Common use of Manner of Presentation of a Grievance Clause in Contracts

Manner of Presentation of a Grievance. A grievance presented at any step in the grievance procedure should be set out in writing on the prescribed form in accordance with the instructions contained on the form and handed to the immediate Management supervisor or his replacement. The representative of Management who receives the grievance must sign the form as indicated in the instructions. When the Employer discharges an employee, the grievance procedure will apply except that the grievance may be presented at the first or second step. An employee may, by written notice to the Manager of his area, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of the collective agreement, his withdrawal has the endorsement in writing of the Alliance. Where the grievance relates to the interpretation or application of this Agreement or an arbitral award, the Alliance may, on behalf of any or all of the employees in the bargaining unit, present a grievance at any step in the grievance procedure. The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee, and where appropriate the Alliance representative. A grievance by an employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Grievances relating to disciplinary action, discharge, promotion, demotion or lay-offs and recall in connection with the decrease or increase of the working force must be filed within twenty (20) working days from the date of the alleged incident. Arbitration Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitral or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties may, after exhausting the grievance procedure in this Article, notify the other party in writing within fifteen (15) days of the receipt of the reply at the second step, of its desire to submit the difference or allegation to arbitration. The matter will normally be reviewed by a sole arbitrator, chosen by the parties or where the parties are unable to reach agreement, the appointment shall be made by the Minister of Labour. The process of identifying a sole arbitrator will be initiated within days. Where either party wishes to refer the matter to an arbitration board, that party shall notify the other party within days. The notice shall contain the name of the first party's appointee to an arbitration board. The recipient of the notice shall, within ten days, inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within fifteen (15) days of the appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman within the time limit, the appointment shall be made by the Minister of Labour upon the request of either party. Where the parties have agreed to a sole arbitrator, the sole arbitrator shall be considered to be an arbitration board for the purposes of this article. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chairman governs. The Board shall not have the authority to alter or amend any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to render any decision contrary to the terms and provisions of this Agreement, or to increase or decrease wages, provided however that the Board may nevertheless determine whether an employee has been dismissed or suspended for other than proper cause. In which case, the Board may direct the Employer to reinstate the employee and pay to the employee a sum equal to his wages lost by reason of his dismissal or suspension. The Employer and the Alliance shall each pay one-half (112) of the remuneration and expenses of the Chairman of the Board and each party shall bear its own expenses of every such arbitration. When a party has failed to comply with any of the terms of the decision of the Board of Arbitration, either party or employee affected by the decision may, after the expiration of fourteen (14) days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file in the office of the Registrar of the Federal Court of Canada a copy of the decision, exclusive of the reasons therefor, in the prescribed form, whereupon the decision may be entered in the same way as a judgment or order of that court and may be enforceable as such. Training and Evaluation

Manner of Presentation of a Grievance. A grievance presented at any step in the grievance procedure should be set out in writing on the prescribed form in accordance with the instructions contained on the form and handed to the immediate Management supervisor or his replacement. The representative of Management who receives the grievance must sign the form as indicated in the instructions. When the Employer discharges an employee, the grievance procedure will apply except that the grievance may be presented at the first or second step. An employee may, by written notice to the Manager of his area, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of the collective agreement, his withdrawal has the endorsement in writing of the Alliance. Where the grievance relates to the interpretation or application of this Agreement or an arbitral award, the Alliance may, on behalf of any or all of the employees in the bargaining unit, present a grievance at any step in the grievance procedure. The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee, and where appropriate the Alliance representative. A grievance by an employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Grievances relating to disciplinary action, discharge, promotion, demotion or lay-offs and recall in connection with the decrease or increase of the working force must be filed within twenty (20) working days from the date of the alleged incident. Arbitration Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitral or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties may, after exhausting the grievance procedure in this Article, notify the other party in writing within fifteen (15) days of the receipt of the reply at the second step, of its desire to submit the difference or allegation to arbitration. The arbitration.-The matter will normally be reviewed by a sole arbitrator, chosen by the parties or where the parties are unable to reach agreement, the appointment shall be made by the Minister of Labour. The process of identifying a sole arbitrator will be initiated within days. Where either party wishes to refer the matter to an arbitration board, that party shall notify the other party within days. The notice shall contain the name of the first party's appointee to an arbitration board. The recipient of the notice shall, within ten days, inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within fifteen (15) days of the appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman within the time limit, the appointment shall be made by the Minister of Labour upon the request of either party. Where the parties have agreed to a sole arbitrator, the sole arbitrator shall be considered to be an arbitration board for the purposes of this article. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chairman governs. The Board shall not have the authority to alter or amend any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to render any decision contrary to the terms and provisions of this Agreement, or to increase or decrease wages, provided however that the Board may nevertheless determine whether an employee has been dismissed or suspended for other than proper cause. In which case, the Board may direct the Employer to reinstate the employee and pay to the employee a sum equal to his wages lost by reason of his dismissal or suspension. The Employer and the Alliance shall each pay one-half (112) of the remuneration and expenses of the Chairman of the Board and each party shall bear its own expenses of every such arbitration. When a party has failed to comply with any of the terms of the decision of the Board of Arbitration, either party or employee affected by the decision may, after the expiration of fourteen (14) days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file in the office of the Registrar of the Federal Court of Canada a copy of the decision, exclusive of the reasons therefor, in the prescribed form, whereupon the decision may be entered in the same way as a judgment or order of that court and may be enforceable as such. Training and Evaluation

Manner of Presentation of a Grievance. A grievance presented at any step in the grievance procedure should be set out in writing on the prescribed form in accordance with the instructions contained on the form and handed to the immediate Management supervisor or his replacement. The representative of Management who receives the grievance must sign the form as indicated in the instructions. The Employer will notify the Local Executive of any immediate discharge of an employee in writing, together with the reasons therefor, within forty-eight hours. When the Employer discharges an employee, the grievance griev- ance procedure will apply except that the grievance may be presented at the first or second step. An employee may, by written notice to the Manager of his area, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of the collective agreement, his withdrawal has the endorsement in writing of the Alliance. Where the grievance relates to the interpretation or application applica- tion of this Agreement or an arbitral award, the Alliance may, on behalf of any or all of the employees in the bargaining unit, ‘present a grievance at any step in the grievance procedure. The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee, and where appropriate the Alliance representative. A grievance by an employee shall xxxx not be deemed to be invalid by reason only of the fact that it is not in accordance accor- dance with the form supplied by the Employer. Grievances relating to disciplinary action, discharge, promotion, demotion or lay-offs and recall in connection with the decrease or increase of the working force must be filed within twenty (20) seven working days from the date of the alleged incident. Arbitration Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitral or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties may, after exhausting the grievance procedure in this Article, notify the other party in writing within fifteen (15) days of the receipt of the reply at the second step, of its desire to submit the difference or allegation to arbitration. The matter will normally be reviewed by a sole arbitrator, chosen by the parties or where the parties are unable to reach agreement, the appointment shall be made by the Minister of Labour. The process of identifying a sole arbitrator will be initiated within days. Where either party wishes to refer the matter to an arbitration board, that party shall notify the other party within days. The notice shall contain the name of the first party's ’s appointee to an arbitration board. The recipient of the notice shall, within ten days, inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within fifteen (15) days of the appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman within the time limit, the appointment shall be made by the Minister of Labour upon the request of either party. Where the parties have agreed to a sole arbitrator, the sole arbitrator shall be considered to be an arbitration board for the purposes of this article. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the arbitration arbitra- tion board, but if there is no majority the decision of the chairman governs. The Board shall not have the authority to alter or amend any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to render any decision deci- sion contrary to the terms and provisions of this Agreement, or to increase or decrease wages, provided however that the Board may nevertheless determine whether an employee has been dismissed or suspended for other than proper cause. In which case, the Board may direct the Employer to reinstate the employee and pay to the employee a sum equal to his wages lost by reason of his dismissal or suspension. The Employer and the Alliance shall each pay one-half (112) of the remuneration and expenses of the Chairman of the Board and each party shall bear its own expenses of every such arbitration. When a party has failed to comply with any of the terms of the decision of the Board of Arbitration, either party or employee affected by the decision may, after the expiration expira- tion of fourteen (14) days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file in the office of the Registrar of the Federal Court of Canada a copy of the decision, exclusive of the reasons therefor, in the prescribed form, whereupon the decision may be entered in the same way as a judgment or order of that court and may be enforceable as such. Training and EvaluationEvaluation The parties agree to identify, develop and imple- ment joint training for Union Representatives and management. This training will include solving and conflict resolution. The parties agree that the initial training will be provided within 6 months of signing of the collective agreement and further, on-going or refresher training will be provided at the request of either party. The cost of this training will be borne by management. The parties are committed to meet every 6 months to review their experience with the conflict resolution pro- cess to identify and agree upon measures which will be undertaken to improve this process. ARTICLE

Manner of Presentation of a Grievance. A grievance presented at any step in the grievance procedure should be set out in writing on the prescribed form in accordance with the instructions contained on the form and handed to the immediate Management supervisor or their supervisoror his replacementdelegate. The representative of Management management who receives the grievance must sign the form as indicated in the instructions. The Employer will notify the Union executive board member or his alternate of any immediate discharge of an Employee in writing, together with the reasons therefor, within eight (48) hours of the discharge. When the Employer discharges an employeeEmployee, the grievance procedure will apply except that the grievance may be presented pre- sented at the first or second step. An employee Employee may, by written notice to the Manager of Protective Services or his areadelegate, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of the collective agreementthis Agreement, his withdrawal with- drawal has the endorsement in writing of the Alliance. Where the grievance relates to the interpretation or application of this Agreement or an arbitral award, the Alliance may, on behalf of any or all of the employees in the bargaining unit, present a grievance at any step in the grievance procedure. The time limits stipulated in this the grievance procedure may be extended by mutual agreement between written agreementbetween the Employer and the employeeEmployee, and where appropriate the Alliance representativeUnion executive board member or his alternate. A grievance by an employee Employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Grievances relating to disciplinary action, discharge, promotionpro- motion, demotion or lay-offs and recall in connection with the decrease or increase of the working force must be filed within twenty nine (209) working calendar days from the date of the alleged incident. Arbitration Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitral or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties may, after exhausting the grievance procedure in this Article, notify the other party in writing within fifteen (15) days of the receipt of the reply decision at the second step, Step No. of its desire to submit the difference or allegation to arbitration. The matter will normally be reviewed by a sole arbitrator, chosen by the parties or where the parties are unable to reach agreement, the appointment shall be made by the Minister of Labour. The process of identifying a sole arbitrator will be initiated within days. Where either party wishes to refer the matter to an arbitration board, that party shall notify the other party within days. The notice shall contain the name of the first party's ’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days, inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within fifteen (15) days of the appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbitratorarbi- trator, or if the two appointees fail to agree upon a chairman within the time limit, the appointment shall be made by the Minister of Labour upon the request of either party. Where the parties have agreed to a sole arbitrator, the sole arbitrator shall be considered to be an arbitration board for the purposes of this articleArticle. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee Employee affected by it. The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chairman Chairman governs. The Board arbitration board shall not have the authority to alter or amend any of the provisions of this Agreement, or to substitute sub- stitute any new provisions in lieu thereof, or to render any decision contrary to the terms and provisions of this Agreement, or to increase or decrease wages, provided however that the Board arbitration board may nevertheless determine whether an employee Employee has been dismissed or suspended sus- pended for other than proper cause. In which case, the Board arbi- tration board may direct the Employer to reinstate the employee Employee and pay to the employee Employee a sum equal to his wages lost by reason of his dismissal or suspension. The Employer and the Alliance shall each pay one-half (112) of the remuneration and expenses of the Chairman of the Board arbi- tration board or sole arbitrator, as the case may be, and each party shall bear its own expenses of every such arbitration. When a party has failed to comply with any of the terms of the decision of the Board of Arbitrationarbitration board, either party or employee Employee affected by the decision may, after the expiration of fourteen (14) days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file in the office of the Registrar of the Federal Court of Canada a copy of the decision, exclusive of the reasons therefor, in the prescribed form, whereupon the decision may be entered in the same way as a judgment or order of that court and may be enforceable as such. Training and EvaluationThe Chairman of the arbitration board or a sole arbitrator, as the case may be, may mediate the differences between the parties at any stage in the arbitration proceedings with the consent of the parties. If mediation is not successful,the arbi- tration board or sole arbitrator, as the case may be, retains the authority to determine the differences between the parties by arbitration. ARTICLE

Manner of Presentation of a Grievance. A grievance presented at any step in the grievance procedure should be set out in writing on the prescribed form in accordance with the instructions contained on the form and handed to the immediate Management supervisor or his replacement. The representative of Management who receives the grievance must sign the form as indicated in the instructions. The Employer will notify the Local Executive of any immediate discharge of an employee in writing, together with the reasons therefor, within forty-eight hours. When the Employer discharges an employee, the grievance procedure will apply except that the grievance may be presented at the first or second step. An employee may, by written notice to the Manager of his area, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of the collective agreement, his withdrawal has the endorsement in writing of the Alliance. Where the grievance relates to the interpretation or application of this Agreement or an arbitral award, the Alliance may, on behalf of any or all of the employees in the bargaining unit, present a grievance at any step in the grievance procedure. The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee, and where appropriate the Alliance representative. A grievance by an employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Grievances relating to disciplinary action, discharge, promotion, demotion or lay-offs and recall in connection with the decrease or increase of the working force must be filed within twenty (20) seven working days from the date of the alleged incident. Arbitration Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitral or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties may, after exhausting the grievance procedure in this Article, notify the other party in writing within fifteen (15) days of the receipt of the reply at the second step, of its desire to submit the difference or allegation to arbitration. The matter will normally be reviewed by a sole arbitrator, chosen by the parties or where the parties are unable to reach agreement, the appointment shall be made by the the. Minister of Labour. The process of identifying a sole arbitrator will be initiated within days. Where either party wishes to refer the matter to an arbitration board, that party shall notify the other party within days. The notice shall contain the name of the first party's ’s appointee to an arbitration board. The recipient of the notice shall, within ten days, inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within fifteen (15) days of the appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman within the time limit, the appointment shall be made by the Minister of Labour upon the request of either party. Where the parties have agreed to a sole arbitrator, the sole arbitrator shall be considered to be an arbitration board for the purposes of this article. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chairman governs. The Board shall not have the authority to alter or amend any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to render any decision contrary to the terms and provisions of this Agreement, or to increase or decrease wages, provided however that the Board may nevertheless determine whether an employee has been dismissed or suspended for other than proper cause. In which case, the Board may direct the Employer to reinstate the employee and pay to the employee a sum equal to his wages lost by reason of his dismissal or suspension. The Employer and the Alliance shall each pay one-half (112) of the remuneration and expenses of the Chairman of the Board and each party shall bear its own expenses of every such arbitration. When a party has failed to comply with any of the terms of the decision of the Board of Arbitration, either party or employee affected by the decision may, after the expiration of fourteen (14) days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file in the office of the Registrar of the Federal Court of Canada a copy of the decision, exclusive of the reasons therefor, in the prescribed form, whereupon the decision may be entered in the same way as a judgment or order of that court and may be enforceable as such. Training and Evaluation

Manner of Presentation of a Grievance. A grievance presented at any step Step in the grievance procedure should be set out in writing on a form agreed upon by the prescribed form in Company and the Alliance and which shall be by the Company at the work site. A grievance shall not be deemed to be invalid by reason of the fact that it is not accordance with the instructions contained on form supplied by the form and handed to the immediate Management supervisor or his replacementCompany. The representative of Management who receives the grievance must sign the form as indicated time limits described in the instructions. When the Employer discharges an employee, the grievance procedure will apply except that the grievance may be presented at extended by mutual agreement between the first or second stepCompany and the employee and, where applicable, the Alliance. An employee may, by written notice to the Manager of his areaSupervisor, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of the collective agreementCollective Agreement, his withdrawal has the endorsement endorsement, in writing of the Alliance. Where A grievance relating to the grievance relates to suspension or discharge of an employee or the interpretation or application alleged violation of any Article of this Agreement or an arbitral award, the Alliance may, on behalf of any or all of the employees in the bargaining unit, present a grievance at any step in the grievance procedure. The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee, and where appropriate the Alliance representative. A grievance by an employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Grievances relating to disciplinary action, discharge, promotion, demotion or lay-offs and recall in connection with the decrease or increase of the working force must be filed within twenty (20) working days from the date of the alleged incident. Arbitration Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitral or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties may, after exhausting the grievance procedure in this Article, notify and within thirty (30)days of the Company's response in Step be referred by either party to arbitration by a single arbitrator in accordance with the procedure outlined below. The party desiring to submit a matter arbitration shall deliver to the other party in writing within fifteen (15) days a notice of the receipt of the reply at the second step, of its desire intention to submit the difference or allegation grievance to arbitration. The matter will normally be reviewed by a sole arbitrator, chosen by the parties or where the parties are unable to reach agreement, the appointment This notice shall be made by the Minister of Labour. The process of identifying a sole arbitrator will be initiated within days. Where either party wishes to refer state the matter at issue, in concise terms, and shall state precisely in what respect the Agreement has been violated or misinterpreted by reference to an arbitration board, that party shall notify the other party within daysspecific relied upon. The notice shall contain also stipulate the name nature of the first party's appointee to an arbitration boardrelief or remedy sought. The recipient of the notice shall, within Within ten days, inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within fifteen (1510) days of the appointment date of delivery of the second foregoing notice, the parties shall attempt to agree on the selection of them, appoint a third person who shall be mutually acceptable arbitrator. Should the chairman. If parties fail within the recipient ten (10) days prescribed in Clause to agree on the selection of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman within party requesting arbitration shall ask the time limit, the appointment shall be made by the Federal Minister of Labour upon the request of either partyto appoint one. Where the parties have agreed to a sole arbitrator, the sole The arbitrator shall be considered to be an arbitration board for hear the purposes evidence of this article. The arbitration board shall hear both parties and determine the difference or allegation and shall issue a decision and the within thirty (30)days of his appointment. The decision is final shall be and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision arbitrator of the arbitration board, matter at issue shall be final and binding on both parties but if there is no majority the decision jurisdiction of the chairman governs. The Board arbitrator shall not be limited to deciding the matter at issue within the existing provisions of the Agreement, and in no event shall the arbitrator have the authority power to add to, subtract from, alter or amend this Agreement in any respect. Each party shall pay its own costs and the fees and expenses of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to render any decision contrary to the terms and provisions of this Agreement, or to increase or decrease wages, provided however that the Board may nevertheless determine whether an employee has been dismissed or suspended for other than proper cause. In which case, the Board may direct the Employer to reinstate the employee and pay to the employee a sum equal to his wages lost witnesses called by reason of his dismissal or suspensionit. The Employer and the Alliance shall each pay one-half (112) of the remuneration fees and expenses of the Chairman of arbitrator shall be shared equally between the Board and each party shall bear its own expenses of every such arbitration. When a party has failed to comply with any of the terms of the decision of the Board of Arbitration, either party or employee affected by the decision may, after the expiration of fourteen (14) days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file in the office of the Registrar of the Federal Court of Canada a copy of the decision, exclusive of the reasons therefor, in the prescribed form, whereupon the decision may be entered in the same way as a judgment or order of that court and may be enforceable as such. Training and Evaluationparties.