LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher covered by this agreement and the School Division, or, in a proper case, between the Local of The Association and the School Division, concerning the interpretation, application, operation, or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided without stoppage of work or refusal to perform work. 16.1.1 (Step 1) Such a difference (hereinafter called a 'grievance') shall first be submitted in writing to the Superintendent/designate and to the Coordinator of Teacher Welfare as the case may be. Such written submission shall be made within 20 days from the date of the incident giving rise to the grievance or from the date the grievor first has knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance and the articles of this agreement which it is alleged to have been violated. Both the teacher and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representative. 16.2 (Step 2) In the event the grievance is not settled within twenty (20) days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five (5) days have elapsed from the expiration of the aforesaid twenty (20) day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduled. The grievance committee shall be composed of representatives of the School Division. The grievance committee shall render their decision in respect of the grievance within 25 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by the grievor and the School Division representatives that the hearing of such grievance is adjourned for the purpose of obtaining further information. 16.2.1 (Step 3) If the grievance is not resolved with the response of the grievance committee or if the grievance committee fails to provide a decision within the said time then either party may by written notice served on the other party require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 25 day limit expires or the date the grievance committee renders their decision, whichever is shorter. 16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee. 16.3 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten (10) days of the appointment of the second of them appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman, either party may request the Director of Mediation Services to make the necessary appointment. 16.3.1 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment. 16.3.2 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard. 16.4 The arbitration board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement. 16.5 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the board. 16.5.1 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman, provided, however, that this time period may be extended by written consent of the parties. 16.6 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses of the chairman. 16.7 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays. 16.8 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits specified, the grievance shall be deemed to be at an end. 16.9 Any of the aforesaid time limits may be extended at any stage with the written consent of the parties.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any A grievance is a difference between any teacher covered by this agreement and the School Division, or, in a proper case, between the Local of The Association and the School Division, concerning regarding the interpretation, application, operation, operation or any alleged violation of this agreement and further including any dispute Collective Agreement.
16.2 A grievance must be initiated in writing stating all particulars as to whether the difference is arbitrable, shall be dealt with as herein provided without stoppage of work or refusal to perform work.
16.1.1 (Step 1) Such a difference (hereinafter called a 'grievance') shall first be submitted in writing to the Superintendent/designate and to the Coordinator of Teacher Welfare as the case may be. Such written submission shall be made within 20 days from the date nature of the incident giving rise grievance, the clause alleged to have been violated and the grievance or from the date the grievor first has knowledge of the incident, whichever is laterremedy requested. Such grievance shall set out be submitted to the nature Executive Director and to the Chairperson of the grievance and the articles of this agreement which it is alleged to have been violated. Both the teacher and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representative.
16.2 (Step 2) In the event the grievance is not settled Teacher Welfare Committee within twenty (20) teaching days after from when the date of submission teacher became aware of the grievance in accordance with the above procedure, then on or before a further five (5) days have elapsed from the expiration incident.
16.3 A committee comprised of the aforesaid twenty (20) day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduled. The grievance committee shall be composed of two representatives of the School Division. The grievance committee Foundation and two representatives of the local Association shall render their decision in respect of meet and attempt to resolve the grievance within 25 fifteen (15) teaching days of receipt of grievance by the Foundation. If the committee reaches a unanimous decision as to the disposition of any grievance that decision shall be final and binding.
16.4 If the Parties fail to reach an agreement under clause 16.3, either Party may by written notice to the other Party, require the establishment of an Arbitration Board. Such written notice shall be served within ten (10) teaching days following receipt the time limit set out in clause 16.3.
16.4.1 Upon ratification, in the event that the decision of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by the grievor and the School Division representatives that the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) If the grievance is not resolved with the response of the grievance committee or if the grievance committee fails to provide resolve the grievance, or the committee cannot come to a decision within the said time decision, then either party may Party may, by written notice served on the other party Party, require the establishment of an arbitration board as hereinafter providedArbitration Board. Such written notice must shall be given served within 10 ten (10) teaching days after the date of receipt of the aforesaid 25 day limit expires or the date the grievance committee renders their committee’s decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.5 Each party Party shall appoint one (1) member as its representative on the arbitration board Arbitration Board within seven (7) teaching days of receipt of such notice and shall so inform the other party of its appointeenotice. The two (2) members so appointed shall, shall endeavour to select an independent chairperson.
16.6 If the two members fail to select a chairperson within ten five (105) teaching days after the day on which the last of the appointment of the second of them appoint a third person who two members is appointed, they shall be the chairman. In the event of any failure to appoint a chairman, either party may request the Director of Mediation Services to make the necessary appointmentselect a chairperson.
16.3.1 16.7 The parties Arbitration Board may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 The arbitration board shall not change, amend, modify or alter any of the terms of this agreementCollective Agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, Collective Agreement and shall not depend on or involve an issue or contention by either party Party that is contrary to any provisions subject matter covered by or arising under the terms of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreementCollective Agreement.
16.5 16.8 The findings and decision of a majority is the award of the arbitration board Arbitration Board and is final final, and binding upon the parties Parties and upon any teacher employee affected by it. If there is not a majority, the decision of the chairman chairperson governs and it shall be deemed to be the award of the boardArbitration Board.
16.5.1 16.9 The arbitration board shall give its decision not later than 14 days after the appointment purpose of the chairman, provided, however, that this time period may be extended by written consent of the parties.
16.6 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses of the chairman.
16.7 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdaysprovisions is to ensure that any grievance is processed in an expeditious manner, Sundays and statutory holidays.
16.8 In therefore, compliance with the event, at any stage, of provisions is mandatory. If the aforesaid procedure (except in respect of appointing persons to the board) the grieving party respondent fails to take the necessary action within the time limits specifiedcomply with provisions of this procedure, the grievance shall be deemed is processed to be the next step. If the grievant fails to comply with all procedures, the grievance is at an end.
16.9 Any of the aforesaid time limits may be extended at any stage with the written consent of the parties.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LOCAL GRIEVANCE PROCEDURE. The following local grievance procedure expires December 31, 2019.
16.1 Any difference between any teacher an employee covered by this agreement Agreement and the School Division, or, or in a proper case, case between the Local of The the Association and the School Division, Division concerning the interpretation, application, operation, or alleged violation of this agreement Agreement, and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided without stoppage of work or refusal to perform workfollows.
16.1.1 (Step 1) 16.2 Such a difference (hereinafter called a '“grievance'”) shall first be submitted in writing to the Superintendent/designate Secretary Treasurer of the School Division and to the Coordinator of Teacher Welfare as Committee Chair of the case may beAssociation Local #35. Such written submission shall be made within 20 sixty (60) days from of the date of the incident giving rise to the grievance or from the date the grievor first has knowledge reasonably became aware of the incident, whichever is laterincident giving rise to the grievance. Such grievance shall set out the nature of the grievance and grievance, the articles Articles of this agreement Agreement, which it is alleged to have been violated. Both the teacher , and the School Division, or remedy sought. The Secretary Treasurer shall render their representatives, shall meet to resolve the dispute decision within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representativefifteen (15) days.
16.2 (Step 2) 16.3 In the event the grievance is has not been settled within twenty fifteen (2015) days after the date of submission of the grievance in accordance with grievance, the above procedureteacher may present, then on or before a further within five (5) days have elapsed from the expiration thereafter in writing a statement of the aforesaid twenty (20) day time period, nature of the grievance shall be referred in writing to the Secretary Treasurer of the School Division and the Teacher Welfare Committee Chair of the Association Local #35 requesting consideration of the grievance committee at which time a grievance meeting will be scheduled. by the Grievance Committee.
16.3.1 The grievance committee Grievance Committee shall be composed of two (2) teacher representatives of the Association Local #35 and two (2) representatives of the School Division. .
16.3.2 The grievance committee quorum of the Grievance Committee shall render their decision in respect consist of all members.
16.3.3 The Grievance Committee shall meet and endeavour to resolve the grievance within 25 twenty-one (21) days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement where by unanimous consent of the grievor and the School Division representatives that Grievance Committee, the hearing of such grievance is adjourned for the purpose of obtaining further information. If the Grievance Committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding.
16.2.1 (Step 3) 16.4 If the grievance is Grievance Committee does not resolved with the response of the grievance committee reach a unanimous or if the grievance committee fails to provide a any decision within the said time time, then either party may by written notice served on the other party require the establishment of an arbitration board Arbitration Board as hereinafter provided. Such notice must be given within 10 ten (10) days after the date of the aforesaid 25 twenty-one (21) day limit expires or the date the grievance committee Grievance Committee renders their other than a unanimous decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.5 Each party shall appoint one (1) member as its representative on the arbitration board Arbitration Board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten five (105) days of the appointment of the second of them them, appoint a third person person, who shall be the chairmanChairman. In the event of any failure to appoint a chairmanChairman, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 16.6 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board Arbitration Board shall determine its own procedure procedure, but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.7 The arbitration board Arbitration Board shall not change, amend, amend or alter any of the terms of this agreementAgreement. All grievances or differences submitted shall present an arbitrable issue under this agreementAgreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement Agreement or that involves the determination of a subject matter not covered by, by or arising during the term of this agreementAgreement.
16.5 16.8 The findings and decision of a majority is the award of the arbitration board Arbitration Board and is final and binding upon the parties and upon any teacher employee affected by it. If there is not a majority, the decision of the chairman Chairman governs and it shall be deemed to be the award of the boardArbitration Board.
16.5.1 16.9 The arbitration board Arbitration Board shall give its decision not later than 14 fourteen (14) days after the appointment of the chairmanChairman, provided, provided however, that this time period may be extended by written consent of the parties.
16.6 16.10 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses expense of the chairmanChairman.
16.7 16.11 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.
16.8 16.12 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the boardArbitration Board) the grieving party fails to take the necessary action within the time limits limit specified, the grievance shall be deemed to be at an end.
16.9 16.13 Any of the aforesaid time limits may be extended at any stage with upon the written consent of the parties. Effective January 1, 2020
16.1 Any difference between an employee covered by this Agreement and the School Division, or in a proper case between the Local of the Association and the School Division concerning the interpretation, application, operation, or alleged violation of this Agreement, and further including any dispute as to whether the difference is arbitrable, shall be dealt with as follows.
16.2 Such difference (hereinafter called a “grievance”) shall first be submitted in writing to the Associate Superintendent of Human Resources and to the Teacher Welfare Committee Chair of the Association Local #35 and the Coordinator of Teacher Welfare. Such written submission shall be made within sixty (60) operational days of the date of the incident giving rise to the grievance or the date the grievor reasonably became aware of the incident giving rise to the grievance. Such grievance shall set out the nature of the grievance, the Articles of this Agreement, which it is alleged have been violated, and the remedy sought. The Associate Superintendent of Human Resources shall render their decision within fifteen (15) operational days.
16.3 In the event the grievance has not been settled within fifteen (15) operational days after the date of submission of the grievance, the teacher may present, within five (5) operational days thereafter a written a statement of the nature of the grievance to the Secretary Treasurer of the School Division.
16.3.1 The Secretary Treasurer shall schedule a meeting with the grievor & the Associate Superintendent of Human Resources within twenty-one (21) operational days following receipt of the submission.
16.3.2 The Secretary Treasurer shall provide a decision within ten (10) operational days of the meeting with the parties.
16.4 In the event that the decision of the Secretary Treasurer fails to satisfy the grievance, the Association may, by written notice served on the other party, require the establishment of an Arbitration Board as hereinafter provided. Such notice must be given within ten (10) operational days after the receipt of the Secretary Treasurer’s decision, or twenty (20) operational days after the meeting with the parties, whichever is shorter.
16. 4.1 The parties can mutually agree to the use of a single arbitrator within seven (7) operational days of such notice.
16.5 Each party shall appoint one (1) member as its representative on the Arbitration Board within seven (7) operational days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within five
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher employee covered by this agreement and the School Division, or, or in a proper case, case between Local No. 60 of the Local of The Alberta Teachers’ Association and the School Division, Division concerning the interpretation, application, operation, operation or alleged violation of this agreement agreement, and further further, including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided provided, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) 16.2 Such a difference (hereinafter called a 'grievance') shall first be submitted in writing to the Superintendent/designate chairman of the School Division and to the Economic Policy Committee (EPC) Chair and Coordinator of Teacher Welfare as of the case may beAssociation. Such written submission shall be made within 20 thirty (30) days from the date of the incident giving rise to the grievance or from the date the grievor first has knowledge reasonably became aware of the incident, whichever is later. incident giving rise to the grievance.
16.3 Such grievance shall set out the nature of the grievance and grievance, the articles of this agreement which it is alleged to have been violated. Both the teacher , and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representativeremedy sought.
16.2 (Step 2) In the event the grievance is not settled within 16.4 Within twenty (20) days after of receiving the date documentation referred to in clause 16.2 a Grievance Committee consisting of submission two (2) members of the grievance in accordance with Local and two (2) Trustees must convene and hear the above procedure, then on or before a further five (5) days have elapsed from the expiration grievance. A quorum of this committee shall consist of all members. Each member of the aforesaid twenty (20) day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduled. The grievance committee shall be composed of representatives of the School Division. The grievance committee shall render their decision in respect of the grievance within 25 days following receipt of the submission and shall dispose of each grievance before proceeding entitled to another, except whereby there is mutual agreement by the grievor and the School Division representatives that the hearing of such grievance is adjourned for the purpose of obtaining further informationvote.
16.2.1 16.5 Within ten (Step 310) days of first hearing the grievance, the Grievance Committee must render a decision. If the grievance decision is unanimous, it shall be final and binding on the parties and upon any employee affected by it.
16.6 If the Grievance Committee does not resolved with the response of the grievance committee reach a unanimous or if the grievance committee fails to provide a any decision within the said time time, then either party may may, by written notice served on the other party require party, request that the establishment of an arbitration board as hereinafter providedmatter be dealt with in accordance with the Labour Relations Code. Such notice must be given within 10 ten (10) days after the date of on which the aforesaid 25 ten (10) day limit expires expires, or the date the grievance committee renders their is unable to arrive at a unanimous or any decision, whichever is the shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten (10) days of the appointment of the second of them appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 The arbitration board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.5 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the board.
16.5.1 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman, provided, however, that this time period may be extended by written consent of the parties.
16.6 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses of the chairman.
16.7 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidaysapply to operational school days only.
16.8 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits specified, the grievance shall be deemed to be at an end.
16.9 Any of the aforesaid time limits may be extended at any stage with upon the written consent of the both parties.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher employee covered by this agreement and the School Division, or, or in a proper case, case between the Local local of The the Association and the School Division, Division concerning the interpretation, application, operation, operation or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided follows, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) 16.2 Such a difference (hereinafter called "a 'grievance'") shall first be submitted in writing to the Superintendent/Superintendent or designate and to the Coordinator of Teacher Welfare as of the case may beAssociation and copied to the Chairperson of the Teacher Welfare Committee (TWC) of the Association Local No. 15. Such written submission grievance shall be made submitted in writing within 20 twenty (20) days from the date of the incident giving rise to the grievance or from the date the grievor griever first has knowledge of the incident, whichever is later. Such grievance later and shall set out the nature of the grievance and grievance, the articles of this agreement which it is alleged to have been violated. Both the teacher violated and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representativeremedy sought.
16.2 (Step 2) 16.3 In the event the grievance is not settled within twenty fifteen (2015) days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five (5) days have elapsed lapsed from the expiration of the aforesaid twenty fifteen (2015) day time period, the grievance shall be referred in writing to the Secretary-Treasurer of the School Division, the President of the local of the Association and the Chairperson of the TWC of the Association Local No. 15 who in turn shall notify their respective grievance committee at which time a grievance meeting will be scheduled. The committee.
16.3.1 Such grievance committee shall be composed of two (2) representatives of the School DivisionDivision and two (2) representatives of the Association. A quorum of this committee shall consist of all members. The grievance committee shall meet and endeavor to resolve the grievance and shall render their its decision in respect of the grievance within 25 twenty-one (21) days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by unanimous consent of the grievor and the School Division representatives that grievance committee; the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) . If the grievance is not resolved with committee reaches a unanimous decision as to the response disposition of any grievance, that decision shall be final and binding.
16.4 If the grievance committee does not reach a unanimous or if the grievance committee fails to provide a any decision within the said time time, then either party may may, by written notice served on the other party party, require the establishment of an arbitration board as hereinafter provided. Such notice must shall be given within 10 fifteen (15) days after the date of the aforesaid 25 twenty-one (21) day limit expires or the date the grievance committee renders their other than a unanimous decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.5 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten five (105) days of the appointment of the second (2nd) of them them, appoint a third (3rd) person who shall be the chairmanchairperson. In the event of any failure to appoint a chairmanappoint, either any party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 16.6 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.7 The arbitration board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions provision of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.5 16.8 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher employee affected by it. If there is not a majority, the decision of the chairman chairperson governs and it shall be deemed to be the award of the board.
16.5.1 16.9 The arbitration board shall give its decision not later than 14 fourteen (14) days after the appointment of the chairman, provided, provided however, that this time period may be extended by written consent of the parties.
16.6 16.10 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses expense of the chairman.
16.7 16.11 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidaysexclude school calendar non-operational days.
16.8 16.12 In the event, at any stage, stage of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits specified, the grievance shall be deemed to be at an end.
16.9 16.13 Any of the aforesaid time limits may be extended at any stage with the upon written consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher covered by this agreement and the School DivisionJurisdiction, or, in a proper case, between the Local of The the Association and the School DivisionJurisdiction, concerning the interpretation, application, operation, or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided without stoppage of work or refusal to perform work.
16.1.1 (Step 1) Such a difference (hereinafter called a 'grievance') shall first be submitted in writing to the Superintendent/designate and to the Coordinator chair of the Teacher Welfare Committee of the Local of The Association as the case may be. Such written submission shall be made within 20 days from the date of the incident giving rise to the grievance or from the date the grievor first has knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance and the articles of this agreement which it is alleged to have been violated. Both the teacher and the School DivisionJurisdiction, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division Jurisdiction agrees to provide relevant payroll records if requested by the grievor or his representative.
16.2 (Step 2) In the event the grievance is not settled within twenty (20) days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five (5) days have elapsed from the expiration of the aforesaid twenty (20) day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduled. The grievance committee shall be composed of representatives of the School DivisionJurisdiction. The grievance committee shall render their decision in respect of the grievance within 25 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by the grievor and the School Division Jurisdiction representatives that the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) If the grievance is not resolved with the response of the grievance committee or if the grievance committee fails to provide a decision within the said time then either party may by written notice served on the other party require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 25 day limit expires or the date the grievance committee renders their decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten (10) days of the appointment of the second of them appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 The arbitration board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.5 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the board.
16.5.1 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman, provided, however, that this time period may be extended by written consent of the parties.
16.6 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses of the chairman.
16.7 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.
16.8 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits specified, the grievance shall be deemed to be at an end.
16.9 Any of the aforesaid time limits may be extended at any stage with the written consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher Employee covered by this agreement and the School Division, or, or in a proper case, case between the Local of The Association and the School Division, concerning the interpretation, application, operation, operation or alleged violation of this agreement agreement, and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided provided, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) Such a difference 16.2 A differences (hereinafter called a '"grievance'") between an Employee covered by this Agreement and the School Division who shall first be submitted in writing to the Superintendent/designate and Secretary-Treasurer of the School Division who shall forward it to the President of the Local Association., who shall forward it to the Coordinator of Teacher Welfare as of the case may beAssociation. Such written submission shall be made within 20 fifteen (15) teaching days from the date of the incident giving rise to the grievance or from the date the grievor griever first has had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance and grievance, the articles of this agreement which it is alleged to have been violated. Both , and the teacher remedy sought.
16.3 In the case of a difference between the Association and the School Division, or their representativeseither party may institute a grievance by, shall meet in the case of the Association, forwarding written particulars of the grievance to resolve the dispute Secretary-Treasurer with a copy to the Superintendent of Schools of the School Division and in the case of the School Division, by forwarding particulars of the grievance to the Coordinator of Teacher Welfare of the Association within 10 fifteen (15) days of the receipt date of the grievance notice. In the event that incident giving rise to the grievance concerns matters of salary, or the School Division agrees to provide relevant payroll records if requested by date the grievor or his representativereasonably became aware of the incident giving rise to the grievance.
16.2 (Step 2) 16.4 In the event the grievance is not settled within twenty fifteen (2015) teaching days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five ten (510) teaching days have elapsed from the expiration of the aforesaid twenty fifteen (2015) teaching day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduled. The grievance committee shall be composed of representatives of the School Division. The grievance committee shall render their decision in respect of the grievance within 25 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by the grievor and the School Division representatives that the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) If the grievance is not resolved with the response of the grievance committee or if the grievance committee fails to provide a decision within the said time then either party may may, by written notice served on the other party party, require the establishment of an arbitration board Arbitration Board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 25 day limit expires or the date the grievance committee renders their decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.5 Each party shall appoint one (1) member as its representative on the arbitration board Arbitration Board within seven (7) teaching days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten five (105) teaching days of the appointment of the second of them them, appoint a third person who shall be the chairmanchairperson. In the event of any failure to appoint a chairman, chairperson either party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 16.6 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board Arbitration Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.7 The arbitration board Arbitration Board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.5 16.8 The findings and decision of a majority is the award of the arbitration board Arbitration Board and is final and binding upon the parties and upon any teacher Employee affected by it. If there is not a majority, the decision of the chairman chairperson governs and it shall be deemed to be the award of the boardArbitration Board.
16.5.1 16.9 The arbitration board Arbitration Board shall give its decision not later than 14 fourteen (14) teaching days after the appointment of the chairman, chairperson provided, however, that this time period may be extended by written consent of the parties.
16.6 . Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses expense of the chairmanchairperson.
16.7 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.
16.8 16.10 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the boardArbitration Board) the grieving party fails to take the necessary action within the time limits limit specified, the grievance shall be deemed to be at an end.
16.9 16.11 Any of the aforesaid time limits may be extended at any stage with the upon written consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher an employee covered by this agreement Agreement and the School DivisionEmployer, or, or in a proper case, case between the Local of The the Association and the School Division, Employer concerning the interpretation, application, operation, or alleged violation of this agreement Agreement, and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided without stoppage of work or refusal to perform workfollows.
16.1.1 (Step 1) 16.2 Such a difference (hereinafter called a '“grievance'”) shall first be submitted in writing to the Superintendent/designate Secretary Treasurer of the Employer and to the Coordinator of Teacher Welfare as Committee Chair of the case may beAssociation Local #35. Such written submission shall be made within 20 sixty (60) days from of the date of the incident giving rise to the grievance or from the date the grievor first has knowledge reasonably became aware of the incident, whichever is laterincident giving rise to the grievance. Such grievance shall set out the nature of the grievance and grievance, the articles Articles of this agreement Agreement, which it is alleged to have been violated. Both the teacher , and the School Division, or their representatives, remedy sought. The Secretary Treasurer shall meet to resolve the dispute render his/her decision within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representativefifteen (15) days.
16.2 (Step 2) 16.3 In the event the grievance is has not been settled within twenty fifteen (2015) days after the date of submission of the grievance in accordance with grievance, the above procedureteacher may present, then on or before a further within five (5) days have elapsed from the expiration thereafter in writing a statement of the aforesaid twenty (20) day time period, nature of the grievance shall be referred in writing to the Secretary Treasurer of the Employer and the Teacher Welfare Committee Chair of the Association Local #35 requesting consideration of the grievance committee at which time a grievance meeting will be scheduled. by the Grievance Committee.
16.3.1 The grievance committee Grievance Committee shall be composed of two (2) teacher representatives of the School Division. Association Local #35 and two (2) representatives of the Employer.
16.3.2 The grievance committee quorum of the Grievance Committee shall render their decision in respect consist of all members.
16.3.3 The Grievance Committee shall meet and endeavour to resolve the grievance within 25 twenty-one (21) days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement where by unanimous consent of the grievor and the School Division representatives that Grievance Committee, the hearing of such grievance is adjourned for the purpose of obtaining further information. If the Grievance Committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding.
16.2.1 (Step 3) 16.4 If the grievance is Grievance Committee does not resolved with the response of the grievance committee reach a unanimous or if the grievance committee fails to provide a any decision within the said time time, then either party may by written notice served on the other party require the establishment of an arbitration board Arbitration Board as hereinafter provided. Such notice must be given within 10 ten (10) days after the date of the aforesaid 25 twenty-one (21) day limit expires or the date the grievance committee Grievance Committee renders their other than a unanimous decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.5 Each party shall appoint one (1) member as its representative on the arbitration board Arbitration Board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten five (105) days of the appointment of the second of them them, appoint a third person person, who shall be the chairmanChairman. In the event of any failure to appoint a chairmanChairman, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 16.6 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board Arbitration Board shall determine its own procedure procedure, but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.7 The arbitration board Arbitration Board shall not change, amend, amend or alter any of the terms of this agreementAgreement. All grievances or differences submitted shall present an arbitrable issue under this agreementAgreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement Agreement or that involves the determination of a subject matter not covered by, by or arising during the term of this agreementAgreement.
16.5 16.8 The findings and decision of a majority is the award of the arbitration board Arbitration Board and is final and binding upon the parties and upon any teacher employee affected by it. If there is not a majority, the decision of the chairman Chairman governs and it shall be deemed to be the award of the boardArbitration Board.
16.5.1 16.9 The arbitration board Arbitration Board shall give its decision not later than 14 fourteen (14) days after the appointment of the chairmanChairman, provided, provided however, that this time period may be extended by written consent of the parties.
16.6 16.10 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses expense of the chairmanChairman.
16.7 16.11 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.
16.8 16.12 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the boardArbitration Board) the grieving party fails to take the necessary action within the time limits limit specified, the grievance shall be deemed to be at an end.
16.9 16.13 Any of the aforesaid time limits may be extended at any stage with upon the written consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher Employee covered by this agreement and the School Division, or, or in a proper case, case between the Local of The Association and the School Division, concerning the interpretation, application, operation, operation or alleged violation of this agreement agreement, and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided provided, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) Such a 16.2 A difference (hereinafter called a '"grievance'") between an Employee covered by this Agreement and the School Division who shall first be submitted in writing to the Superintendent/designate and Secretary-Treasurer of the School Division who shall forward it to the President of the Local Association, who shall forward it to the Coordinator of Teacher Welfare as of the case may beAssociation. Such written submission shall be made within 20 fifteen (15) teaching days from the date of the incident giving rise to the grievance or from the date the grievor griever first has had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance and grievance, the articles of this agreement which it is alleged to have been violated. Both , and the teacher remedy sought.
16.3 In the case of a difference between the Association and the School Division, or their representativeseither party may institute a grievance by, shall meet in the case of the Association, forwarding written particulars of the grievance to resolve the dispute Secretary-Treasurer with a copy to the Superintendent of Schools of the School Division and in the case of the School Division, by forwarding particulars of the grievance to the Coordinator of Teacher Welfare of the Association within 10 fifteen (15) days of the receipt date of the grievance notice. In the event that incident giving rise to the grievance concerns matters of salary, or the School Division agrees to provide relevant payroll records if requested by date the grievor or his representativereasonably became aware of the incident giving rise to the grievance.
16.2 (Step 2) 16.4 In the event the grievance is not settled within twenty fifteen (2015) teaching days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five ten (510) teaching days have elapsed from the expiration of the aforesaid twenty fifteen (2015) teaching day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduled. The grievance committee shall be composed of representatives of the School Division. The grievance committee shall render their decision in respect of the grievance within 25 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by the grievor and the School Division representatives that the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) If the grievance is not resolved with the response of the grievance committee or if the grievance committee fails to provide a decision within the said time then either party may may, by written notice served on the other party party, require the establishment of an arbitration board Arbitration Board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 25 day limit expires or the date the grievance committee renders their decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.5 Each party shall appoint one (1) member as its representative on the arbitration board Arbitration Board within seven (7) teaching days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten five (105) teaching days of the appointment of the second of them them, appoint a third person who shall be the chairmanchairperson. In the event of any failure to appoint a chairman, chairperson either party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 16.6 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board Arbitration Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.7 The arbitration board Arbitration Board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.5 16.8 The findings and decision of a majority is the award of the arbitration board Arbitration Board and is final and binding upon the parties and upon any teacher Employee affected by it. If there is not a majority, the decision of the chairman chairperson governs and it shall be deemed to be the award of the boardArbitration Board.
16.5.1 16.9 The arbitration board Arbitration Board shall give its decision not later than 14 fourteen (14) teaching days after the appointment of the chairman, chairperson provided, however, that this time period may be extended by written consent of the parties.
16.6 . Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses expense of the chairmanchairperson.
16.7 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.
16.8 16.10 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the boardArbitration Board) the grieving party fails to take the necessary action within the time limits limit specified, the grievance shall be deemed to be at an end.
16.9 16.11 Any of the aforesaid time limits may be extended at any stage with the upon written consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any a teacher covered by this agreement and the School Division, Division or, in a proper case, case between the Local of The Association Association, and the School Division, Division concerning the interpretation, application, operation, or alleged violation of this agreement agreement, and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided follows, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) 16.2 Such a difference (hereinafter called 'a 'grievance') at the teacher level shall first be submitted in writing to the Superintendent/designate Secretary Treasurer of the School Division, and to the Coordinator of Teacher Welfare as the case may beWelfare. Such written submission shall be made within 20 thirty (30) days from the date of after the incident giving rise to the grievance or from the date the grievor first has knowledge of the incident, whichever is latergrievance. Such grievance shall set out the nature of the grievance and grievance, the articles of this agreement which it is alleged to have been violated. Both the teacher violated and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representativeremedy sought.
16.2 (Step 2) 16.3 In the event the grievance is not settled within twenty thirty (2030) days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five (5) days have elapsed from the expiration of the aforesaid twenty thirty (2030) day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduledSecretary Treasurer of the School Division. The A grievance committee shall be composed of three (3) representatives of the School DivisionDivision however, a quorum of this committee shall be two (2) representatives. A representative of the School Division and the grievor and/or representative shall be present at any grievance hearing. The grievance committee shall meet and endeavor to resolve the grievance and shall render their its decision in respect of the grievance within 25 thirty (30) days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by .
16.4 In a proper case the grievor and Association may submit a grievance in writing to the School Division representatives that or the hearing School Division may submit a grievance in writing to the Association. The respondent shall render its decision in respect of such the grievance is adjourned for within 30 days following the purpose receipt of obtaining further informationthe submission.
16.2.1 (Step 3) 16.5 If the grievance is not resolved with the response of the grievance committee or if the grievance committee fails to provide a decision within the said time then either party may by written notice served on the other party require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 ten (10) days after the date of the aforesaid 25 thirty (30) day limit expires or the date the grievance committee renders their a decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.6 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten (10) days of the appointment of the second of them appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 The arbitration board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.5 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the board.
16.5.1 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman, provided, however, that this time period may be extended by written consent of the parties.
16.6 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses of the chairman.
16.7 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.
16.8 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits specified, the grievance shall be deemed to be at an end.
16.9 Any of the aforesaid time limits may be extended at any stage with the written consent of the parties.five
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher an employee covered by this agreement Agreement and the School Division, or, or in a proper case, case between the Local of The Association and the School Division, concerning the interpretation, application, operation, or alleged violation of a local matter within this agreement Agreement, and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided without stoppage follows:
16.2 In the case of work or refusal to perform work.
16.1.1 (Step 1) Such a difference between an employee and the School Division, such difference (hereinafter called a '"grievance'") shall first be submitted in writing to the Superintendent/designate Secretary-Treasurer of the School Division and to the Coordinator Secretary of the Local of the Association and the coordinator of Teacher Welfare as of the case may beAssociation. Such written submission shall be made within 20 sixty (60) days from of the date of the incident giving rise to the grievance or from the date the grievor first has knowledge griever reasonably became aware of the incident, whichever is laterincident giving rise to the grievance. Such grievance shall set out the nature of the grievance and grievance, the articles of this agreement Agreement which it is alleged to have been violatedviolated and the remedy sought. Both The respondent shall render their decision within thirty (30) days.
16.3 In the teacher case of a difference between the Association and the School Division, or their representativeseither party may institute a grievance by, shall meet in the case of the Association, forwarding written particulars of the grievance to resolve the dispute Superintendent of Schools of the School Division and in the case of the School Division, by forwarding particulars of the grievance to the Coordinator of Teacher Welfare of the Association within 10 sixty (60) days of the receipt date of the grievance notice. In the event that incident giving rise to the grievance concerns matters of salary, or the School Division agrees to provide relevant payroll records if requested by date the grievor or his representativereasonably became aware of the incident giving rise to the grievance.
16.2 (Step 2) 16.4 In the event the grievance is not settled within twenty thirty (2030) days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five ten (510) days have elapsed from the expiration of the aforesaid twenty thirty (2030) day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduled. The grievance committee shall be composed of representatives of the School Division. The grievance committee shall render their decision in respect of the grievance within 25 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by the grievor and the School Division representatives that the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) If the grievance is not resolved with the response of the grievance committee or if the grievance committee fails to provide a decision within the said time then either party may by written notice served on the other party require the establishment of an arbitration board Arbitration Board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 25 day limit expires or the date the grievance committee renders their decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.5 Each party shall appoint one (1) member as its representative on the arbitration board Arbitration Board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten five (105) days of the appointment of the second of them them, appoint a third person who shall be the chairmanChairman. In the event of any failure to appoint a chairman, Chairman either party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 16.6 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board Arbitration Board shall determine its own procedure procedure, but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.7 The arbitration board Arbitration Board shall not change, amend, amend or alter any of the terms of this agreementAgreement. All grievances or differences submitted shall present an arbitrable issue under this agreementAgreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement Agreement or that involves the determination of a subject matter not covered by, by or arising during the term of this agreementAgreement.
16.5 16.8 The findings and decision of a majority is the award of the arbitration board Arbitration Board and is final and binding upon the parties and upon any teacher employee affected by it. If there is not a majority, the decision of the chairman Chairman governs and it shall be deemed to be the award of the boardBoard.
16.5.1 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman, provided, however, that this time period may be extended by written consent of the parties.
16.6 16.9 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses expense of the chairmanChairman.
16.7 16.10 By mutual consent of the School Division and the Association may elect to proceed to arbitration by way of a sole arbitrator or without nominees.
16.11 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidaysapply to operational school days only.
16.8 16.12 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the boardBoard) the grieving party fails to take the necessary action within the time limits limit specified, the grievance shall be deemed to be at an end.. If the party against whom the grievance has been filed fails to take the necessary action within the time limit specified, the grievance shall automatically advance to the next step
16.9 16.13 Any of the aforesaid time limits may be extended at any stage with upon the written consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher employee covered by this agreement and the School DivisionJurisdiction, or, or in a proper case, case between the Local local of The the Association and the School Division, Jurisdiction concerning the interpretation, application, operation, operation or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided follows, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) 16.2 Such a difference (hereinafter called "a 'grievance'") shall first be submitted in writing to the Superintendent/Superintendent or designate and to the Coordinator of Teacher Welfare as of the case may beAssociation and copied to the Chairperson of the Teacher Welfare Committee (TWC) of the Association Local No. 15. Such written submission grievance shall be made submitted in writing within 20 twenty (20) days from the date of the incident giving rise to the grievance or from the date the grievor griever first has knowledge of the incident, whichever is later. Such grievance later and shall set out the nature of the grievance and grievance, the articles of this agreement which it is alleged to have been violated. Both the teacher violated and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representativeremedy sought.
16.2 (Step 2) 16.3 In the event the grievance is not settled within twenty fifteen (2015) days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five (5) days have elapsed lapsed from the expiration of the aforesaid twenty fifteen (2015) day time period, the grievance shall be referred in writing to the Secretary-Treasurer of the School Jurisdiction, the President of the local of the Association and the Chairperson of the TWC of the Association Local No. 15 who in turn shall notify their respective grievance committee at which time a grievance meeting will be scheduled. The committee.
16.3.1 Such grievance committee shall be composed of two (2) representatives of the School DivisionJurisdiction and two (2) representatives of the Association. A quorum of this committee shall consist of all members. The grievance committee shall meet and endeavor to resolve the grievance and shall render their its decision in respect of the grievance within 25 twenty-one (21) days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by unanimous consent of the grievor and the School Division representatives that grievance committee; the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) . If the grievance is not resolved with committee reaches a unanimous decision as to the response disposition of any grievance, that decision shall be final and binding.
16.4 If the grievance committee does not reach a unanimous or if the grievance committee fails to provide a any decision within the said time time, then either party may may, by written notice served on the other party party, require the establishment of an arbitration board as hereinafter provided. Such notice must shall be given within 10 fifteen (15) days after the date of the aforesaid 25 twenty-one (21) day limit expires or the date the grievance committee renders their other than a unanimous decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.5 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten five (105) days of the appointment of the second (2nd) of them them, appoint a third (3rd) person who shall be the chairmanchairperson. In the event of any failure to appoint a chairmanappoint, either any party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 16.6 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.7 The arbitration board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions provision of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.5 16.8 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher employee affected by it. If there is not a majority, the decision of the chairman chairperson governs and it shall be deemed to be the award of the board.
16.5.1 16.9 The arbitration board shall give its decision not later than 14 fourteen (14) days after the appointment of the chairman, provided, provided however, that this time period may be extended by written consent of the parties.
16.6 16.10 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses expense of the chairman.
16.7 16.11 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidaysexclude school calendar non-operational days.
16.8 16.12 In the event, at any stage, stage of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits specified, the grievance shall be deemed to be at an end.
16.9 16.13 Any of the aforesaid time limits may be extended at any stage with the upon written consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher Employee covered by this agreement and the School DivisionJurisdiction, or, or in a proper case, case between the Local of The Association and the School DivisionJurisdiction, concerning the interpretation, application, operation, operation or alleged violation of this agreement agreement, and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided provided, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) Such a difference 16.2 A differences (hereinafter called a '"grievance'") between an Employee covered by this Agreement and the School Jurisdiction who shall first be submitted in writing to the Superintendent/designate and Secretary-Treasurer of the School Jurisdiction who shall forward it to the President of the Local Association., who shall forward it to the Coordinator of Teacher Welfare as of the case may beAssociation. Such written submission shall be made within 20 fifteen (15) teaching days from the date of the incident giving rise to the grievance or from the date the grievor griever first has had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance and grievance, the articles of this agreement which it is alleged to have been violated. Both , and the teacher remedy sought.
16.3 In the case of a difference between the Association and the School DivisionJurisdiction, or their representativeseither party may institute a grievance by, shall meet in the case of the Association, forwarding written particulars of the grievance to resolve the dispute Secretary-Treasurer with a copy to the Superintendent of Schools of the School Jurisdiction and in the case of the School Jurisdiction, by forwarding particulars of the grievance to the Coordinator of Teacher Welfare of the Association within 10 fifteen (15) days of the receipt date of the grievance notice. In the event that incident giving rise to the grievance concerns matters of salary, or the School Division agrees to provide relevant payroll records if requested by date the grievor or his representativereasonably became aware of the incident giving rise to the grievance.
16.2 (Step 2) 16.4 In the event the grievance is not settled within twenty fifteen (2015) teaching days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five ten (510) teaching days have elapsed from the expiration of the aforesaid twenty fifteen (2015) teaching day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduled. The grievance committee shall be composed of representatives of the School Division. The grievance committee shall render their decision in respect of the grievance within 25 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by the grievor and the School Division representatives that the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) If the grievance is not resolved with the response of the grievance committee or if the grievance committee fails to provide a decision within the said time then either party may may, by written notice served on the other party party, require the establishment of an arbitration board Arbitration Board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 25 day limit expires or the date the grievance committee renders their decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.5 Each party shall appoint one (1) member as its representative on the arbitration board Arbitration Board within seven (7) teaching days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten five (105) teaching days of the appointment of the second of them them, appoint a third person who shall be the chairmanchairperson. In the event of any failure to appoint a chairman, chairperson either party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 16.6 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board Arbitration Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.7 The arbitration board Arbitration Board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.5 16.8 The findings and decision of a majority is the award of the arbitration board Arbitration Board and is final and binding upon the parties and upon any teacher Employee affected by it. If there is not a majority, the decision of the chairman chairperson governs and it shall be deemed to be the award of the boardArbitration Board.
16.5.1 16.9 The arbitration board Arbitration Board shall give its decision not later than 14 fourteen (14) teaching days after the appointment of the chairman, chairperson provided, however, that this time period may be extended by written consent of the parties.
16.6 . Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses expense of the chairmanchairperson.
16.7 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.
16.8 16.10 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the boardArbitration Board) the grieving party fails to take the necessary action within the time limits limit specified, the grievance shall be deemed to be at an end.
16.9 16.11 Any of the aforesaid time limits may be extended at any stage with the upon written consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher employee covered by this agreement Collective Agreement and the School Division, or, Employer or in a proper case, case between the Local of The Association and the School Division, Employer concerning the interpretation, application, operation, operation or alleged violation of this agreement Collective Agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided follows, without stoppage of work or refusal to perform work.
16.1.1 (Where any references in clauses 16.1 to 16.6 inclusive are to a period of days, such period shall be exclusive of Saturdays, Sundays, statutory and Employer declared holidays.
16.1.2 Step 1) "A" - Such a difference (hereinafter called "a 'grievance'") shall first be promptly submitted in writing to the Superintendent/designate secretary of the Employer and to the Coordinator chair of the Teacher Welfare Committee of the Association as the case may be. Such written submission shall be made within 20 30 days from the date of the incident giving rise to the grievance or from the date the grievor griever first has had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance and grievance, the articles Articles of this agreement Collective Agreement which it is alleged to have been violated. Both the teacher violated and the School Division, remedy sought. It shall be the responsibility of the respondent of the grievance to arrange a meeting with the griever or their representatives, shall meet to resolve the dispute representative within 10 days of the receipt receiving notice of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representativegrievance.
16.2 (16.1.3 Step 2) "B" - In the event the grievance is not settled within twenty (20) 15 days after the date of submission of the grievance in accordance with the above procedureStep "A", then on or before a further five (5) days have elapsed from the expiration of the aforesaid twenty (20) 15 day time period, the grievance shall be referred in writing by the griever specifically and at the same time to the following: the chairman of the teacher's grievance committee, the chairman of the Employer grievance committee at which time a grievance meeting will be scheduled. The and the secretary- treasurer of the Employer.
16.1.4 Such grievance committee shall be composed of two representatives of the School DivisionEmployer and two representatives of the Association. The chairman of the responding party shall contact the chairman of the grieving party to set an appropriate date, place and time to meet in order to attempt to resolve the dispute. The grievance committee shall render their its decision in respect of the grievance within 25 21 days following the receipt of the submission. If the grievance committee reaches a unanimous decision as to the disposition of the grievance, that decision shall be final and binding.
16.1.5 Step "C" - In the event the grievance committee does not meet within 21 days following the receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by or in the grievor and event the School Division representatives that the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) If the grievance is said committee does not resolved with the response of the grievance committee or if the grievance committee fails to provide reach a unanimous decision within the said time time, then either party Party may by written notice served on the other party require the establishment of an arbitration board Arbitration Board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 25 21- day time limit expires or the date if the grievance committee renders their fails to render a unanimous decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.2 Each party Party shall appoint one (1) member as its representative on the arbitration board Arbitration Board within seven (7) days of such notice and the two members shall so inform endeavor to select an independent chairman.
16.3 If the other party of its appointee. The two (2) members so appointed shall, fail to select a chairman within ten (10) five days after the day on which the latter of the appointment of the second of them appoint a third person who two members is appointed, they shall be the chairman. In the event of any failure to appoint a chairman, either party may request the Director of Mediation Services to make the necessary appointmentselect a chairman.
16.3.1 16.4 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board Arbitration Board shall determine its own procedure but shall give full opportunity to all parties Parties to present evidence and to be heard.
16.4 16.5 The arbitration board Arbitration Board shall not change, amend, modify or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreementCollective Agreement.
16.5 16.6 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the board.
16.5.1 The arbitration board Arbitration Board shall give its decision not later than 14 days after the appointment of the chairman, provided, however, that this time period may be extended by written chairman except with the consent of the partiesEmployer and the Association, by whose joint consent only shall such limitations of time be extended. The findings and decisions of a majority of an Arbitration Board shall be the findings and decisions of the Arbitration Board and shall be binding on the Parties.
16.6 16.7 Each party Party to the a grievance shall bear the expense expenses of its respective appointee nominee and the two (2) parties Parties shall bear equally the expenses of the chairman.
16.7 All 16.8 The purpose of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdaysis to ensure that all grievances are processed properly and expeditiously. Therefore, Sundays and statutory holidays.
16.8 In strict adherence to the event, at any stage, provisions of the aforesaid grievance procedure (except in respect is mandatory. If the respondent fails to comply with the provisions of appointing persons the grievance procedure, the grievance may be processed to the board) next step. If the grieving party griever fails to take comply with the necessary action within provisions of the time limits specifiedgrievance procedure, the grievance shall be deemed to be at an end.
16.9 Any of the aforesaid time considered abandoned. Time limits may only be extended at any stage with by the written consent agreement of the partiesboth Parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher an employee covered by this agreement Agreement and the School Division, or, in a proper case, or between the Local of The Association and the School Division, concerning the interpretation, application, operation, or alleged violation of the locally bargained items in this agreement and further including any dispute as to whether the difference is arbitrableAgreement, shall be dealt with as herein provided without stoppage follows:
16.2 In the case of work or refusal to perform work.
16.1.1 (Step 1) Such a difference between an employee and the School Division, such difference (hereinafter called a '“grievance'”) shall first be submitted in writing to the Superintendent/designate Secretary-Treasurer of the School Division and to the Coordinator of Teacher Welfare as of the case may beAssociation. Such written submission shall be made within 20 twenty (20) days from of the date of the incident, giving rise to the grievance or the date the grievor reasonably became aware of the incident giving rise to the grievance. Such written submission shall set out the nature of the grievance, the articles of this Agreement that it alleges to have been violated and the remedy sought. The respondent shall render their decision within twenty (20) days.
16.3 In the case of a difference between the Association and the School Division, either party may institute a grievance by, in the case of the Association, forwarding written particulars of the grievance to the Superintendent of Schools of the School Division, and in the case of the School Division, by forwarding particulars of the grievance to the Coordinator of Teacher Welfare of the Alberta Teacher’s’ Association within twenty (20) days of the date of the incident giving rise to the grievance or from the date the grievor first has knowledge reasonably became aware of the incident, whichever is later. Such grievance shall set out incident giving rise to the nature of the grievance and the articles of this agreement which it is alleged to have been violated. Both the teacher and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representativegrievance.
16.2 (Step 2) 16.4 In the event the grievance is not settled within twenty (20) days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five ten (510) days have elapsed from the expiration of the aforesaid twenty (20) day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduled. The grievance committee shall be composed of representatives of the School Division. The grievance committee shall render their decision in respect of the grievance within 25 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by the grievor and the School Division representatives that the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) If the grievance is not resolved with the response of the grievance committee or if the grievance committee fails to provide a decision within the said time then either party may may, by written notice served on the other party party, require the establishment of an arbitration board Arbitration Board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 25 day limit expires or the date the grievance committee renders their decision, whichever is shorter.
16.2.2 No meeting under 16.5 By mutual consent the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor School Division and the grievance committee.
16.3 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten (10) days of the appointment of the second of them appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman, either party Alberta Teachers Association may request the Director of Mediation Services to make the necessary appointment.
16.3.1 The parties may agree elect to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 The arbitration board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination way of a subject matter not covered by, or arising during the term of this agreement.
16.5 The findings sole arbitrator and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the board.
16.5.1 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman, provided, however, that this time period may be extended by written consent of the partieswithout nominees.
16.6 Each party to By mutual consent the grievance shall bear the expense of its respective appointee School Division and the two (2) parties shall bear equally the expenses of the chairmanAlberta Teachers Association may elect to retain a mediator and engage in voluntary mediation prior to arbitration.
16.7 All Where any such reference in Clause 16.1-16.6 inclusive are to a period of the aforesaid time limits referred to in the grievance procedure days, such period shall be exclusive of Saturdays, Sundays Sundays, and statutory other holidays. Any of the aforesaid time limits may be extended at any stage upon written consent of the parties.
16.8 In the event, at any stage, stage of the aforesaid procedure (except in respect of appointing persons to the boardBoard) the grieving party a griever fails to take the necessary action within the time limits limit specified, the grievance shall be deemed to be at an end. Should the School Division fail to respond to the griever within the specified time period, the griever may process the grievance to the next step in the procedure.
16.9 Any of the aforesaid time limits may be extended at any stage with the written consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between the parties, any teacher employee covered by this agreement and the School Division, or, Division or in a proper case, case between the Local of The Association and the School Division, Division concerning the interpretation, application, operation, operation or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided follows, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) "A" - Such a difference (hereinafter called "a 'grievance'") shall first be submitted in writing to the Superintendent/designate and to superintendent of schools, the Coordinator chairperson of the Teacher Welfare as committee of the case may beteachers of Wild Rose School Division, and the coordinator of teacher welfare of the Association. Such written submission shall be made within 20 30 days from the date of the incident giving rise to the grievance or from the date the grievor first has had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance and grievance, the articles of this agreement which it is alleged to have been violated. Both the teacher violated and the School Division, remedy sought. It shall be the responsibility of the respondent of the grievance to arrange a meeting with the grievor or their representatives, shall meet to resolve the dispute representative within 10 days of receiving notice of the grievance, if a meeting is requested. The respondent shall review the grievance and within 15 days of receipt of the grievance notice. In shall render a decision in writing to the event that the grievance concerns matters of salarygrievor, the School Division agrees to provide relevant payroll records if requested by chairperson of the grievor or his representativeTeacher Welfare committee and the coordinator of teacher welfare.
16.2 (16.1.2 Step 2) "B" – In the event the grievance is not settled within twenty (20) days after the date of submission decision of the grievance in accordance with the above procedure, then on or before a further five (5) days have elapsed from the expiration of the aforesaid twenty (20) day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduled. The grievance committee shall be composed of representatives of the School Division. The grievance committee shall render their decision in respect of the grievance within 25 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement by the grievor and the School Division representatives that the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) If the grievance is not resolved with the response of the grievance committee or if the grievance committee respondent fails to provide a decision within resolve the said time grievance, then either party may by written notice served on the other party require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 20 days after the date of receipt of the aforesaid 25 day limit expires or the date the grievance committee renders their respondent’s written decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.2 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) days of such notice and the two members shall so inform endeavor to select an independent chairperson.
16.3 If the other party of its appointee. The two (2) members so appointed shall, fail to select a chairperson within ten (10) five days after the day on which the latter of the appointment of the second of them appoint a third person who two members is appointed, they shall be the chairman. In the event of any failure to appoint a chairman, either party may request the Director of Mediation Services Services—Alberta Human Resources and Employment to make the necessary appointmentselect a chairperson.
16.3.1 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 16.4 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.5 The arbitration board shall not change, amend, modify or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.5 16.6 The findings and decision of a majority is the award decisions of the arbitration board and is final and binding upon the parties and upon any teacher affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the board.
16.5.1 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman, provided, however, that this time period may be extended by written consent of binding on the parties.
16.6 16.7 Each party to the a grievance shall bear the expense expenses of its respective appointee nominee and the two (2) parties shall bear equally the expenses of the chairmanchairperson.
16.7 All of the aforesaid time limits referred 16.8 References to days in the grievance procedure shall be clauses 16.1.1 through 16.3 are exclusive of Saturdays, Sundays Sundays, statutory and statutory holidaysSchool Division declared holidays as well as the months of July and August.
16.8 In the event, at any stage, 16.9 The purpose of the aforesaid grievance procedure (except in respect is to ensure that all grievances are processed properly and expeditiously. If the respondent fails to comply with the provisions of appointing persons the grievance procedure, the grievance may be processed to the board) next step. If the grieving party grievor fails to take comply with the necessary action within provisions of the time limits specifiedgrievance procedure, the grievance shall be deemed to be at an end.
16.9 Any of the aforesaid time considered abandoned. Time limits may only be extended at any stage with by the written consent agreement of the both parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any teacher employee covered by this agreement Agreement and the School Division, or, or in a proper case, case between Local No. 1 of the Local of The Alberta Teachers' Association and the School Division, Division concerning the interpretation, application, operation, operation or alleged violation of this agreement Agreement, and further further, including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided provided, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) 16.2 Such a difference (hereinafter called "a 'grievance'") shall first be submitted in writing to the Superintendent/designate Secretary Treasurer of the School Division and to the Coordinator of Teacher Welfare Committee Chair Local No. 1 of the Alberta Teachers' Association, as the case may be. Such written submission shall be made within 20 fifteen (15) days from the date of the incident giving rise to the grievance or from the date the grievor first has had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance and the articles of this agreement Agreement which it is alleged to have been violated. Both the teacher and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representative.
16.2 (Step 2) 16.3 In the event the grievance is not settled within twenty fifteen (2015) days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five (5) days have elapsed from the expiration of the aforesaid twenty fifteen (2015) day time period, the grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduled. The committee.
16.4 Such grievance committee shall be composed of two (2) representatives of the School DivisionBoard of Trustees. A quorum of this committee shall consist of all members. The grievance committee shall meet and endeavour to resolve the grievance and shall render their its decision in respect of the grievance within 25 twenty-one (21) days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is where, by mutual agreement by consent of the grievor grievance committee and the School Division representatives that grievor, the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) If the grievance is not resolved with the response . The decision of the grievance committee or if shall be provided to the grievor in writing within five (5) days of the meeting.
16.5 If the grievance committee fails to provide a decision within the said time is unsatisfactory, then either party may by written notice served on the other party party, require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 ten (10) days after the date of the aforesaid 25 twenty-one (21) day limit expires or the date the grievance committee renders their its decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.6 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within ten five (105) days of the appointment of the second of them them, appoint a third person who shall be the chairmanchair. In the event of any failure to appoint a chairmanchair, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 16.7 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.7.1 The arbitration board shall not change, amend, or alter any of the terms of this agreementAgreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement Agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreementAgreement.
16.5 16.7.2 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher employee affected by it. If there is not a majority, the decision of the chairman governs chair governs, and it shall be deemed to be the award of the board.
16.5.1 16.7.3 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman, provided, however, that this time period may be extended by written consent of the parties.
16.6 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses of the chairman.
16.7 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.
16.8 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits specified, the grievance shall be deemed to be at an end.
16.9 Any of the aforesaid time limits may be extended at any stage with the written consent of the parties.fourteen
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between A grievance is defined as any teacher covered by this agreement and the School Division, or, in a proper case, between the Local dispute arising out of The Association and the School Division, concerning the interpretation, application, operation, administration or alleged violation of this agreement Collective Agreement, and further further, including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided with, without stoppage of work or refusal to perform work, as follows:
16.2 Any reference to a period of days excludes Saturdays, Sundays and non- operational or holiday days.
16.1.1 16.3 Step One (Step 1) Initial Conflict Resolution Procedure)
16.3.1 Such a difference (difference, hereinafter called “a 'grievance') ”, shall first be submitted in writing to by the Superintendent/designate and to the Coordinator of Teacher Welfare as the case may be. Such written submission shall be made grievor within 20 fifteen (15) days from the date of the incident or situation giving rise to the grievance grievance, or from the date the grievor first has had knowledge of the incident, whichever is later. Such grievance shall be submitted to the Superintendent of the School Division, and Teacher Welfare Committee (TWC) Chair, of the Local, of The Association. The superintendent and or out of scope designate shall meet with the grievor and or the Association representative within ten (10) days of the submission of the grievance, should the grievor request a meeting. The Superintendent will provide a response to the grievor, in writing, with a copy to the Teacher Welfare Committee Chair of the Local of Association within a further ten (10) days of the meeting or submission of the grievance, as applicable.
16.4 Step Two (Grievance procedure)
16.4.1 If the grievor is not satisfied with the disposition of the grievance, or if no decision has been rendered within ten (10) days after the presentation of the grievance to the Superintendent, the grievor shall file the grievance in writing to the Superintendent of the School Division and Teacher Welfare Committee Chair of the Local of The Association. Such submission shall be made within fifteen (15) days after the grievor receives the written outcome. Such submission shall set out the particulars regarding the nature of the grievance and grievance, the articles of this agreement which it is alleged to have been violated. Both the teacher , and the remedy sought.
16.4.2 On notice of a grievance, the Superintendent and Chair of the TWC shall strike a grievance committee consisting of three (3) members of the School DivisionDivision and three (3) representatives of the Association to interpret, or their representatives, consider and render a decision as to the disposition of the grievance. The Superintendent and Chair of the TWC will set a meeting date for the committee within ten (10) days and the committee shall meet to resolve the dispute give its decision within 10 twenty-one (21) days of following the receipt of the grievance noticegrievance. In If the event decision cannot be rendered in that the grievance concerns matters of salarytime, the School Division agrees to provide relevant payroll records if requested by the grievor or his representative.
16.2 (Step 2) In the event the grievance is not settled within twenty (20) days after the date of submission Chairperson of the grievance committee shall notify the grievor in accordance with the above procedure, then on or before a further five (5) days have elapsed from the expiration writing of the aforesaid twenty (20) day time period, reasons for any delay in disposing of the grievance shall be referred in writing to grievance.
16.4.3 A quorum of the grievance committee at which time a grievance meeting will be scheduledshall consist of all members. The grievance committee shall be composed of representatives of the School Divisionmeet and select a chairperson from its membership. The grievance committee shall render their decision in respect of endeavour to resolve the grievance within 25 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement where by unanimous consent of the grievor and the School Division representatives that grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) . If the grievance is not resolved with committee reaches a unanimous decision as to the response disposition of any grievance, that decision shall be final and binding.
16.5 Step Three (Arbitration Procedure)
16.5.1 If the grievance committee does not reach a unanimous or if the grievance committee fails to provide a decision within the said time then any decision, either party may may, by written notice served on the other party within ten (10) days after the date on which the committee voted on the disposition of the grievance or within ten (10) days after the expiration of the said period of twenty-one (21) days, whichever is shorter, require the establishment of an arbitration board Arbitration Board as hereinafter provided. Such If such notice must is not served within the time limit, the grievance shall be given within 10 days after deemed to be at an end. The parties may by mutual agreement, consent to postpone the date hearings of the aforesaid 25 day limit expires or the date the grievance committee renders their decision, whichever is shorterArbitration Board.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.5.2 Each party shall appoint one (1) member as its representative on the arbitration board Arbitration Board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, will endeavour to select an independent Chairperson. If the two (2) members fail to select a Chairperson within ten seven (107) days of the appointment of the second of them appoint a third person who shall be the chairman. In the event of any failure to appoint a chairmandays, either party may request the Director of Mediation Services to make the necessary appointmentselect a Chairperson.
16.3.1 16.5.3 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board Arbitration Board shall determine its own procedure procedures but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.5.4 The arbitration board Arbitration Board shall not change, amend, modify or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.5 16.5.5 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the board.
16.5.1 The arbitration board Arbitration Board shall give its decision decisions not later than 14 days after the appointment of the chairman, provided, however, that this time period may be extended by written consent of the parties.
16.6 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses of the chairman.
16.7 All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.
16.8 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits specified, the grievance shall be deemed to be at an end.
16.9 Any of the aforesaid time limits may be extended at any stage with the written consent of the parties.fourteen
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any difference between any a teacher covered by this agreement Agreement and the School Division, or, in a proper case, or between the Local local of The the Association and the School Division, Division concerning the interpretation, application, operation, operation or alleged violation of this agreement Agreement, and further including any dispute as to whether the difference is arbitrablearbitral, shall must be dealt with as herein provided follows, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) Such a 16.2 The difference (hereinafter called a 'the grievance') shall first must be submitted in writing to the Superintendent/designate Secretary–Treasurer of the School Division and to the Coordinator Secretary of Teacher Welfare as the case may belocal Association. Such The written submission shall be made delivered within 20 15 days from the date of the incident giving rise to the grievance or from the date the grievor griever first has had knowledge of the incident, whichever is later. Such grievance shall set out The submission must explain the nature of the grievance grievance, and the articles article of this agreement Agreement, which it is alleged to have been violated. Both the teacher and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representative.
16.2 (Step 2) In the event 16.3 If the grievance is not settled within twenty (20) 15 days after the date of submission of the grievance in accordance with the above proceduregrievance, then on or before a further five (5) 5 days have elapsed from the expiration of the aforesaid twenty (20) 15 day time period, period the grievance shall must be referred in writing to the grievance committee at which time a grievance meeting will be scheduledcommittee. The grievance committee shall must be composed of two representatives of the School DivisionDivision and two representatives of the local Association. A quorum of this committee must consist of all members. The grievance committee shall render their must meet and give its decision in respect of to the grievance within 25 21 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement where by unanimous consent of the grievor and the School Division representatives that grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) . If the grievance is not resolved with committee reaches a unanimous decision as to the response disposition of any grievance, that decision shall be final and binding.
16.4 If the grievance committee does not reach a unanimous or if the grievance committee fails to provide a any decision within the said time time, then either party may by written notice served on the other party require the establishment of an arbitration board as hereinafter providedboard. Such notice must be given within 10 days after the date of the aforesaid 25 expiry of the 21 day limit expires or the date the grievance committee renders their decision, whichever is shorterlimit.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.5 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) 7 days of such notice and shall so must inform the other party of its appointee. The two (2) members so appointed shallmust, within ten (10) 5 days of the appointment of the second of them them, appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman, chairman either party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 16.6 The arbitration board shall determine its own procedure but shall must give full opportunity to all parties to present evidence and to be heard.
16.4 16.7 The arbitration board shall must not change, amend, or alter any of the terms of this agreementAgreement. All grievances or differences submitted shall present an arbitrable issue under this agreementAgreement, and shall must not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement Agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreementAgreement.
16.5 16.8 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the arbitration board.
16.5.1 16.9 The arbitration board shall give its decision not no later than 14 days after the appointment of the chairman, provided, however, that this time period may be extended by written consent of the parties.
16.6 . Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses expense of the chairman.
16.7 All of the aforesaid 16.10 The time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays Sundays, statutory holidays and statutory holidaysvacation periods.
16.8 In the event16.11 If, at any stage, stage of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits limit specified, the grievance shall be deemed to be at an end.
16.9 16.12 Any of the aforesaid time limits in the grievance procedure may be extended at any stage with upon the written consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 For the purpose of this agreement, a grievance is defined as any difference between the parties concerning the interpretation, application, administration or alleged violation of this Collective Agreement.
16.2 Any difference between any teacher an employee covered by this agreement and the School DivisionEmployer, or, in a proper case, between the Local of The Association and the School DivisionEmployer concerning a grievance, concerning the interpretation, application, operation, or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided follows, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) 16.3 Such a difference (hereinafter called a 'grievance') grievance shall first be submitted in writing to agent of the Superintendent/designate Employer and to the Coordinator chairperson of the Teacher Welfare as the case may beCommittee (TWC). Such written submission shall be made within 20 fifteen (15) days from the date of after the incident giving rise to the grievance or from the date the grievor griever first has reasonably should have had knowledge of the incident, whichever is later. Such grievance notice shall set out the nature and particulars of the grievance and grievance, the articles Articles of this agreement which it is are alleged to have been violated. Both the teacher violated and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representativeremedy sought.
16.2 (Step 2) 16.4 In the event the grievance is not settled within twenty (20) days after the date of submission of the grievance in accordance with the above procedure, then on or before procedure and a further five response given within fifteen (515) days have elapsed from the expiration by an agent of the aforesaid twenty (20) day time periodEmployer, the this grievance shall be referred in writing to the grievance committee at which time a grievance meeting will be scheduledcommittee. The Such grievance committee shall be composed of representatives three (3) Employer members. A quorum of the School Divisionthis committee shall consist of all members. The grievance committee shall meet and endeavor to resolve the grievance and shall render their its decision in respect of the grievance within 25 fifteen (15) days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement where by majority consent of the grievor and the School Division representatives that grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information.
16.2.1 (Step 3) . If the grievance is not resolved with committee reaches a majority decision as to the response disposition of any grievance, this shall be the position of the grievance committee Employer.
16.5 If the Grievance Committee does not reach a decision, or if the grievance committee fails to provide a decision within is denied by the said time then Committee, either party to this collective agreement may by written notice served on the other party require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 ten (10) days after the date of the aforesaid 25 fifteen (15) day limit expires or the date the grievance committee renders their a decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.6 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shallappointed, shall within ten five (105) days of the appointment of the second of them appoint a third person who shall be the chairmanchairperson. In the event of any failure to appoint a chairmanappoint, either any party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 16.7 The arbitration board shall determine its own procedure procedure, but shall give full opportunity to all parties to present evidence and to be heard.
16.4 16.8 The arbitration board shall not change, amend, amend or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable arbitratable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, by or arising during the term of this agreement.
16.5 16.9 The findings finding and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any teacher employee affected by it. If there is not a majority, the decision of the chairman chairperson governs and it shall be deemed to be the award of the board.
16.5.1 16.10 The arbitration board shall give its decision not later than 14 fourteen (14) days after the appointment of the chairman, chairperson provided, however, that this time period may be extended by written consent of the parties.
16.6 16.11 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expenses expense of the chairmanchairperson.
16.7 All 16.12 For the purpose of the aforesaid time limits referred to in the grievance procedure this Article, days shall be defined as consecutive calendar days but be exclusive of Saturdays, Sundays and or statutory holidays.
16.8 16.13 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits limit specified, the grievance shall be deemed to be at an end.
16.9 16.14 Any of the aforesaid time limits may be extended at any stage with the upon written consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 For the purpose of this agreement, a grievance is defined as any difference between the Parties concerning the interpretation, application, administration or alleged violation of this Collective Agreement.
16.2 Any difference between any teacher an employee covered by this agreement and the School DivisionEmployer, or, in the proper case between a proper case, between representative of the Local of The Association and the School Division, Employer concerning the interpretation, application, operation, or alleged violation of this agreement a grievance and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided follows, without stoppage of work or refusal to perform work.
16.1.1 (Step 1) 16.3 Such a difference (hereinafter called a 'grievance') grievance shall first be submitted in writing to the Superintendent/designate Secretary-Treasurer of the Employer and to the Coordinator secretary of the Teacher Welfare as the case may beCommittee (TWC). Such written submission shall be made within 20 15 days from the date of after the incident giving rise to the grievance or from the date the grievor first has knowledge of the incident, whichever is latergrievance. Such grievance notice shall set out the nature and particulars of the grievance and grievance, the articles of this agreement which it is alleged to have been violated. Both the teacher violated and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representativeremedy sought.
16.2 (Step 2) 16.4 In the event the grievance is not settled within twenty (20) 15 days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five (5) days have elapsed from the expiration of the aforesaid twenty fifteen (2015) day time period, the this grievance shall be referred in writing to the chair of the TWC and the Secretary-Treasurer who in turn shall notify the grievance committee at which time a grievance meeting will be scheduledmembers. The Such grievance committee shall be composed of two (2) representatives of the School DivisionEmployer. The grievance committee shall meet and endeavour to resolve the grievance. Each Party and/or their representatives shall be provided the opportunity to appear before the grievance committee. The grievance committee shall render their its decision in respect of the grievance within 25 21 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby there is mutual agreement where by unanimous consent of the grievor and the School Division representatives that Parties the hearing of such grievance is adjourned for the purpose of obtaining further information. The grievance committee’s written decision will be provided to the grievor, the Secretary-Treasurer, the chair of the TWC and the coordinator of Teacher Welfare for the Association.
16.2.1 (Step 3) 16.5 If the grievance grievor is not resolved unsatisfied with the response decision of the grievance committee or if the grievance committee fails to provide a no decision is provided within the said time then either party the grievor or designate may by written notice served on the other party Party require the establishment of an arbitration board Arbitration Board as hereinafter provided. Such notice must be given within 10 days after the date of the aforesaid 25 21 day limit expires or the date the grievance committee renders their a decision, whichever is shorter.
16.2.2 No meeting under the grievance procedure shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 16.6 Each party Party shall appoint one (1) member as its representative on the arbitration board Arbitration Board within seven (7) days of such notice and shall so inform the other party Party of its appointee. The two (2) members so appointed appointed, shall, within ten five (105) days of the appointment of the second of them appoint a third person who shall be the chairman. In the event of any failure to appoint a chairmanappoint, either party any Party may request the Director of Mediation Services to make the necessary appointment.
16.3.1 16.7 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board Arbitration Board shall determine its own procedure procedure, but shall give full opportunity to all parties Parties to present evidence and to be heard.
16.4 16.8 The arbitration board Arbitration Board shall not change, amend, amend or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, agreement and shall not depend on or involve an issue or contention by either party Party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, by or arising during the term of this agreement.
16.5 16.9 The findings finding and decision of a majority is the award of the arbitration board Arbitration Board and is final and binding upon the parties Parties and upon any teacher employee affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the board.
16.5.1 16.10 The arbitration board Arbitration Board shall give its decision not later than 14 days after the appointment of the chairman, chairman provided, however, that this time period may be extended by written consent of the partiesParties.
16.6 16.11 Each party Party to the grievance shall bear the expense of its respective appointee and the two (2) parties Parties shall bear equally the expenses expense of the chairman.
16.7 All 16.12 For the purpose of the aforesaid time limits referred to in the grievance procedure this clause, days shall be exclusive of Saturdays, Sundays and statutory holidaysdefined as “operational” days.
16.8 16.13 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the boardArbitration Board) the grieving party Party fails to take the necessary action within the time limits limit specified, the grievance shall be deemed to be at an end.
16.9 16.14 Any of the aforesaid time limits may be extended at any stage with the upon written consent of the partiesParties.
Appears in 1 contract
Samples: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 Any 14.1 A grievance is defined as any difference between any a teacher or teachers covered by this agreement and the School Division, or, in a proper case, between the Local of The Association and the School Division, Board concerning the interpretation, application, operation, or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided without stoppage of work or refusal to perform work.,
16.1.1 (Step 1) Such a difference (hereinafter called a 'grievance') shall first be submitted in writing to the Superintendent/designate and to the Coordinator of Teacher Welfare as the case may be. Such written submission shall be made within 14.2 Within 20 days from the date of the incident giving rise to prompting the grievance or from the date the grievor first has knowledge of the incidentgrievance, whichever is later. Such grievance shall set out the nature of the grievance and the articles of this agreement which it is alleged to have been violated. Both the teacher and the School Division, or their representatives, shall meet to resolve the dispute within 10 days of the receipt of the grievance notice. In the event that the grievance concerns matters of salary, the School Division agrees to provide relevant payroll records if requested by the grievor or his representative.
16.2 (Step 2) In the event the grievance is not settled within twenty (20) days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five (5) days have elapsed from the expiration of the aforesaid twenty (20) day time period, the grievance shall be referred submit in writing to the Superintendent the precise nature of the alleged grievance, the name of the teacher concerned, the clause of the agreement from which the alleged grievance arises and the relief requested.
14.3 Where a grievance has been filed in accordance with 14.2, the Superintendent shall within 20 days after receipt of the alleged grievance meet with the aggrieved teacher to endeavor to resolve the grievance. The Superintendent shall furnish a written decision to the aggrieved teacher within five days of their meeting.
14.4 If the decision of the Superintendent does not result in a settlement, the aggrieved teacher shall submit the grievance in writing to the Board’s Grievance Committee within 15 days of receipt of the Superintendent. The request for a Board’s grievance committee at which time a grievance meeting will shall be scheduled. submitted to the Superintendent.
14.5 The grievance committee Board’s Grievance Committee shall be composed of two representatives of the School Division. The grievance committee shall render their decision in respect of Board.
14.6 When the grievance within 25 days following receipt Board’s Grievance Committee receives written notice of the submission and of a grievance, in accordance with 14.4, it shall dispose of each grievance before proceeding be required to another, except whereby there is mutual agreement by give its decision within 21 days following the grievor and the School Division representatives that the hearing receipt of such grievance is adjourned for the purpose of obtaining further informationnotice.
16.2.1 (Step 3) 14.7 If the grievance is not resolved with the response decision of the grievance committee or if the grievance committee fails to provide Board’s Grievance Committee does not result in a decision within the said time then settlement, either party may by written notice served on the other party require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 15 days after the date on which the Board’s Grievance Committee notified that parties of the aforesaid 25 day limit expires or disposition of the date grievance, its desire to submit the grievance committee renders their decision, whichever is shorterto arbitration and such notice shall contain the name of the party's nominee.
16.2.2 No meeting 14.8 The party to whom notice is given under the grievance procedure 14.7 shall be held during normal teaching hours, when the grievor or his representative’s attendance is required, except by mutual agreement of the grievor and the grievance committee.
16.3 Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) 15 days after receipt of such notice appoint their nominee and shall so inform notify the other party of its appointee. their nominee.
14.9 The two (2) members so nominees appointed shall, within ten (10) days of in accordance with 14.7 and 14.8 shall appoint an arbitration chairperson agreeable to both parties and these three appointees shall constitute the appointment of the second of them appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman, either party may request the Director of Mediation Services to make the necessary appointmentarbitration board.
16.3.1 14.10 The parties may agree to proceed to arbitration with a single- person arbitration panel. In such cases the Superintendent/designate and Coordinator of Teacher Welfare/designate shall appoint the arbitrator within 10 days of agreement to proceed with a single-person arbitration panel. In the event of any failure to appoint an arbitrator, either single-person arbitration panel. In the event of any failure to appoint an arbitrator, either party may request the Director of Mediation Services to make the necessary appointment.
16.3.2 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.4 The arbitration board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement, and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.5 The findings and decision of a majority is of the award members of the arbitration board shall be the decision of the arbitration board and is final and binding upon the parties and upon any teacher affected by it. If if there is not a no majority, the decision of the chairman governs and it arbitration chairperson shall be deemed to be the award of the boardgovern.
16.5.1 14.11 The arbitration board shall give its decision not later than 14 days after the appointment have no power to add to, subtract from or modify any terms of the chairmanagreement, providedor any other terms made supplemental hereto, however, that or to arbitrate any matter not specifically provided for by this time period may be extended by written consent of the partiesagreement or to enter any new provisions into this agreement.
16.6 14.12 Each party to the grievance shall bear the expense of its respective appointee nominee and the two (2) parties shall bear equally in equal proportions the expenses expense of the chairmanarbitration chairperson.
16.7 All of the aforesaid 14.13 The time limits referred set out herein for the processing of a grievance shall be adhered to except in the case of mutual agreement in writing to alter the time limits. Failure of a teacher or the Board to act within the time limits prescribed herein shall mean the grievance procedure is forfeited or processed to the next step, as the case may be.
14.14 For the purpose of clause 14, "days" shall be mean consecutive days exclusive of Saturdays, Sundays Sundays, holidays and statutory holidaysvacations recognized by the Board.
16.8 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits specified, the grievance shall be deemed to be at an end.
16.9 Any of the aforesaid time limits may be extended at any stage with the written consent of the parties.
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Samples: Collective Agreement
