Grievances. It is the spirit and intent of this Agreement, as contained in Article 1: Objects, 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 thereof, 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 resolved without stoppage of work in the following manner: (a) The job xxxxxxx or member representative of the Union shall first discuss the difference with the xxxxxxx, 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 must submit the matter complained of, in writing to the other party within thirty (30) days of its occurrence excepting that in the matter of discharge, such grievance 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 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. 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 employees at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the sub-contractor. (b) In the event a grievance involving a question of discharge is not resolved in seven (7) days and a grievance involving other matters is not resolved within twenty (20) days it may, 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) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia 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 render a decision which shall be final and binding. The fees and expenses of the chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.
Appears in 5 contracts
Samples: Standard Pile Driving, Dipper, Clamshell and Related Work Agreement, Standard Pile Driving, Dipper, Clamshell and Related Work Agreement, Standard Pile Driving, Dipper, Clamshell and Related Work Agreement
Grievances. It is A claim or complaint by a bargaining unit member, or group of bargaining unit members, or the spirit and intent Union, stating that there has been a violation, misinterpretation, or misapplication of any provision of this Agreement, or any established practice which is two (2) or more years’ duration, may be processed as contained in Article a grievance as hereinafter provided.
Step 1: Objects, to resolve all employee or Employer grievances promptly and wherever possible, within . In the Industry. If, during the term of this Agreement, there should arise any difference between the parties to event that a unit member or the persons bound by this Agreement concerning interpretationUnion believes that a grievable incident has occurred, application, operation the member or any alleged violation thereof, 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 resolved without stoppage of work in the following manner:
(a) The job xxxxxxx or member representative of the Union shall first discuss the difference request a meeting with the xxxxxxx, superintendentsupervisor involved within five (5) days of the occurrence of such grievable incident, or the Employer, in that order, in an effort to resolve grievant’s knowledge of the matter occurrence. The supervisor will schedule a meeting on the jobgrievance within five (5) days of such request. The supervisor or designee shall answer the complaint or grievance within two (2) days following the meeting. If the difference grievant is not resolved on unsatisfied with the job, answer or the aggrieved party must submit the matter complained of, in writing supervisor fails or refuses to the other party provide such meeting within thirty five (305) days of its occurrence excepting that in the matter of dischargerequest, such grievance must the claim or complaint may be submitted formalized in writing as provided hereunder.
Step 2. A formalized grievance shall be submitted, in writing, within ten (10) days of occurrence, or in every case, the matter meeting between the supervisor and the affected bargaining unit member(s). A copy of the grievance shall be deemed sent to be waived. However, the foregoing time limits will 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. It is intended that Union and 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 employees at any timeimmediate supervisor. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the sub-contractor.
(b) In the event a grievance involving a question of discharge is not resolved in seven (7) days and a grievance involving other matters is not resolved within twenty (20) days it mayimmediate supervisor 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) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon the receipt of the grievance, render a person written decision. A copy of this decision shall be forwarded to act as chairman, but failing to do so 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 this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairman. The Board of Arbitration shall, within ten five (105) days or such extended period as may be mutually agreed by of receipt of the partieswritten grievance, hear the parties and render a decision which grievance shall be final and binding. The fees and expenses transmitted to the superintendent within five (5) days of the chairman receipt of the Board of Arbitration shall be borne equally by the parties to the grievanceStep 2 answer. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within Within seven (7) days after the grievance has been so submitted, the superintendent shall meet with the Union on the grievance. The superintendent, within five (5) days after the conclusion of its receipt in writingthe meeting, then shall render a written decision thereon with copies to the matter shall be deemed to be waivedUnion and the grievant(s).
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. It is 14.1 Employees of the spirit and intent Company shall have the right to a hearing on any differences of this opinion with respect to the interpretation or application of any provisions of the Agreement, as contained in Article 1: Objects, to resolve . An xxxxxxx effort will be made by 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 thereof, or concerning discharge of any employee which may be alleged reach a mutually satisfactory settlement according to be unjust, and including any question as to whether any matter is arbitrable, such difference shall be resolved without stoppage of work in the following mannerprocedure:
(a) The job xxxxxxx Step I. Any employee or member representative group of the Union shall first discuss the difference with the xxxxxxx, superintendent, employees believing himself or the Employer, in that order, in an effort themselves to resolve the matter on the job. If the difference is not resolved on the job, the aggrieved party must submit the matter complained of, in writing to the other party have a grievance may within thirty (30) days of its occurrence excepting the date that in the incident is alleged to have occurred, present the matter of discharge, such grievance must be submitted in writing through the Union’s Xxxxxxx to the immediate supervisor, who in turn shall respond to the grievance within ten five (105) days of occurrence, or in every case, the matter shall be deemed to be waived. However, the foregoing time limits will 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. 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 employees at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the sub-contractorworking days.
(b) Step II. In the event a grievance involving a question of discharge mutually satisfactory decision is not resolved arrived under Step I, above, the employee or an authorized representative shall have the right to appeal in seven writing within thirty (730) days from the start of the time limits in (a), above, to the Telephone Vice President or their designate, with a copy to the Telephone Company’s Director of Human Resources. In the event a satisfactory settlement is not arrived at within fifteen (15) days after written appeal is submitted, either party may appeal in writing to the Review Committee, Step III.
(c) Step III. The Review Committee shall consist of a Company member and a grievance involving other matters is not resolved within Union member. The Review Committee shall have an additional twenty (20) days it mayfrom the conclusion of Step II for a full consideration in an effort to resolve the grievance. If resolved, if mutually agreed, the written decision of the Committee shall be referred in writing final and heard by an Industry Grievance Panel, or if binding.
14.2 Any dispute arising hereunder which is not settled satisfactorily through the parties fail to agree that the foregoing grievance is to procedure may be referred to an Industry Grievance Panel, then each party shall submitted within five (5) working days appoint a member of the end of the time limits in 14.1(c) and at the request of either party to a Board of Arbitration, to be selected in a manner specified hereinafter. The Company and Union agree that the majority decision of such Board shall be final and binding on both parties.
14.3 The Board of Arbitration referred to above shall be comprised of three (3) members; one (1) being appointed by the Telephone Company through its Director, Human Resources, another to be appointed by Union through its Business Manager, and the third (3rd) to be chosen by the two appointees shall (2) so selected.
14.4 In the event the two (2) members selected by the Company and the Union are unable to agree on the selection of the third (3rd) member within five three (53) days of appointment agree upon a person to act as chairman, but failing to do so within this timeafter meeting for that purpose, they shall jointly then request the Minister Federal Mediation and Conciliation Service to nominate three (3) persons from which the third member shall be selected. The Company shall challenge one (1) of Labour those nominees presented; the Union shall likewise challenge one (1). The party having first (1st) challenge shall be decided by lot. The nominee so selected shall become the third (3rd) arbitrator.
14.5 The Board of Arbitration shall conduct a hearing on the matter at issue and both parties shall be allowed to present such evidence and make such argument as they see fit. Either party may call any employee as a witness in any proceeding before the Board of Arbitration, and if the employee is on duty, the Company agrees to release the employee from duty so the employee may appear as a witness. The Union agrees, in case it is necessary to call Company employees as witnesses, that due consideration shall be given to efficient operation of the business. If an employee is called by either party to appear before the Board, the party calling the employee will reimburse the employee for British Columbia all expenses, including time lost. Each party shall bear the expense of preparing and presenting its own case and the expense of its own arbitrator. The expense of the third arbitrator and incidental expenses mutually agreed to appoint such chairmanin advance shall be borne equally by both parties.
(a) Not more than one grievance shall be heard by the Board of Arbitration in a single arbitration hearing except by mutual written agreement between the parties.
(b) The Board of Arbitration shall be limited in their authority to a review and determination of the specific issue submitted to arbitration.
(c) The Board of Arbitration shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of the Agreement or of any amendment made supplementary hereto. The Board of Arbitration shallshall not have jurisdiction to add to, within ten subtract from, modify, or alter any of these terms.
(10d) days or such extended period as may be mutually agreed by the partiesThe Board of Arbitration’s remedy, hear the parties and render a decision which if any, shall be final and bindinglimited to the specific grievance submitted for arbitration. The fees and expenses Board of Arbitration’s determination may or may not be retroactive as the equities of the chairman particular case shall demand, but in any case where the determination is retroactive, the retroactive effect or relief shall be limited to the date the grievance is submitted at Step I of the Board of Arbitration shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waivedgrievance procedure.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. It is the spirit and intent of this Agreement, as contained in Article 1: Objects, 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 thereof, 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 resolved without stoppage of work in the following manner:
(a) The job xxxxxxx or member representative of the Union shall first discuss the difference with the xxxxxxx, 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 must submit the matter complained of, in writing to the other party within thirty (30) days of its occurrence excepting that in the matter of discharge, such grievance 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 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. 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 employees at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the sub-contractor.
(b) In the event a that any grievance involving a question of discharge is not resolved in seven (7) days between the Employer and a grievance involving other matters is not resolved the Union within twenty (20) days days, it may, if mutually agreed, be referred to the Canadian Joint Grievance Panel (C.J.G.P.) in writing and heard by an Industry Grievance Panelthe C.J.G.P. as provided herein, or if the parties fail to agree that the grievance is to be referred to an Industry Grievance Panelthe C.J.G.P., then each party shall within five (5) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairman. The Board of Arbitration shall, within ten (10) days 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 chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In The parties may agree that the event grievance may be heard by a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waivedsingle arbitrator.
Appears in 3 contracts
Samples: Standard Pile Driving and Related Work Agreement, Standard Pile Driving, Dipper, Clamshell and Related Work Agreement, Collective Bargaining Agreement
Grievances. It is the spirit and intent of this Agreement, Agreement as contained in Article 1: Objects, to resolve all employee or Employer grievances promptly and wherever possible, within the Industry. If, If during the term of this Agreement, there should arise any difference between the parties to to, or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereofhereof, 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 resolved without stoppage of work in the following manner:
(a) The job xxxxxxx Job Xxxxxxx or member representative Members' Representative of the Union shall first discuss the difference with the xxxxxxx, superintendent, Xxxxxxx or Superintendent of the Employer, in that order, Employer in an effort to resolve the matter on the job. If the difference is not resolved on the job, the aggrieved party must submit the matter complained of, in writing writing, to the other party within thirty (30) days of its occurrence excepting that in occurrence, except the matter of discharge, such grievance discharge must be submitted in writing within ten (10) days of occurrence, or or, in every case, the matter shall be deemed to be waived. However, the foregoing time limits will not apply where there has been a failure in respect to pay fully amounts due any Employer contributions to funds specified in this Agreementthe Benefits and Pension Fund, or the Operating Engineers’ Apprenticeship and Upgrading Fund, the Operating Engineers’ Advancement Fund, the Operating Engineers’ Mechanics Tool Allowance Fund, the Construction Industry Rehabilitation Fund, and the Union, to remit deductions from 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 Agreement, may be claimed by the employees employee at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the Sub-Contractor for a period of forty (40) days after completion of the sub-contractorcontract.
(b) In the event a that any grievance involving a question of discharge is not resolved in seven (7) days between the Employer and a grievance involving other matters is not resolved the Union within twenty (20) days days, it may, if mutually agreed, be referred to the Canadian Joint Grievance Panel (C.J.G.P.) in writing and heard by an Industry Grievance Panelthe C.J.G.P. as provided herein, or if the parties fail to agree that the grievance is to be referred to an Industry Grievance Panelthe C.J.G.P., then each party shall within five (5) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairman. The Board of Arbitration shall, within ten (10) days 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 chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In The parties may agree that the event grievance may be heard by a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waivedsingle arbitrator.
Appears in 3 contracts
Samples: Road Building Industry Standard Agreement, Road Building Industry Standard Agreement, Collective Bargaining Agreement
Grievances. It is Should any dispute or grievance arise between the spirit Employer and intent the Union or between the Employer and its employees concern ing the application or Interpretation of this AgreementAgree- *ment, as contained in Article 1: Objectsor Involving a disciplinary penalty (Including discharge) which Is alleged to have been Imposed without just cause, to resolve all employee or Employer grievances promptly and wherever possible, within the Industryparties agree that such matter shall be adjusted if possible by negotiation. If, during the term of this Agreement, there should arise any difference If a grievance cannot be resolved through negotiations between the parties to or Employer and the persons bound by this Agreement concerning interpretationUnion, application, operation or any alleged violation thereof, 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 resolved without stoppage of work in the following manner:
(a) The job xxxxxxx or member representative of the Union shall first discuss the difference with the xxxxxxx, 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 must submit the matter complained of, in writing to the other party then within thirty (30) days calendar days, said grievance shall be submitted to a Joint Grievance Committee which shall consist of its occurrence excepting that in four Employer designated representatives and four Union designated repre sentatives. This Joint Grievance Committee shall consider the grievance and shall render a resolution of said grievance by majority vote, which shall be final and binding on the employee, the Employer and the Union. If the Joint Xxxx xxxxx Committee is deadlocked on the matter of the resolu tion of the grievance, then either party may invoke the arbitration provisions as set forth in Section 12.2. Any grievance involving a claim of improper discharge, such grievance suspension or other disciplinary action must be submitted in writing presented within ten fourteen (1014) calendar days of occurrencesuch discharge, suspen sion or in every case, other disciplinary action. All other grievances must be made within thirty (30) calendar days after the matter cause giving rise to the grievance becomes evident. Any grievance that is not filed within these time limits shall be deemed to be waived. However, the foregoing con clusively abandoned or waived unless said time limits will not apply where there has been a failure to pay fully amounts due to funds specified in this Agreement, limit is aban doned or to remit deductions from employees as provided for in this Agreement. It is intended that the failure waived by mutual consent 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 employees at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the sub-contractorparties.
(b) In the event a grievance involving a question of discharge is not resolved in seven (7) days and a grievance involving other matters is not resolved within twenty (20) days it may, 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) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia 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 render a decision which shall be final and binding. The fees and expenses of the chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances. It is the spirit and intent 1. The purpose of this Agreementgrievance procedure is to secure, as contained in Article 1: Objectsat the administrative level closest to the aggrieved party, expeditious solution(s) to resolve all employee the grievance(s) affecting the welfare or Employer grievances promptly and wherever possibleworking conditions of the members of the bargaining unit.
2. A grievance is an alleged violation of the provisions of this contract, or an alleged violation of written Board Policies or Administrative Regulations, that come within the Industryscope of representation, pursuant to Government Code section 3543.2.
3. If, during the term Only violations of this Agreementcontract shall be subject to arbitration. Other employer-employee relation matters including, there should arise any difference between but not limited to those matters for which a specific method of review is provided by law or by Board Policies and Administrative Regulations may, if within the definition of “grievance” in section 2 above, be pursued through the appropriate process as defined below. Actions to develop, challenge, or change the general written policies of the District which are not within the scope of representation must be done under separate legal processes.
4. Any member of the bargaining unit may as an individual or on behalf of other unit members process a grievance through the procedure outlined herein. (Unless waived by all parties concerned, names of all aggrieved parties shall appear on all documents related to a grievance.)
4.1 All parties to or this procedure shall have the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereof, or concerning discharge of any employee which may be alleged right to be unjust, and including represented by a party of his or her choice at any question as to whether any matter is arbitrable, such difference shall be resolved without stoppage of work in the following manner:
(a) The job xxxxxxx or member representative and/or all stages of the Union grievance process.
4.2 A reasonable number of designated Association representatives shall first discuss have the difference right to receive reasonable periods of release time for the investigation and processing of grievances under this article.
4.3 Any bargaining unit member may at any time present grievances to the District and have such grievances adjusted without the intervention of the Association as long as the adjustment is reached prior to the appropriate final level of this grievance process and the adjustment is not inconsistent with the xxxxxxxterms of this contract, superintendent, or provided that the Employer, in that order, in an effort District shall not agree to resolve a resolution of the matter on grievance until the jobAssociation has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.
5. If the difference is not resolved on the job, the aggrieved party must submit the matter complained of, in writing to the other party within thirty (30) days of its occurrence excepting that in the matter of discharge, such grievance 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 The time limits will 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. It is intended that the failure procedure may be changed by mutual agreement of the Employer to make parties. However, any decision not appealed by the requisite contributions to grievant within the time limits above Level I shall be made considered settled on behalf the basis of the employees as provided elsewhere in this Agreement may be claimed by the employees at any time. The Employer shall only remain liable for the Benefits Plan last decision and similar funds as provided for in this Agreement on behalf of the sub-contractornot subject to further appeal.
(b) In the event a grievance involving a question of discharge is not resolved in seven (7) days and a grievance involving other matters is not resolved within twenty (20) days it may, 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) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia 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 render a decision which shall be final and binding. The fees and expenses of the chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.
Appears in 3 contracts
Samples: Mutual Agreement of Trust, Mutual Agreement of Trust, Mutual Agreement of Trust
Grievances. It is the spirit and intent of this Agreement, Agreement as contained in Article 1: Objects, to resolve all employee or Employer grievances promptly and wherever possible, within the Industry. If, If during the term of this Agreement, there should arise any difference between the parties to to, or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereofhereof, 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 resolved without stoppage of work in the following manner:
(a) 16.01 The job xxxxxxx Job Xxxxxxx or member representative Business Representative of the Union shall first discuss the difference with the xxxxxxxForeperson, superintendentSuperintendent, 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 must submit the matter complained of, in writing to the other party within thirty (30) days of its occurrence occurrence, excepting that in the matter of discharge, such grievance 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 where there has been a failure to pay fully amounts due to funds specified in this Agreement, or to remit deductions from employees workers 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 Agreement, may be claimed by the employees employee at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the Sub-Contractor for a period of forty (40) days after completion of this sub-contractor.contract. Crane Rental Agreement May 1, 2019 to April 30, 2023
(b) 16.02 In the event a grievance involving a question of discharge is not resolved in seven (7) calendar days and a grievance involving other matters is not resolved within twenty (20) days calendar days, it may, 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 may be referred to an Industry Grievance Panel, then each party shall within five (5) days appoint a member to a Board of Arbitration. The two appointees Parties agree that a single Arbitrator who is acceptable to both Parties shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairmanbe used. The Board decision of Arbitration shall, within ten (10) days or such extended period as may be mutually agreed by the parties, hear the parties and render a decision which Arbitrator shall be final and binding. The fees and Parties agree all expenses of the chairman of the Board of Arbitration incurred by a single Arbitrator shall be borne paid equally by the parties Parties. Each Party shall pay its own cost of the Arbitration.
16.03 The Union will notify CLR of any grievance filed against any Signatory Contractor that has been advanced to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waivedarbitration.
Appears in 2 contracts
Samples: Crane Rental Agreement, Crane Rental Agreement
Grievances. It is the spirit and intent of this Agreement, as contained in Article 1Clause I: ObjectsOBJECTS, to resolve all employee or Employer grievances promptly and wherever and, whenever possible, within the Industryindustry. If, during the term of this Agreement, there should arise any difference between the parties Parties to or the persons bound by this Agreement concerning the interpretation, application, operation operation, or any alleged violation thereofhereof, or concerning discharge of any an employee which may be alleged to be unjust, and including any question questions as to whether any matter is arbitrable, such difference shall be resolved without stoppage of work in the following manner:
(a1) The job xxxxxxx Job Xxxxxxx or member representative Business Agent of the Union shall first discuss the difference with the xxxxxxx, superintendent, Xxxxxxx or Superintendent of the Employer, in that order, Employer in an effort to resolve the matter on the job. If the difference is not resolved on the job, the aggrieved party must submit the matter complained of, in writing or postmarked, to the other party within thirty (30) days of its occurrence excepting that in occurrence, except the matter of discharge, such grievance discharge must be submitted in writing within ten (10) days of occurrenceoccurrence or, or in every case, the matter shall be deemed to be waived. However, the foregoing time limits will not apply where there has been a failure in respect to pay fully amounts due any Employer contributions to funds specified in this Agreement, or the Health and Welfare Funds to remit deductions from 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 employees at any time. The Employer shall only remain liable for the Benefits Plan Health and Welfare and similar funds as provided for in this Agreement on behalf of the subSub-contractorContractor for a period of forty (40) days after completion of the Sub-Contract.
(b2) In the event a that any grievance involving a question of other than discharge is not resolved in seven (7) days between the Employer and a grievance involving other matters is not resolved the Union within twenty (20) days days, it may, if mutually agreed, be referred in writing and heard by an Industry Grievance Panel, Panel as provided herein or if the parties Parties fail to agree that the grievance is to be referred to an Industry Grievance Panel, then each party Party shall within five (5) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairmanChairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairmanChairman. The Board of Arbitration shall, within ten (10) days days, or such extended period as may be mutually agreed by the partiesParties, hear the parties Parties and render a decision which shall be final and binding. The fees and expenses of the chairman Chairman of the Board of Arbitration shall be borne equally by the parties Parties to the grievance. .
(3) In the event a matter that any grievance involving discharge is not resolved between the Employer and the Union within ten (10) days of discharge has not been receipt of written notice from the aggrieved Party, such grievance shall, within that time, at the request of either Party, be referred in writing to the an Industry Grievance Panel or to an Board of Arbitration Board within seven (7) days of its receipt in writing, then as provided herein or the matter shall be deemed to be waived. (Not applicable to Owner Operators/Dependent Contractors.)
Appears in 2 contracts
Samples: Building Agreement, Building Agreement
Grievances. It is the spirit and intent of this Agreement, as contained in Article 1Clause I: ObjectsOBJECTS, to resolve all employee or Employer grievances promptly and wherever and, whenever possible, within the Industryindustry. If, during the term of this Agreement, there should arise any difference between the parties Parties to or the persons bound by this Agreement concerning the interpretation, application, operation operation, or any alleged violation thereofhereof, or concerning discharge of any an employee which may be alleged to be unjust, and including any question questions as to whether any matter is arbitrable, such difference shall be resolved without stoppage of work in the following manner:
(a1) The job xxxxxxx Job Xxxxxxx or member representative Business Agent of the Union shall first discuss the difference with the xxxxxxx, superintendent, Xxxxxxx or Superintendent of the Employer, in that order, Employer in an effort to resolve the matter on the job. If the difference is not resolved on the job, the aggrieved party must submit the matter complained of, in writing or postmarked, to the other party within thirty (30) days of its occurrence excepting that in occurrence, except the matter of discharge, such grievance discharge must be submitted in writing within ten (10) days of occurrenceoccurrence or, or in every case, the matter shall be deemed to be waived. However, the foregoing time limits will not apply where there has been a failure in respect to pay fully amounts due any Employer contributions to funds specified in this Agreement, or the Health and Welfare Funds to remit deductions from 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 employees at any time. The Employer shall only remain liable for the Benefits Plan Health and Welfare and similar funds as provided for in this Agreement on behalf of the subSub-contractorContractor for a period of forty (40) days after completion of the Sub-Contract.
(b2) In the event a that any grievance involving a question of other than discharge is not resolved in seven (7) days between the Employer and a grievance involving other matters is not resolved the Union within twenty (20) days days, it may, if mutually agreed, be referred in writing and heard by an Industry Grievance Panel, Panel as provided herein or if the parties Parties fail to agree that the grievance is to be referred to an Industry Grievance Panel, then each party Party shall within five (5) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia 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 render a decision which shall be final and binding. The fees and expenses of the chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.five
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Building Agreement
Grievances. It is the spirit and intent of this Agreement, as contained in Article 1: Objects, 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 thereof, 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 resolved without stoppage of work in the following manner:
(a) The job xxxxxxx or member representative of the Union shall first discuss the difference with the xxxxxxx, 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 must submit the matter complained of, in writing to the other party within thirty (30) days of its occurrence excepting that in the matter of discharge, such grievance 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 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. 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 employees at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the sub-contractor.
(b) In the event a that any grievance involving a question of discharge is not resolved in seven (7) days between the Employer and a grievance involving other matters is not resolved the Union within twenty (20) days days, it may, if mutually agreed, be referred to the Canadian Joint Grievance Panel (C.J.G.P.) in writing and heard by an Industry Grievance Panelthe C.J.G.P. as provided herein, or if the parties fail to agree that the grievance is to be referred to an Industry Grievance Panelthe C.J.G.P., then each party shall within five (5) days appoint agree that the grievance will be heard by a member to a Board of Arbitration(mutually agreed to) single arbitrator. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairman. The Board of Arbitration arbitrator shall, within ten (10) days days, or such extended period as may be mutually agreed by the parties, hear the parties and render a decision within 7 days which shall be final and binding. The fees and expenses of the chairman of the Board of Arbitration single arbitrator shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Standard Pile Driving, Dipper, Clamshell and Related Work Agreement
Grievances. It is the spirit and intent of this Agreement, as contained in Article 1: Objects, to resolve all employee or Employer grievances promptly and wherever possible, within the Industry. (a) If, during the term of this Agreement, Agreement there should arise any difference between the parties to to, or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereofhereof, or concerning discharge of any employee which may be alleged to be unjust, unjust and including any question as to whether any matter is arbitrable, such difference shall be resolved without stoppage of work in the following manner:
(ab) The job xxxxxxx Job Xxxxxxx or member representative Business Agent of the Union shall first discuss the difference with the xxxxxxxXxxxxxx, superintendent, 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 must shall submit the matter complained of, in writing writing, to the other party within thirty (30) calendar days of its occurrence occurrence, excepting that in the matter of discharge, such grievance must 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, case the matter shall be deemed to be waived. However, the foregoing time limits will shall not apply where there has been a failure to pay fully amounts due to funds specified in this Agreement, Agreement or to remit deductions from employees as provided for in this Agreement. It is intended that the failure .
(c) Failure of the Employer to make the requisite contributions to be made on behalf of the employees, as provided elsewhere in this Agreement, may result in the Union claiming such amounts on behalf of the employees as provided elsewhere in this Agreement may be claimed by the employees at any time. .
(d) The Employer shall only remain liable for the Benefits Plan Health and Welfare and similar funds as provided for in this Agreement on behalf of the sub-contractorcontractor for a period of forty (40) calendar days after completion of the sub-contract.
(be) 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 mayshall, if mutually agreed, be referred in writing and heard by an Industry Grievance Panel, or if the parties fail to agree that the grievance 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 agree upon a person to act as chairmanChair, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia 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 render a decision which shall be final and binding. The fees and expenses of the chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waivedChair.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievances. It is the spirit and intent of this Agreement, Agreement as contained in Article 1: Objects, to resolve all employee or Employer grievances promptly and wherever possible, within the Industry. If, If during the term of this Agreement, there should arise any difference between the parties to to, or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereofhereof, 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 resolved without stoppage of work in the following manner:
(a) 11.01 The job xxxxxxx Job Xxxxxxx or member representative Business Representative of the Union shall first discuss the difference with the xxxxxxxXxxxxxx, superintendentSuperintendent, 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 must submit the matter complained of, in writing to the other party within thirty (30) days of its occurrence occurrence, excepting that in the matter of discharge, such grievance 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 where there has been a failure to fully pay fully amounts due to funds specified in this Agreement, or to remit deductions from employees workmen 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 Agreement, may be claimed by the employees employee at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the Sub-Contractor for a period of forty (40) days after completion of this sub-contractorcontract.
(b) 11.02 In the event a grievance involving a question of discharge is not resolved in seven (7) calendar days and a grievance involving other matters is not resolved within twenty (20) days calendar days, it may, 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 may be referred to an Industry Grievance Panel, then each party shall within five (5) days appoint a member to a Board of Arbitration. The two appointees Parties agree that a single Arbitrator who is acceptable to both Parties shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairmanbe used. The Board decision of Arbitration shall, within ten (10) days or such extended period as may be mutually agreed by the parties, hear the parties and render a decision which Arbitrator shall be final and binding. The fees and Parties agree that all expenses of the chairman of the Board of Arbitration incurred by a single Arbitrator shall be borne paid equally by the parties to Parties. Each Party shall pay its own cost of the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waivedArbitration.
Appears in 1 contract
Samples: Steel Erection Agreement
Grievances. It is the spirit mutual desire of the Employer and intent the Union that all complaints and grievances shall be adjusted as quickly as possible. All meetings at which grievances are processed shall be held in camera. Employees who are covered by this agreement shall be required to follow the procedures laid down in this Article. A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any member of the Union relating to the interpretation, application or administration of this Agreement, as contained in Article 1: Objects, 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 thereof, or concerning discharge of any employee which may be alleged to be unjust, and including any question as to whether any a matter is arbitrablearbitrable and an allegation that this Agreement has been violated. The Xxxxxxx may, with permission of the appropriate Superintendent, be allowed reasonable time absent from work to investigate formal complaints from the bargaining unit employees and process grievances. The Employer may upon request, allow other elected or appointed Union officers to take time off work for carrying out such difference shall duties of that office as can only reasonably be resolved without stoppage carried out during working hours. In the absence of work in the following manner:
(a) The job xxxxxxx Xxxxxxx, another member of the Grievance Committee or member representative officer of the Union may perform the duties of Xxxxxxx in all stages of the grievance procedure. At each step of the grievance procedure, the shall first discuss have the difference right to be present, without loss of pay. The following procedures shall be adhered to in processing complaints and grievances, save as otherwise provided in this Article, in Article and in Article In the absence of an immediate supervisor, a grievance would be initiated at Step In the event an employee has a complaint shall inform the appropriate supervisor of complaint within and not after ten (1O) working days after the date of the incident giving rise to the complaint and request a meeting with such supervisor. The employee shall clearly indicate that the xxxxxxxmeeting requested is in reference to a complaint which might proceed to grievance. Such meeting shall take place within (5) working days of the request. The employee shall have the right to be accompanied by Xxxxxxx. STEP If a resolution is not reached within five (5) working days of the date of the Step meeting, superintendent, the employee or the EmployerUnion may, in that orderwithin and not after five (5) working days of the date of the Step meeting, in an effort to resolve the matter on the job. If the difference is not resolved on the job, the aggrieved party must submit the matter complained of, grievance in writing to the other party appropriate Superintendent of Human Resources. The grievance shall contain a concise statement of the complaint and the redress sought and shall be signed by the employee and the Xxxxxxx. The Superintendent of Human Resources shall render a decision in writing within five (5) working days of the date upon which the grievance was taken up with STEP If the grievance is not resolved at Step the Union may, within and not after five (5) working days of the date of receiving the Step decision, (or if no decision is received, then within five (5) working days after such decision ought to have been given), request a meeting with the Director. Such meeting shall take place within five (5) working days after the meeting with the Director, the Union may, within and not after thirty (30) calendar days after the date of receiving the decision of the Director (or if no decision is received from the Director then, within thirty (30) days of its occurrence excepting that in the matter of discharge, after such grievance must be submitted in writing within ten (10decision ought to have been given) days of occurrence, or in every case, the matter shall be deemed to be waived. However, the foregoing time limits will 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. 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 employees at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the sub-contractor.
(b) In the event a grievance involving a question of discharge is not resolved in seven (7) days and a grievance involving other matters is not resolved within twenty (20) days it may, if mutually agreed, be referred in writing and heard by an Industry Grievance Panel, or if the parties fail to agree that refer the grievance is to be referred to an Industry Grievance Panel, then each party shall within five (5) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia 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 render a decision which shall be final and binding. The fees and expenses of the chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.arbitration under Article
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievances. It Should any dispute or grievance arise between the Company and its employees relating to this Agreement or should an employee feel that he has been unjustly dealt with by the Company, there shall be no suspension of work on account of such dispute and the dispute or grievance shall resolved in the following manner: Step Any grievance, whether affecting one or more employees, shall be submitted, in writing on a standard grievance form which is the spirit attached hereto and intent made part of this Agreement, as contained to the branch xxxxxxx within five working days of the of the act causing grievance. The branch xxxxxxx will give his decision to the Association within two working days of receipt of the grievance, excluding holidays and days off. Step Failing a satisfactory solution of the grievance in Article 1: ObjectsStep a member of the Association Executive shall submit the grievance to the branch manager within two working days of receipt of the reply in Step The branch manager will make known his decision within seven working days of receipt of the grievance, excluding holidays and days Step Failing a satisfactory solution of the grievance in Step either party may submit the dispute to resolve all employee or Employer grievances promptly and wherever possible, arbitration within twenty-one calendar days of receipt of the Industry. If, during decision of the term of this Agreement, there should arise any difference between branch manager in Step In the parties event that either party to or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereof, or concerning discharge of any employee which may be alleged grievance fails to be unjust, and including any question as to whether any matter is arbitrable, such difference shall be resolved without stoppage of work process the grievance in the following manner:
(a) The job xxxxxxx or member representative times stipulated in any of the Union shall first discuss the difference with the xxxxxxxsteps outlined above, 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 this party must submit the matter complained of, in writing to the other party within thirty (30) days of its occurrence excepting that in the matter of discharge, such grievance must be submitted in writing within ten (10) days of occurrence, or in every case, the matter shall be deemed to have conceded the dispute to the other party. If at any step in dealing with a dispute or grievance, an agreement is reached, a note or memorandum in writing of the agreement reached shall be waivedmade and signed by the representative of the Company and by the employee or employees as well as by the representatives (if any) of the Association who were present at the time when the agreement was reached. HoweverAny agreement so reached shall be and binding on all concerned in connection with the dispute or grievance. Time spent by an Association representative during his regular, scheduled working shift with Company officials in the foregoing processing of any grievance under this Agreement shall be considered as time worked and shall be paid for at the employee’s regular rate of pay as herein provided. All steps and time limits will not apply where there has been a failure to pay fully amounts due to funds specified as set out in this Agreement, or to remit deductions from 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 employees at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the sub-contractor.
(b) In the event a grievance involving a question of discharge is not resolved in seven (7) days and a grievance involving other matters is not resolved within twenty (20) days it may, 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) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request procedure and the Minister of Labour for British Columbia 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 render a decision which subsequent arbitration procedure shall be final considered directory and binding. The fees and expenses of the chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waivedmandatory.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievances. It is the spirit and intent of this Agreement, Agreement as contained in Article 1: Objects, to resolve all employee or Employer grievances promptly and wherever possible, within the Industry. If, If during the term of this Agreement, there should arise any difference between the parties to to, or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereofhereof, 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 resolved without stoppage of work in the following manner:
(a) 11.01 The job xxxxxxx Job Xxxxxxx or member representative Business Representative of the Union shall first discuss the difference with the xxxxxxxForeperson, superintendentSuperintendent, 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 must submit the matter complained of, in writing to the other party within thirty (30) days of its occurrence occurrence, excepting that in the matter of discharge, such grievance 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 where there has been a failure to fully pay fully amounts due to funds specified in this Agreement, or to remit deductions from employees workers 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 Agreement, may be claimed by the employees employee at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the Sub-Contractor for a period of forty (40) days after completion of the sub-contractorcontract.
(b) 11.02 In the event a grievance involving a question of discharge is not resolved in seven (7) calendar days and a grievance involving other matters is not resolved within twenty (20) days calendar days, it may, 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 may be referred to an Industry Grievance Panel, then each party shall within five (5) days appoint a member to a Board of Arbitration. The two appointees Parties agree that a single Arbitrator who is acceptable to both Parties shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairmanbe used. The Board decision of Arbitration shall, within ten (10) days or such extended period as may be mutually agreed by the parties, hear the parties and render a decision which Arbitrator shall be final and binding. The fees and Parties agree all expenses of incurred by the chairman of the Board of Arbitration Arbitrator shall be borne paid equally by the parties to Parties. Each Party shall pay its own cost of the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waivedArbitration.
Appears in 1 contract
Samples: Steel Erection Agreement
Grievances. It is (a) Any complaint, disagreement, or difference of opinion between the spirit Company and intent the Union or the employees covered by the Agreement which concerns the interpretations, application, operation, or alleged violation of the terms and provisions of this Agreement, shall be considered as contained a grievance.
(b) An employee who has a complaint or a grievance will ordinarily discuss the matter with his immediate Superior and if the matter is not resolved in Article 1: Objectsthat discussion, he/she may refer the question to resolve all his/her Xxxxxxx for consideration. However, should the nature of the complaint or grievance be such that the 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 prefers to or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereof, or concerning discharge of any employee which may be alleged refer it to be unjusthis/her Xxxxxxx and/or Union Representative first, and including any question as to whether any matter is arbitrable, such difference shall be resolved without stoppage of work in the following manner:then he/she may do so.
(ac) The job xxxxxxx or member representative of Any employee, the Union shall first discuss the difference with the xxxxxxx, superintendentUnion, or the Employer, in that order, in an effort to resolve the matter on the jobCompany may present a grievance. If the difference Any grievance which is not resolved on presented within fourteen (14) days following the job, event giving rise to such grievance (except by errors in respect to the aggrieved party employee’s compensation which must submit the matter complained of, be presented in writing to the other party within thirty fourteen (3014) days of its occurrence excepting that in the matter employee becoming aware of dischargethe event giving rise to such grievance), such grievance must be submitted in writing or within ten (10) days of occurrencethe last day worked in the case of a dismissal, or in every case, the matter shall be deemed to be waived. However, the foregoing time limits will 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. 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 forfeited and waived by the employees at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the sub-contractoraggrieved party.
(bd) In All grievances, except those submitted by the event a grievance involving a question of discharge is not resolved in seven (7) days and a grievance involving other matters is not resolved within twenty (20) days it mayemployee to his/her immediate Superior or to the Union, if mutually agreed, shall be referred submitted in writing and heard shall set forth, clearly, the issues and contentions of the aggrieved 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 Industry Grievance Panel, or if employee shall be as follows: 1st Step: By a discussion between the parties fail to agree that employee and the grievance is to Union Xxxxxxx and employee’s immediate Superior and/or Manager. If a satisfactory settlement cannot be referred to an Industry Grievance Panel, then each party shall reached within five (5) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairmandays, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairman. The Board of Arbitration shall, then within ten (10) days or such extended period as days: 2nd Step: The Union Representative(s) may be mutually agreed take up the matter with the Company’s official designated by the parties, hear the parties and render Company to handle labour relations matters. If a decision which shall satisfactory settlement cannot be final and binding. The fees and expenses of the chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.reached within
Appears in 1 contract
Samples: Collective Agreement
Grievances. It is the spirit and intent of this Agreement, as contained in Article 1: Objects, to resolve all employee or Employer grievances promptly and wherever possible, within the Industry. (a) If, during the term of this Agreement, Agreement there should arise any difference between the parties to to, or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereofhereof, or concerning discharge of any employee which may be alleged to be unjust, unjust and including any question as to whether any matter is arbitrable, such difference shall be resolved without stoppage of work in the following manner:
(ab) The job xxxxxxx Job Xxxxxxx or member representative Business Agent of the Union shall first discuss the difference with the xxxxxxxXxxxxxx, superintendent, 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 must shall submit the matter complained of, in writing writing, to the other party within thirty (30) calendar days of its occurrence occurrence, excepting that in the matter of discharge, such grievance must 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, case the matter shall be deemed to be waived. However, the foregoing time limits will shall not apply where there has been a failure to pay fully amounts due to funds specified in this Agreement, Agreement or to remit deductions from employees as provided for in this Agreement. It is intended that the failure .
(c) Failure of the Employer to make the requisite contributions to be made on behalf of the employees, as provided elsewhere in this Agreement, may result in the Union claiming such amounts on behalf of the employees as provided elsewhere in this Agreement may be claimed by the employees at any time. .
(d) The Employer shall only remain liable for the Benefits Plan Health and Welfare and similar funds as provided for in this Agreement on behalf of the sub-contractorcontractor for a period of forty (40) calendar days after completion of the sub-contract.
(be) 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 mayshall, if mutually agreed, be referred in writing and heard by an Industry Grievance Panel, or if the parties fail to agree that the grievance 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 agree upon a person to act as chairmanChair, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairman. 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 chairman Chair of the Board of Arbitration shall be borne equally by the parties to the grievance. In Where mutually agreed, the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.three
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievances. It is the spirit and intent of this Agreement, Agreement as contained in Article 1: Objects, to resolve all employee or Employer grievances promptly and wherever possible, within the Industry. If, If during the term of this Agreement, there should arise any difference between the parties to to, or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereofhereof, 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 resolved without stoppage of work in the following manner:
(a) 1. The job xxxxxxx Job Xxxxxxx or member representative Members' Representative of the Union shall first discuss the difference with the xxxxxxxXxxxxxx, superintendentSuperintendent, 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 must submit the matter complained of, in writing to the other party within thirty (30) days of its occurrence occurrence, excepting that in the matter of discharge, such grievance 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 where there has been a failure to pay fully amounts due to funds specified in this Agreement, or to remit deductions from employees workmen 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 Agreement, may be claimed by the employees employee at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the Sub-Contractor for a period of forty (40) days after completion of this sub-contractorcontract.
(b) 2. In the event a grievance involving a question of discharge is not resolved in seven (7) days and a grievance involving other matters is not resolved within twenty (20) days it may, if mutually agreed, be referred in writing and heard by an Industry Grievance Panel, or of 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) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia 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 render a decision which shall be final and binding. The fees and expenses of the chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.
Appears in 1 contract
Samples: Heavy Construction Agreement
Grievances. It is the spirit and intent of this Agreement, Agreement as contained in Article 1: Objects, to resolve all employee or Employer grievances promptly and wherever possible, within the Industry. If, If during the term of this Agreement, there should arise any difference between the parties to to, or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereofhereof, 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 resolved without stoppage of work in the following manner:
(a) 16.01 The job xxxxxxx Job Xxxxxxx or member representative Business Representative of the Union shall first discuss the difference with the xxxxxxxXxxxxxx, superintendentSuperintendent, 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 must submit the matter complained of, in writing to the other party within thirty (30) days of its occurrence occurrence, excepting that in the matter of discharge, such grievance 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 where there has been a failure to pay fully amounts due to funds specified in this Agreement, or to remit deductions from employees workers 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 Agreement, may be claimed by the employees employee at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the Sub-Contractor for a period of forty (40) days after completion of this sub-contractor.contract. Crane Rental Agreement May 1, 2016 to April 30, 2019
(b) 16.02 In the event a grievance involving a question of discharge is not resolved in seven (7) calendar days and a grievance involving other matters is not resolved within twenty (20) days calendar days, it may, 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 may be referred to an Industry Grievance Panel, then each party shall within five (5) days appoint a member to a Board of Arbitration. The two appointees Parties agree that a single Arbitrator who is acceptable to both Parties shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairmanbe used. The Board decision of Arbitration shall, within ten (10) days or such extended period as may be mutually agreed by the parties, hear the parties and render a decision which Arbitrator shall be final and binding. The fees and Parties agree all expenses of the chairman of the Board of Arbitration incurred by a single Arbitrator shall be borne paid equally by the parties to Parties. Each Party shall pay its own cost of the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waivedArbitration.
Appears in 1 contract
Samples: Crane Rental Agreement
Grievances. It is the spirit and intent of this Agreement, Agreement as contained in Article 1: Objects, to resolve all employee or Employer grievances promptly and wherever possible, within the Industry. If, If during the term of this Agreement, there should arise any difference between the parties to to, or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereofhereof, 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 resolved without stoppage of work in the following manner:
(a) The job xxxxxxx Job Xxxxxxx or member representative Business Representative of the Union shall first discuss the difference with the xxxxxxx, superintendent, Xxxxxxx or Superintendent of the Employer, in that order, Employer in an effort to resolve the matter on the job. If the difference is not resolved on the job, the aggrieved party must submit the matter complained of, in writing writing, to the other party within thirty (30) days of its occurrence excepting that in occurrence, except the matter of discharge, such grievance discharge must be submitted in writing within ten (10) days of occurrence, or or, in every case, the matter shall be deemed to be waived. However, the foregoing time limits will not apply where there has been a failure in respect to pay fully amounts due any Employer contributions to funds specified in this Agreementthe Benefits and Pension Fund, or the Operating Engineers’ Apprenticeship and Upgrading Fund, the Operating Engineers’ Advancement Fund, the Operating Engineers’ Mechanics Tool Allowance Fund, the Construction Industry Rehabilitation Fund, and the Union, to remit deductions from 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 Agreement, may be claimed by the employees employee at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the Sub-Contractor for a period of forty (40) days after completion of the sub-contractorcontract.
(b) In the event a that any grievance involving a question of discharge is not resolved in seven (7) days between the Employer and a grievance involving other matters is not resolved the Union within twenty (20) days days, it may, if mutually agreed, be referred to the Canadian Joint Grievance Panel (C.J.G.P.) in writing and heard by an Industry Grievance Panelthe C.J.G.P. as provided herein, or if the parties fail to agree that the grievance is to be referred to an Industry Grievance Panelthe C.J.G.P., then each party shall within five (5) days appoint agree that the grievance will be heard by a member to a Board of Arbitrationsingle Arbitrator. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairman. The Board of Arbitration Arbitrator shall, within ten (10) days days, or such extended period as may be mutually agreed by the parties, hear the parties and render a decision within seven (7) days which shall be final and binding. The fees and expenses of the chairman of the Board of Arbitration Arbitrator shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.
Appears in 1 contract
Grievances. It is the spirit and intent of this Agreement, as contained in Article 1: Objects, to resolve all employee or Employer grievances promptly and wherever possible, within the Industry. (a) If, during the term of this Agreement, Agreement there should arise any difference between the parties to to, or the persons bound by this Agreement concerning interpretation, application, operation or any alleged violation thereofhereof, or concerning discharge of any employee which may be alleged to be unjust, unjust and including any question as to whether any matter is arbitrable, such difference shall be resolved without stoppage of work in the following manner:
(ab) The job xxxxxxx Job Xxxxxxx or member representative Business Agent of the Union shall first discuss the difference with the xxxxxxxXxxxxxx, superintendent, 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 must shall submit the matter complained of, in writing writing, to the other party within thirty (30) calendar days of its occurrence occurrence, excepting that in the matter of discharge, such grievance must 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, case the matter shall be deemed to be waived. However, the foregoing time limits will shall not apply where there has been a failure to pay fully amounts due to funds specified in this Agreement, Agreement or to remit deductions from employees as provided for in this Agreement. It is intended that the failure .
(c) Failure of the Employer to make the requisite contributions to be made on behalf of the employees, as provided elsewhere in this Agreement, may result in the Union claiming such amounts on behalf of the employees as provided elsewhere in this Agreement may be claimed by the employees at any time. .
(d) The Employer shall only remain liable for the Benefits Plan Health and Welfare and similar funds as provided for in this Agreement on behalf of the sub-contractorcontractor for a period of forty (40) calendar days after completion of the sub-contract.
(be) 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 mayshall, if mutually agreed, be referred in writing and heard by an Industry Grievance Panel, or if the parties fail to agree that the grievance 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 agree upon a person to act as chairmanChair, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia to appoint such chairman. 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 chairman Chair of the Board of Arbitration Teamsters Union Local 213 Agreement May 1, 2016 to April 30, 2019 shall be borne equally by the parties to the grievance. In Where mutually agreed, the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.three
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievances. Any employee having a problem concerning their individual rate of pay, wages, hours of employ- ment, or other conditions of employment, may make such problem the subject matter of a griev- ance. All grievances may be processed as hereinaf- ter provided through Section 5 of this Article, but only those grievances involving the interpretation or application of this Agreement as provided in Section 6 of this Article may be referred to arbitra- tion. The parties recognize the desirability of early reso- lution of employee grievances and the value of thorough discussion in the grievance resolution process. Accordingly, employees may take up with their supervisor any situation which may result in a grievance. If the problem is not resolved, it may be taken up with the appropriate next level of manage- ment by the Shop Xxxxxxx. If the matter is not re- solved, it may be reduced to writing in the form of a written grievance, delivered to the Xxxxxxx and processed in accordance with Step I of the griev- ance procedure. Although discussion of the prob- lem is an essential component of the grievance res- olution process and is encouraged, each grievance must be considered on its merit. Failure to discuss a grievance with supervision will not be the basis of denying any claimed agreement violation. It is the desire of the Union and the Company that employee grievances be settled as quickly as possi- ble, at the lowest possible step of the grievance procedure, and that settlements are consistent with the spirit and intent of this Agreement. The parties also recognize that honest resolution of grievances is dependent on early and truthful disclosure of the facts of the case. To facilitate this process, as contained settle- ments made at Step 1 and Step 2 shall be non- precedential in Article 1: Objects, nature. The Company shall not confer with an employee with respect to resolve all employee or Employer grievances promptly a written grievance filed by the em- ployee unless the employee’s Xxxxxxx has been notified 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 thereof, or concerning discharge of any employee which may be alleged given an opportunity to be unjust, and including any question as to whether any matter is arbitrable, such difference shall be resolved without stoppage of work in the following manner:
(a) The job xxxxxxx or member representative present. Failure of the Union to proceed within any time limit set forth in the procedure, hereinafter stated, shall first discuss constitute a waiver of the difference with the xxxxxxx, superintendent, or the Employer, in that order, grievance unless such time limit has been mutually extended. If a retroactive adjustment is involved in an effort to resolve the matter on the job. If the difference is em- ployee’s grievance based upon a change in his job classification, such retroactivity shall not resolved on the job, the aggrieved party must submit the matter complained of, in writing to the other party within exceed thirty (30) calendar days prior to the date the em- ployee’s written grievance was presented, unless extended by mutual agreement of its occurrence excepting that the Company and the Union. Failure of the Company to act within the time limit set forth in any Step shall entitle the Union to pro- ceed to the next Step. In a particular case, any time limit specified hereinafter may be extended by mu- tual agreement in writing between the Company and the Union. Employee grievances shall not be filed in the matter of discharge, such grievance 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 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. 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 employees at any time. The Employer shall only remain liable for the Benefits Plan and similar funds as provided for in this Agreement on behalf of the sub-contractorem- ployee’s personnel folder.
(b) In the event a grievance involving a question of discharge is not resolved in seven (7) days and a grievance involving other matters is not resolved within twenty (20) days it may, 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) days appoint a member to a Board of Arbitration. The two appointees shall within five (5) days of appointment agree upon a person to act as chairman, but failing to do so within this time, they shall jointly request the Minister of Labour for British Columbia 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 render a decision which shall be final and binding. The fees and expenses of the chairman of the Board of Arbitration shall be borne equally by the parties to the grievance. In the event a matter of discharge has not been referred to the Industry Grievance Panel or to an Arbitration Board within seven (7) days of its receipt in writing, then the matter shall be deemed to be waived.
Appears in 1 contract
Samples: Collective Bargaining Agreement