Common use of Industry Grievance Panel Clause in Contracts

Industry Grievance Panel. An Industry Grievance Panel shall be drawn from representatives of the Unionized Construction Industry and shall be composed of at least four (4) members and not more than six (6) members. Appointment of panel members shall be made from among those persons who are officers of the participating Unions, and those persons who are Directors of the participating Associations. In no case and at no time shall representatives of the Union, or the Employer involved in the dispute, be appointed to a Panel. In all proceedings of the Panel, the Union and the Associations shall have equal representation and voting rights. Construction Labour Relations Association of British Columbia shall, when requested to do so by the Employer, have the right to represent such Employer on all matters relating to labour relations which may come before the Grievance Panel. The Industry Grievance Panel shall meet and endeavour to render a decision within five (5) days of receipt of the grievance in writing. In the event that the Panel cannot arrive at a decision to the disposition of the grievance within such time, or either party to the grievance is unwilling to accept the decision, the Panel shall add to its numbers by the selection of a chairman with voting rights, from a pre-determined list of persons mutually agreed upon by the parties hereto to act as such. Should one of those persons fail to be appointed, or none be able to act, the Minister of Labour of British Columbia shall be requested to appoint a chairman. The Panel, with the chairman added, shall meet and hear evidence and shall have all rights, powers, duties and authorities given to a Board of Arbitration by virtue of the Arbitration Act, R.S.B.C. 1960, Chapter 14 and shall render its decision within ten (10) days of receipt of the grievance in writing, and its decision shall be final and binding on the parties to the grievance. Any and all grievances referred to an Industry Grievance Panel as provided herein shall be resolved by a majority decision of the Panel. A decision of the Panel in matters concerning discharge may include an award of damages or compensation or an order of reinstatement of employment, or any or all of the foregoing as it deems just and equitable. The fees and expenses of the Grievance Panel Chairman, where one is required, shall be borne equally by the parties to the grievance. If for any reason the Industry Grievance Panel ceases to exist or refuses to act in any grievance referred to it by a party or person bound by this Agreement, such grievance shall instead be dealt with by a Board of Arbitration as provided for herein. The services of an Industry Grievance Panel as constituted herein shall be available to active Employer members of the Association, and any Employer bound by this Agreement in the Construction Industry within the Province of British Columbia.

Appears in 5 contracts

Samples: Pile Driving Industry Agreement, www.lrb.bc.ca, www.lrb.bc.ca

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Industry Grievance Panel. An Industry Grievance Panel shall be drawn from representatives of the Unionized Construction Industry Unions Resolutions Board as set out in this Agreement and shall be composed of at least four (4) members and not more than six (6) members. Appointment of panel Panel members shall be made from among those persons who are appointed representatives to the Resolutions Board or from among those persons who are officers of the participating Unions, Unions and those persons who are Directors of the participating Associations. In no case and at no time shall representatives of the Union, Union or the Employer involved in the dispute, dispute be appointed to a Panel. In all proceedings of the Panel, the Union and the Associations shall have equal representation and voting rights. Construction Labour Relations Association of British Columbia B.C. shall, when requested to do so by the Employer, have the right to represent such Employer on all matters relating to labour relations which may come before the Grievance Panel. The Industry Grievance Panel shall meet and endeavour to render a decision within five (5) days of receipt of the grievance in writing. In the event that the Panel cannot arrive at a decision as to the disposition of the grievance within such time, or either party Party to the grievance is unwilling to accept the decision, the Panel shall add to its numbers by the selection of a chairman Chairman, with voting rights, from a pre-determined predetermined list of persons mutually agreed upon by the parties Parties hereto to act as such. Should one of those these persons fail to be appointed, appointed or none be able to act, the Minister of Labour of British Columbia shall be requested to appoint a chairmanChairman. The Panel, with the chairman Chairman added, shall meet and hear evidence and shall have all rights, powers, duties duties, and authorities given to a Board of Arbitration by virtue of the Arbitration ActAct R.S.B.C., R.S.B.C. 1960, Chapter 14 14, and shall render its decision within ten (10) days of receipt of the grievance in writing, writing and its decision shall be final and binding on the parties Parties to the grievanceGrievance. Any and all grievances referred to an Industry Grievance Panel Panel, as provided herein herein, shall be resolved by a majority decision of the Panel. A decision of the Panel in matters concerning discharge may include an award of damages or compensation or an order of reinstatement of employment, or any or all of the foregoing as it deems just and equitable. The fees and expenses of the Grievance Panel Chairman, where one is required, shall be borne equally by the parties Parties to the grievanceGrievance. If for any reason the Industry Grievance Panel ceases to exist or refuses to act in any grievance referred to it by a party or person bound by this Agreement, such grievance grievances shall instead be dealt with by a Board of Arbitration as provided for herein. The services of an Industry Grievance Panel Panel, as constituted herein herein, shall be available to active Active Employer members of the Association, Council of Unionized Road Builders and any Employer bound by this Agreement in the Construction Industry within the Province of British Columbia. Unions participating in the Resolutions Board and Active Employers shall each be required to pay a registration fee of one hundred dollars ($100.00) with the referral of each grievance to an Industry Grievance Panel. The registration fee previously referred to may be adjusted upon approval of the Construction Unions Resolution Board. Written notices of all grievances to be referred to a Grievance Panel and payment of all registration fees shall be made to the Construction Unions Resolutions Board, which shall allocate disbursement of registration fees to assist in the defrayal of expenses of Grievance Panel as that body shall decide. The specified time limits in this Clause shall be strictly construed and may be extended only with the mutual consent of the Parties to the grievance. The time limits shall be exclusive of Saturdays, Sundays and General Holidays.

Appears in 3 contracts

Samples: Road Building Agreement, Road Building Agreement, Road Building Agreement

Industry Grievance Panel. An Industry Grievance Panel shall be drawn from representatives of the Unionized Construction Industry Unions Resolution Board as set out in Clause 14 of this Agreement and shall be composed of at least four (4) members and not more than six (6) members. Appointment of panel Panel members shall be made from among those persons who are appointed representatives to the Resolutions Board or from among those persons who are officers of the participating Unions, Unions and those persons who are Directors directors of the participating AssociationsEmployers. In no case and at no time shall representatives of the Union, Union or the Employer involved in the dispute, dispute be appointed to a Panel. In all proceedings of the Panel, the Union and the Associations Employer shall have equal representation and voting rights. Construction Labour Relations Association of British Columbia shall, when requested to do so by the Employer, have the right to represent such Employer on all matters relating to labour relations which may come before the Grievance Panel. The Industry Grievance Panel shall meet and endeavour to render a decision within five (5) days of receipt of the grievance in writing. In the event that the Panel cannot arrive at a decision as to the disposition of the grievance within such time, or either party Party to the grievance is in unwilling to accept the decision, the Panel shall add to its this numbers by the selection of a chairman Chairman, with voting rights, from a pre-determined predetermined list of persons mutually agreed upon by the parties Parties hereto to act as such. Should one of those these persons fail to be appointed, appointed or none be able to act, the Minister of Labour of British Columbia shall be requested to appoint a chairmanChairman. The Panel, with the chairman Chairman added, shall meet and hear evidence and shall have all rights, powers, duties and authorities given to a Board of Arbitration by virtue of the Arbitration ActAct R.S.B.C., R.S.B.C. 1960, Chapter 14 and shall render its decision within ten (10) days of receipt of the grievance in writing, writing and its decision shall be final and binding on the parties Parties to the grievance. Any and all grievances referred to an Industry Grievance Panel as provided herein shall be resolved by a majority decision of the Panel. A decision of the Panel in matters concerning discharge may include an award of damages or compensation or an order of reinstatement of employment, or any or all of the foregoing as it deems just and equitable. The fees and expenses of the Grievance Panel Chairman, where one is required, shall be borne equally by the parties to the grievance. If for any reason the Industry Grievance Panel ceases to exist or refuses to act in any grievance referred to it by a party or person bound by this Agreement, such grievance shall instead be dealt with by a Board of Arbitration as provided for herein. The services of an Industry Grievance Panel as constituted herein shall be available to active Employer members of the Association, and any Employer bound by this Agreement in the Construction Industry within the Province of British Columbia.one

Appears in 1 contract

Samples: Memorandum of Agreement

Industry Grievance Panel. An E. Where the parties agree to refer the matter to a Pipeline Industry Grievance Panel, such Panel shall be drawn from among the regular and alternate of the Canadian Pipeline Advisory Council or their designated substitutes. The Chairman of the Advisory Council shall appoint two representatives of the Unionized Construction Industry par- Unions and the Chairman of the National Labour Relations Committee shall be composed of at least four (4) members and not more than six (6) members. Appointment of panel members shall be made from among those persons who are officers appoint two repre- sentatives of the participating UnionsAssociation Members to serve on the Panel, and those persons who are Directors of the participating Associationssuch appointment to be made within forty-eight hours. In no case and at no time shall representatives of the Union, Union or the Employer involved in the dispute, grievance be appointed to a Panel. In all proceedings of the Panel, the Union and the Associations shall have equal representation and voting rights. Construction Labour Relations Association of British Columbia shall, when requested to do so by the Employer, have the right to represent such Employer on all matters relating to labour relations which may come before the Grievance Panel. The Pipeline Industry Grievance Panel shall meet and endeavour to render a decision within five (5) days of receipt appointment. A unanimous decision of the grievance in writingPanel shall be final and binding. In the event that the parties do not agree to the Panel cannot procedure or the Panel arrives at a majority deci- sion which either party to the dispute is unwilling to accept, or the Panel is unable to arrive at a decision within the prescribed time limits, the matter shall be referred, within forty-eight hours, to an Arbitrator selected by the Employer and the Union. If no Arbitrator can be agreed upon within forty-eight hours, then application shall be made to the disposition appropriate governmental authority over labour matters for the appointment of an Arbitrator. The Arbitrator shall render his decision within fourteen days, however, this time limit may be extended by mutual consent. The decision of the grievance within such time, or either party to the grievance is unwilling to accept the decision, the Panel shall add to its numbers by the selection of a chairman with voting rights, from a pre-determined list of persons mutually agreed upon by the parties hereto to act as such. Should one of those persons fail to be appointed, or none be able to act, the Minister of Labour of British Columbia shall be requested to appoint a chairman. The Panel, with the chairman added, shall meet and hear evidence and shall have all rights, powers, duties and authorities given to a Board of Arbitration by virtue of the Arbitration Act, R.S.B.C. 1960, Chapter 14 and shall render its decision within ten (10) days of receipt of the grievance in writing, and its decision Arbitrator shall be final and binding on binding. The Arbitrator shall have the parties right to the grievance. Any and all grievances determine whether any matter referred to him is arbitrable. He shall also have the authority to award compensation or any other relief he deems advisable to an Industry Grievance Panel as provided herein employee. He shall not alter, amend or change the terms of this Agreement. Each party shall equally share the expense of the Arbitrator. Pending settlement of any grievance, it is agreed that the work shall be resolved by a majority decision of the Panelprosecuted without slowdown, work stoppage or lockout. A decision of the Panel in matters concerning discharge may include an award of damages or compensation or an order of reinstatement of employment, or any or all of the foregoing as it deems just and equitable. The fees and expenses of the Grievance Panel Chairman, where one is required, shall be borne equally by the parties to the grievance. If for any reason the Industry Grievance Panel ceases to exist or refuses to act in any grievance referred to it by a party or person bound by this Agreement, such grievance shall instead be dealt with by a Board of Arbitration as provided for herein. The services of an Industry Grievance Panel as constituted herein shall be available to active Employer members of the Association, and any Employer bound by this Agreement in the Construction Industry within the Province of British Columbia.ARTICLE

Appears in 1 contract

Samples: Agreement

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Industry Grievance Panel. An Industry Grievance Panel shall be drawn from representatives of the Unionized Construction Industry Unions Resolutions Board as set out in this Agreement and shall be composed of at least four (4) members and not more than six (6) members. Appointment of panel Panel members shall be made from among those persons who are appointed representatives to the Resolutions Board or from among those persons who are officers of the participating Unions, Unions and those persons who are Directors of the participating Associations. In no case and at no time shall representatives of the Union, Union or the Employer involved in the dispute, dispute be appointed to a Panel. In all proceedings of the Panel, the Union and the Associations shall have equal representation and voting rights. The Construction Labour Relations Association of British Columbia B.C. shall, when requested to do so by the Employer, have the right to represent such Employer on all matters relating to labour relations which may come before the Grievance Panel. The Industry Grievance Panel shall meet and endeavour to render a decision within five (5) days of receipt of the grievance in writing. In the event that the Panel cannot arrive at a decision as to the disposition of the grievance within such time, or either party Party to the grievance is unwilling to accept the decision, the Panel shall add to its numbers by the selection of a chairman Chairman, with voting rights, from a pre-determined predetermined list of persons mutually agreed upon by the parties Parties hereto to act as such. Should one of those these persons fail to be appointed, appointed or none be able to act, the Minister of Labour of British Columbia shall be requested to appoint a chairmanChairman. The Panel, with the chairman Chairman added, shall meet and hear evidence and shall have all rights, powers, duties duties, and authorities given to a Board of Arbitration by virtue of the Arbitration ActAct R.S.B.C., R.S.B.C. 1960, Chapter 14 14, and shall render its decision within ten (10) days of receipt of the grievance in writing, writing and its decision shall be final and binding on the parties Parties to the grievanceGrievance. Any and all grievances referred to an Industry Grievance Panel Panel, as provided herein herein, shall be resolved by a majority decision of the Panel. A decision of the Panel in matters concerning discharge may include an award of damages or compensation or an order of reinstatement of employment, or any or all of the foregoing as it deems just and equitable. The fees and expenses of the Grievance Panel Chairman, where one is required, shall be borne equally by the parties Parties to the grievanceGrievance. If for any reason the Industry Grievance Panel ceases to exist or refuses to act in any grievance referred to it by a party or person bound by this Agreement, such grievance grievances shall instead be dealt with by a Board of Arbitration as provided for herein. The services of an Industry Grievance Panel Panel, as constituted herein herein, shall be available to active Active Employer members of the Association, Council of Unionized Road Builders and any Employer bound by this Agreement in the Construction Industry within the Province of British Columbia. Unions participating in the Resolutions Board and Active Employers shall each be required to pay a registration fee of one hundred dollars ($100.00) with the referral of each grievance to an Industry Grievance Panel. The registration fee previously referred to may be adjusted upon approval of the Construction Unions Resolution Board. Written notices of all grievances to be referred to a Grievance Panel and payment of all registration fees shall be made to the Construction Unions Resolutions Board, which shall allocate disbursement of registration fees to assist in the defrayal of expenses of Grievance Panel as that body shall decide. The specified time limits in this Clause shall be strictly construed and may be extended only with the mutual consent of the Parties to the grievance. The time limits shall be exclusive of Saturdays, Sundays and General Holidays.

Appears in 1 contract

Samples: Vancouver Island Paving Agreement

Industry Grievance Panel. An Industry Grievance Panel shall be drawn from representatives of the Unionized Construction Industry Unions Resolution Board as set out in Article 14 of this Agreement and shall be composed of at least four (4) members and not more than six (6) members. Appointment of panel Panel members shall be made from among those persons who are appointed representatives to the Construction Unions Resolution Board or from among those persons who are officers of the participating Unions, and those persons who are Directors of the participating Associations. In no case and at no time shall representatives of the Union, or the Employer involved in the dispute, dispute be appointed to a Panel. In all proceedings of the Panel, the Union and the Associations shall have equal representation and voting rights. Construction Labour Relations Association of British Columbia shall, when requested to do so by the Employer, have the right to represent such Employer on all matters relating to labour relations which may come before the Grievance Panel. The Industry Grievance Panel shall meet and endeavour to render a decision within five (5) days of receipt of the grievance in writing. In the event that the Panel cannot arrive at a decision as to the disposition of the grievance within such time, or either party to the grievance is unwilling to accept the decision, the Panel shall add to its numbers by the selection of a chairman with voting rights, from a pre-determined list of persons mutually agreed upon by the parties hereto to act as such. Should one of those persons fail to be appointed, or none be able to act, the Minister of Labour of British Columbia shall be requested to appoint a chairman. The Panel, with the chairman added, shall meet and hear evidence and shall have all rights, powers, duties and authorities given to a Board of Arbitration by virtue of the Arbitration Act, R.S.B.C. 1960, Chapter 14 and shall render its decision within ten (10) days of receipt of the grievance in writing, and its decision shall be final and binding on the parties to the grievance. Any and all grievances referred to an Industry the Construction Unions Resolution Board's Grievance Panel as provided herein shall be resolved by a majority decision of the Panel. A decision of the Panel in matters concerning discharge may include an award of damages or compensation or an order of reinstatement of employment, or any or all of the foregoing as it deems just and equitable. The fees and expenses of the Grievance Panel Chairman, where one is required, shall be borne equally by the parties to the grievance. If for any reason the Industry Grievance Panel ceases to exist or refuses to act in any grievance referred to it by a party or person bound by this Agreement, such grievance shall instead be by dealt with by a Board of Arbitration as provided for herein. The services of an Industry Grievance Panel as constituted herein shall be available to active Employer members of the Association, and any Employer bound by this Agreement in the Construction Industry within the Province of British ColumbiaColumbia and the Yukon Territory. Unions participating in the Resolution Board and active Employer members of the Associations shall each be required to pay a registration fee of one hundred dollars ($100.00) with the referral of each grievance to an Industry Grievance Panel. The registration fee previously referred to may be adjusted upon approval of the Construction Unions Resolution Board. Written notice of all grievances to be referred to a Grievance Panel, and payment of all registration fees shall be made to the Construction Unions Resolution Board which shall allocate disbursement of registration fees to assist in the defrayal of expenses of Grievance Panels as that body shall decide.

Appears in 1 contract

Samples: Heavy Construction Agreement

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