party shall make the request in writing addressed to the other party to this Agreement, and at the same time nominate an arbitrator. Within five (5) working days thereafter, the other party shall nominate an arbitrator and notify the first party. The two arbitrators nominated shall, within five (5) working days of the nomination of the latter of them, attempt to select by agreement a third person to be a member and chairperson of the Arbitration Board. If they are unable to agree on such a chairperson, they may request that the Ministry of Labour appoint a chairperson. In the event of default by either party in nominating its representative to the Arbitration Board, the other party may apply to the Ministry of Labour which shall have the power to effect such appointment. No person may be appointed as an arbitrator who has been involved in any and all attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend, modify, ignore or add to any of the provisions of this Agreement shall be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract fromAgreement, or change or modify to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. No matter may be submitted to arbitration which has not been properly carried through the Grievance Procedure. Both parties may agree in writing to extend the time limits fixed in both the Grievance and Arbitration Procedures. The decision of the majority of the Arbitration Board will be final and binding upon the parties hereto and if there is no majority decision, but shall the decision of the chair will be authorized only to interpret existing provisions final and binding upon the parties thereto. Each of this Agreement as they apply the parties will bear the expense of the Arbitrator appointed by it, and the parties 'willjointly bear the fees and expenses of the chairperson of the Arbitration Board. The parties may agree in writing, to the specific facts appointment of a sole arbitrator for any grievance. Notwithstanding the process above for selecting the members of a board of arbitration, in the event that the parties agree to a sole arbitrator, the parties shall within five (5) working days of the issue in disputeagreement to proceed with a sole arbitrator, attempt to select, by agreement, the arbitrator. If they are unable to agree on such an arbitrator, they may request that the Ministry of Labour appoint the arbitrator. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Agreement

Grievances. 16.01 All matters pertaining Should any grievance arise during the term of this Agreement, such grievance shall be submitted to the proper application and interpretation of any and all of following procedure. For the provisions purposes of this Agreement Agreement, a grievance is defined to be any controversy arising from the interpretation, application or violation of policies, agreements and administrative decisions which affect any employee. Step 1: On behalf of an aggrieved employee, the PBA Representative shall submit the grievance in writing to the Chief of Police within 10 calendar days after the occurrence of said grievance. If the grievance is not filed in writing, the employee shall be adjusted by barred from proceeding further with said grievance. If the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. In the event of the failure of these parties to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed in writing by either party upon the otherwriting, the PBA Representative and Chief of Police shall forthwith attempt to settle the grievance. If the PBA Representative and Chief of Police fail to settle the grievance, the grievance shall proceed to Step 2. Step 2: If no adjustment has been reached at Step 1, then within five days after Step 1, the PBA Representative shall take the matter up with the Director of Public Safety and every effort shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 made to reach an agreement a mutually satisfactory solution. Failure of the Director of Public Safety to resolve the matter within twenty-one (21) 30 working days from shall constitute a denial of the date grievance. Step 3: If the grievance is not resolved at Step 2, the PBA or City may refer the matter to arbitration as stated below, provided that written notice is given to the other party within 45 days of the Step 2 answer. If 45 days written notice is not given, then the grievance answer shall be considered as accepted between the parties, and arbitration shall not be available as a remedy. a. Any party wishing to remove a grievance is filed in writing by either party upon the other, the four (4) to arbitration shall select notify PERC that they are moving a fifth member or they shall grievance to arbitration and request the Federal Mediation and Conciliation Service to submit that a list of eleven (11) names arbitrators be furnished to the City and the PBA. If the City and the PBA cannot mutually arrive at a satisfactory arbitrator within 30 days after receipt of qualified arbitratorsthe list from PERC, from which the labor relations committee Commission shall select a fifth memberan arbitrator. The arbitrator shall hear the matter on the evidence and within the meaning of this Agreement and applicable Civil Service rules and regulations, who and render his/her award in writing, which shall be chairman, final and binding. The cost of the decisions arbitrator’s fee shall be shared equally by the City and PBA. Any representative or officer of the PBA required in the grievance procedure to settle disputes on any arbitration shall be released from work without loss of pay for such purpose and any witness reasonably required shall be made available during working hours without loss of pay for the purpose of disposing of any grievance or arbitration matter. b. The arbitrator shall limit himself/herself to the interpretation and application of the terms of this committee shall be binding on both parties. Agreement and to the issues submitted to him/her and consider no other. c. The labor relations committee as thus constituted arbitrator shall have no power authority to add to, subtract detract from, or change alter, amend, or modify any provisions provision of this Agreement or impose on any party thereto a limitation or obligation not provided in this Agreement. d. Grievance matters shall proceed to arbitration only if submitted by the City or PBA. e. The grievance procedure shall apply to any alleged violation by an employee of any rule, regulation or policy for the direction of the working force of the Police Department as promulgated by the City or its designated representatives pursuant to the management rights clauses of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All matters pertaining to the proper application and interpretation of any and all of the provisions of this Agreement shall be adjusted by the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. (a) In the event case of a dispute arising under this Agreement, which the failure of these parties Parties are unable to reach a satisfactory adjust­ ment within seven (7) days from the date a grievance is filed settle between themselves as set out in writing by either party upon the otherArticle 34, the matter shall be referred for final adjustment to a labor relations committee selected determined by arbitration as follows: Two Either Party may notify the other Party and the arbitrator in writing, by registered mail, of the question or questions to be arbitrated. After receiving such notice and statement the arbitrator and the other Party shall within three (2) members from the Employers and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (213) days from acknowledge receipt of the date question or questions to be arbitrated. (b) No one shall serve as an arbitrator who: (i) either directly or indirectly has any interest in the subject of the arbitration; (ii) has participated in the grievance procedure preceding the arbitration; (iii) is, or has been, within a grievance is filed period of eight (8) months, preceding the initiation of arbitration proceedings, employed by any Local Union of the USW, or a Company directly engaged in writing by either party the forest products industry. (c) The decision of the arbitrator shall be final and binding upon the otherParties of the First and Second Parts. (d) If the arbitrator finds that an employee has been unjustly suspended or discharged, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who that employee shall be chairman, reinstated by the Company without loss of pay and with all his rights and privileges preserved under the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions terms of this Agreement, but provided always that if it is shown to the arbitrator that the employee has been in receipt of wages during the period between discharge (or suspension) and reinstatement, or date of failure to rehire and rehiring, the amount so received shall be authorized only deducted from wages payable by the Company pursuant to interpret existing provisions this Section, further provided that the wages so deducted shall be first reduced by the amount required for the payment of this Agreement as they apply fare from the original place of employment and to the specific facts place where employed during the period of discharge (or suspension) and return. (e) The arbitrator shall be required to hand down his decision within fourteen (14) days following completion of the issue in disputehearing. 16.02 During (f) The Parties shall appoint a panel of eight (8) arbitrators. The single arbitrator shall be selected from this panel. If the process Parties fail to appoint the required eight (8) arbitrators, they shall forthwith request the Honourable Minister of making adjustments under Labour of the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occurProvince of British Columbia to appoint the arbitrator required. 16.03 No grievance or claim of violation of this Agreement (g) The single arbitrator shall be recognized unless presented in writing selected from the panel of eight (8) arbitrators on a rotational basis. If an arbitrator selected to hear and determine a dispute is unable to schedule a hearing to occur within ninety thirty (9030) days from of the date of his selection the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim dispute shall be limited reassigned to additional wages, if any, accruing within the ninety (90) day period immediately preceding next arbitrator in the date upon which the Employer received notice in writing of the claimrotation.

Appears in 1 contract

Samples: Master Logging Agreement

Grievances. 16.01 All matters pertaining Section 1 It is the intent of the parties to this Agreement that the procedure provided herein for the settlement of grievances shall serve as a means for peaceful settlement of all disputes that may arise between them as to the proper application and or interpretation of any and all of the provisions of this Agreement Agreement. Section 2 Any discussions or conferences with employees which may lead to disciplinary action shall take place with a Xxxxxxx (or the Chief Xxxxxxx) present if the employee requests. Section 3 Grievances are to be presented and considered in accordance with the terms of this Agreement. Section 4 There shall be adjusted no responsibility of the Company to make an adjustment on any grievance unless it is submitted within five (5) working days after the occurrence giving rise to it, or the date when the Union should reasonably have known of the occurrence. Section 5 It is understood that the time limits specified herein may be extended by mutual agreement of the accredited representative Company and the Union. Section 6 Any matters of Allied Employerscontention between an employee(s) or the Union and the Company, Inc.shall be initially discussed between the employee(s) involved, if they wish to be present and to the extent that employees are involved, their Xxxxxxx or, in his absence, the designated replacement, and the accredited appropriate company Manager. If such matter is not resolved at this informal step, the aggrieved party(s) shall proceed as provided below. Section 7 Any employee having a grievance shall file a written grievance through his Xxxxxxx to his Supervisor within the time frames defined above. The grievance form shall set forth a statement of the grievance including the date and approximate time the event occurred which gave rise to the grievance, the details of the event and a summary of the Articles of the Agreement allegedly violated, and the specific remedy or relief requested and shall be signed by the employee or Xxxxxxx. The Supervisor and the Xxxxxxx shall meet within three (3) working days to endeavor to arrive at a satisfactory adjustment of the grievance. The Supervisor shall then provide a written decision within five (5) work days after discussion with the Xxxxxxx. Section 8 If the decision of the Supervisor is not satisfactory, the Chief Xxxxxxx shall appeal the grievance to the Xxxxxxx of the Supervisor’s decision. If such appeal is not filed within the time limits specified herein, the Supervisor’s decision shall be final and there shall be no further recourse. Upon formal appeal as outlined above, the Business Manager shall meet with the Chief Xxxxxxx within seven (7) working days to endeavor to arrive at a satisfactory adjustment of the grievance. The Business Manager shall provide a decision within five (5) working days of the meeting with the Chief Xxxxxxx. Section 9 If the decision of the Business Manager is not satisfactory, the Chief Xxxxxxx shall appeal the grievance to the Program Manager or designee provided such appeal is filed no later than ten (10) working days after receipt by the Chief Xxxxxxx of the Business Manager decision. The Program Manager shall meet with the Chief Xxxxxxx and full time representative of the Union at a mutually agreeable time within thirty (30) calendar days to endeavor to arrive at a satisfactory adjustment of the grievance. The Chief Xxxxxxx shall inform the Program Manager at the time of the appeal of the identity of the full time representative of the Union. In the event The Program Manager shall provide a decision within ten (10) working days of the failure meeting with the Chief Xxxxxxx and full time representative of these the Union. Section 10 Any grievance arising out of interpretation or alleged violation of the terms and conditions of this agreement which has been properly processed according to this grievance procedure and has not been satisfactorily adjusted or settled, may then be appealed to Arbitration as provided in this Agreement, provided such notice of appeal is filed by the Union with the AF Labor Relations Manager no later than thirty (30) work days after receipt by the Chief Xxxxxxx of the decision provided by the Program Manager or the last day on which such decision was due if none is received, whichever is sooner; otherwise, such decision shall be final and there shall be no further recourse. Section 11 All of the steps of this grievance procedure may be waived and the parties may proceed directly to arbitration provided that there is mutual agreement between the parties to reach proceed directly to arbitration. Section 12 A grievance may be filed by an affected employee or Xxxxxxx on behalf of the employee and other similarly affected employees. It is the intent of this section to eliminate the need for multiple filings of a satisfactory adjust­ ment grievance, based on the same set of facts. Section 13 A grievance filed by the Company shall be presented to the Chief Xxxxxxx. The Program Manager or designee and the Chief Xxxxxxx shall meet within seven (7) working days from to endeavor to arrive at a satisfactory adjustment to the date grievance. The Chief Xxxxxxx shall provide a grievance is filed in writing by either party upon decision within five (5) working days of the other, meeting with the matter Program Manager or designee. Section 14 Any decisions not provided within the time frames established shall be referred for final adjustment to a labor relations committee selected considered as follows: Two (2) members from unsatisfactory responses, except where extended by mutual agreement of the Employers Company and two (2) members from the Union. In the event the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairman, and the decisions of this committee shall party claiming to be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply aggrieved may proceed to the specific facts of next step in the issue in disputeGrievance-Arbitration procedure. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Grievances. 16.01 All A grievance under this Agreement is a written dispute, claim or complaint arising under and during the term of this Agreement and filed by an employee in the bargaining unit. Grievances are limited to matters pertaining to the proper of interpretation or application and interpretation of any and all of the express provisions of this Agreement Agreement. The parties, recognizing that an orderly grievance procedure is necessary, agree that each step must be adhered to as set forth herein or the grievance is forfeited. All grievances must be filed within five (5) working days after occurrence of the circumstances giving rise to the grievance or five (5) days from when the grievant should reasonably have known of the occurrence, otherwise the right to file a grievance is forfeited and no grievance shall be adjusted by deemed to exist. Any employee having a complaint shall first take up the accredited representative of Allied Employersmatter with the employee's immediate supervisor. If no satisfactory answer or disposition is received within one (1) working day, Inc.the complaint shall be processed as follows: (a) Step 1. The employee and/or his xxxxxxx shall within three (3) working days after the discussion with the immediate supervisor, reduce the matter to written form stating all facts in detail and submit the accredited representative of same to the UnionUndersheriff. In the event of the failure of these parties to reach a satisfactory adjust­ ment The Undersheriff shall, within seven (7) days from working days, record his disposition on all copies of the date a grievance is filed in writing by either party upon the otherform, the matter shall be referred for final adjustment to a labor relations committee selected as follows: Two (2) members from the Employers and returning two (2) members from copies to the Unionxxxxxxx. (b) Step 2. In Failing to resolve the event grievance in the labor relations committee fails Retail Clerks #1105 - Grocery (King-Snohomish Counties) 15 to reach an agreement within twenty-one (21) days from the date a grievance is filed in writing by either party upon the otherfirst step, the four xxxxxxx shall, within two (42) working days of receipt of the Undersheriff's disposition, take up the matter with the Sheriff or his designated representative. The Sheriff, or his designated representative, shall select a fifth member or they shall request within seven (7) working days of receipt of the Federal Mediation and Conciliation Service to submit a list grievance, record his disposition on all copies of eleven (11) names of qualified arbitrators, from which the labor relations committee shall select a fifth member, who shall be chairmangrievance, and the decisions of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from, or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply return two (2) copies to the specific facts of xxxxxxx. If the issue matter is not satisfactorily settled or adjusted in disputethis step, the xxxxxxx shall then forward the matter to the Union who may then process the grievance to the next step. 16.02 During the process of making adjustments under the rule and procedures set forth in Section 16.01 above, no strike or lockout shall occur. 16.03 No grievance or claim of violation of this Agreement shall be recognized unless presented in writing within ninety (90) days from the date of the occurence causing the complaint or grievance except in cases where report of a grievance has been suppressed through coercion by the Employer. In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the ninety (90) day period immediately preceding the date upon which the Employer received notice in writing of the claim.

Appears in 1 contract

Samples: Collective Bargaining Agreement