Common use of Optional Grievance Investigation Procedure Clause in Contracts

Optional Grievance Investigation Procedure. (a) Recognizing that there are times and circumstances in which it may be advantageous to seek third-party assistance in the resolution of grievances, and in an attempt to find a way in which to bring about such resolutions without incurring the costs and delays associated with formal arbitration proceedings, the Employer and the Union have agreed to provide for an optional grievance investigation procedure. The process is intended to complement the grievance and arbitration procedures otherwise provided for in this Agreement. It is not intended to replace those other procedures. (b) As provided for in the Labour Relations Code, where a difference arises between the Employer and the Union relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, the Employer and the Union will appoint one (1) of the persons named hereunder as "investigators", or a substitute agreed to by the Employer and the Union, to (i) investigate the difference; (ii) define the issue in the difference; and (iii) make written recommendations to resolve the difference within five (5) days of the date of the receipt of the request; and, for those five (5) days from that date, time does not run in respect of the grievance procedure. (c) As provided for in the Labour Relations Code, the Employer and the Union shall pay one-third (1/3) of the cost incurred in relation to the reasonable remuneration, travelling and out-of-pocket expenses of the Investigator or a substitute. The remaining one-third (1/3) will be paid by the Provincial Government. Each of the Employer and the Union shall be separately responsible for all other costs by each of them in relation to the preparation and presentation of their respective cases and submissions to the Investigator. (d) The Employer and the Union have agreed that for the term of this Agreement, the following persons will be recognized as their "Investigators" for purposes of this investigation procedure: Xxxxx XxXxxxxxxx, Xxxxxx Xxxxxxxx, Xxxx Xxxxxx. Selection of the specific individual from the above list to serve in each instance shall be by agreement of the Employer and the Union. Should the Employer and the Union fail to agree on the selection, then each may cross one name off the list above and the remaining person will be appointed. (e) Either the Employer or the Union may choose to implement the investigation procedure, provided that all steps of the grievance procedure, prior to reference to arbitration, have been exhausted without a resolution of the difference. Either the Employer or the Union wishing to use the investigation procedure shall notify the other of the decision, within 15 working days of the receipt of the reply at Article 17, Section 2, Step 3 of the grievance procedure. Such notification must be in writing. Either the Employer or the Union receiving the notification may refuse to accept the investigation procedure, in which case the provisions of Article 17, Section 2, Step 4, are then applicable and the time limit contained in that section begins to run from the date of the refusal decision being delivered in writing. No reasons for the refusal need be given. (f) While the grievance investigation process is intended to yield non-binding recommendations, the Employer and the Union may agree that the recommendations will represent a binding award. Such agreement must be made in advance of the appointment of the Investigator.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Optional Grievance Investigation Procedure. (a) Recognizing that there are times and circumstances in which it may be advantageous to seek third-party assistance in the resolution of grievances, and in an attempt to find a way in which to bring about such resolutions without incurring the costs and delays associated with formal arbitration proceedings, the Employer Corporation and the Union have agreed to provide for an optional grievance investigation procedure. The process is intended to complement the grievance and arbitration procedures otherwise provided for in this Agreement. It is not intended to replace those other procedures. (b) As provided for in the Labour Relations Code, where a difference arises between the Employer Corporation and the Union relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, the Employer Corporation and the Union will appoint one (1) of the persons named hereunder as "investigators", or a substitute agreed to by the Employer Corporation and the Union, to (i) investigate the difference; (ii) define the issue in the difference; and (iii) make written recommendations to resolve the difference within five (5) days of the date of the receipt of the request; and, for those five (5) days from that date, time does not run in respect of the grievance procedure. (c) As provided for in the Labour Relations Code, the Employer Corporation and the Union shall pay one-third (1/3) of the cost incurred in relation to the reasonable remuneration, travelling and out-of-pocket expenses of the Investigator or a substitute. The remaining one-third (1/3) will be paid by the Provincial Government. Each of the Employer Corporation and the Union shall be separately responsible for all other costs by each of them in relation to the preparation and presentation of their respective cases and submissions to the Investigator. (d) The Employer Corporation and the Union have agreed that for the term of this Agreement, the following persons will be recognized as their "Investigators" for purposes of this investigation procedure: Xxxxx XxXxxxxxxx, Xxxxxx Xxxxxxxx, Xxxx Xxxxxx. Selection of the specific individual from the above list to serve in each instance shall be by agreement of the Employer Corporation and the Union. Should the Employer Corporation and the Union fail to agree on the selection, then each may cross one name off the list above and the remaining person will be appointed. (e) Either the Employer Corporation or the Union may choose to implement the investigation procedure, provided that all steps of the grievance procedure, prior to reference to arbitration, have been exhausted without a resolution of the difference. Either the Employer Corporation or the Union wishing to use the investigation procedure shall notify the other of the decision, within 15 working days of the receipt of the reply at Article 17, Section 2, Step 3 of the grievance procedure. Such notification must be in writing. Either the Employer Corporation or the Union receiving the notification may refuse to accept the investigation procedure, in which case the provisions of Article 17, Section 2, Step 4, are then applicable and the time limit contained in that section begins to run from the date of the refusal decision being delivered in writing. No reasons for the refusal need be given. (f) While the grievance investigation process is intended to yield non-binding recommendationsrecommen- dations, the Employer Corporation and the Union may agree that the recommendations will represent a binding award. Such agreement must be made in advance of the appointment of the Investigator. ARTICLE 18: CLASSIFICATIONS‌‌‌‌ New employees or employees re-engaged shall be entitled to the standard rate of wage for the position for which engaged. If there is no classification and wage scale in Schedule "A", "B", "C" or "D", of the Agreement covering the position, such shall be negotiated between the Corporation and the Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Optional Grievance Investigation Procedure. (a) Recognizing that there are times and circumstances in which it may be advantageous to seek third-party assistance in the resolution of grievances, and in an attempt to find a way in which to bring about such resolutions without incurring the costs and delays associated with formal arbitration proceedings, the Employer Corporation and the Union have agreed to provide for an optional grievance investigation procedure. The process is intended to complement the grievance and arbitration procedures otherwise provided for in this Agreement. It is not intended to replace those other procedures. (b) As provided for in the Labour Relations Code, where a difference arises between the Employer Corporation and the Union relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, the Employer Corporation and the Union will appoint one (1) of the persons named hereunder as "investigators", or a substitute agreed to by the Employer Corporation and the Union, to (i) investigate the difference; (ii) define the issue in the difference; and (iii) make written recommendations to resolve the difference within five (5) days of the date of the receipt of the request; and, for those five (5) days from that date, time does not run in respect of the grievance procedure. (c) As provided for in the Labour Relations Code, the Employer Corporation and the Union shall pay one-third (1/3) of the cost incurred in relation to the reasonable remuneration, travelling and out-of-pocket expenses of the Investigator or a substitute. The remaining one-third (1/3) will be paid by the Provincial Government. Each of the Employer Corporation and the Union shall be separately responsible for all other costs by each of them in relation to the preparation and presentation of their respective cases and submissions to the Investigator. (d) The Employer Corporation and the Union have agreed that for the term of this Agreement, the following persons will be recognized as their "Investigators" for purposes of this investigation procedure: Xxxxx XxXxxxxxxx, Xxxxxx Xxxxxxxx, Xxxx Xxxxxx. Selection of the specific individual from the above list to serve in each instance shall be by agreement of the Employer Corporation and the Union. Should the Employer Corporation and the Union fail to agree on the selection, then each may cross one name off the list above and the remaining person will be appointed. (e) Either the Employer Corporation or the Union may choose to implement the investigation procedure, provided that all steps of the grievance procedure, prior to reference to arbitration, have been exhausted without a resolution of the difference. Either the Employer Corporation or the Union wishing to use the investigation procedure shall notify the other of the decision, within 15 working days of the receipt of the reply at Article 17, Section 2, Step 3 of the grievance procedure. Such notification must be in writing. Either the Employer Corporation or the Union receiving the notification may refuse to accept the investigation procedure, in which case the provisions of Article 17, Section 2, Step 4, are then applicable and the time limit contained in that section begins to run from the date of the refusal decision being delivered in writing. No reasons for the refusal need be given.given.‌‌‌‌ (f) While the grievance investigation process is intended to yield non-binding recommendationsrecommen- dations, the Employer Corporation and the Union may agree that the recommendations will represent a binding award. Such agreement must be made in advance of the appointment of the Investigator.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Optional Grievance Investigation Procedure. (a) Recognizing that there are times and circumstances in which it may be advantageous to seek third-party third‐party assistance in the resolution of grievances, and in an attempt to find a way in which to bring about such resolutions without incurring the costs and delays associated with formal arbitration proceedings, the Employer and the Union have agreed to provide for an optional grievance investigation procedure. The process is intended to complement the grievance and arbitration procedures otherwise provided for in this Agreement. It is not intended to replace those other procedures. (b) As provided for in the Labour Relations Code, where a difference arises between the Employer and the Union relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, the Employer and the Union will appoint one (1) of the persons named hereunder as "investigators", or a substitute agreed to by the Employer and the Union, to (i) investigate the difference; (ii) define the issue in the difference; and (iii) make written recommendations to resolve the difference within five (5) days of the date of the receipt of the request; and, for those five (5) days from that date, time does not run in respect of the grievance procedure. (c) As provided for in the Labour Relations Code, the Employer and the Union shall pay one-third one‐third (1/3) of the cost incurred in relation to the reasonable remuneration, travelling and out-of-out‐of‐ pocket expenses of the Investigator or a substitute. The remaining one-third one‐third (1/3) will be paid by the Provincial Government. Each of the Employer and the Union shall be separately responsible for all other costs by each of them in relation to the preparation and presentation of their respective cases and submissions to the Investigator. (d) The Employer and the Union have agreed that for the term of this Agreement, the following persons will be recognized as their "Investigators" for purposes of this investigation procedure: Xxxxx XxXxxxxxxx, Xxxxxx Xxxxxxxx, Xxxx Xxxxxx. Selection of the specific individual from the above list to serve in each instance shall be by agreement of the Employer and the Union. Should the Employer and the Union fail to agree on the selection, then each may cross one name off the list above and the remaining person will be appointed. (e) Either the Employer or the Union may choose to implement the investigation procedure, provided that all steps of the grievance procedure, prior to reference to arbitration, have been exhausted without a resolution of the difference. Either the Employer or the Union wishing to use the investigation procedure shall notify the other of the decision, within 15 working days of the receipt of the reply at Article 17, Section 2, Step 3 of the grievance procedure. Such notification must be in writing. Either the Employer or the Union receiving the notification may refuse to accept the investigation procedure, in which case the provisions of Article 17, Section 2, Step 4, are then applicable and the time limit contained in that section begins to run from the date of the refusal decision being delivered in writing. No reasons for the refusal need be given. (f) While the grievance investigation process is intended to yield non-binding non‐binding recommendations, the Employer and the Union may agree that the recommendations will represent a binding award. Such agreement must be made in advance of the appointment of the Investigator.

Appears in 1 contract

Samples: Collective Agreement

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Optional Grievance Investigation Procedure. (a) Recognizing that there are times and circumstances in which it may be advantageous to seek third-party assistance in the resolution of grievances, and in an attempt to find a way in which to bring about such resolutions without incurring the costs and delays associated with formal arbitration proceedings, the Employer and the Union parties have agreed to provide for an optional grievance investigation procedure. The process is intended to complement the grievance and arbitration procedures otherwise provided for in this Agreement. It is not intended to replace those other procedures. (b) . As provided for in the Labour Industrial Relations CodeAct, where a difference arises between the Employer and the Union parties relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, the Employer and the Union parties will appoint one (1) of the persons named hereunder as "investigators", or a substitute agreed to by the Employer and the Unionparties, to (i) to investigate the difference; (ii) ; define the issue in the difference; and (iii) and make written recommendations to resolve the difference within five (5) days of the date of the receipt of the request; and, for those five (5) days from that date, time does not run in respect of the grievance procedure. (c) . As provided for in the Labour Industrial Relations CodeAct, the Employer and the Union each party shall pay one-third (1/3) of the cost incurred in relation to the reasonable remuneration, travelling and out-of-pocket expenses of the Investigator or a his substitute. The remaining one-third (1/3) will be paid by the Provincial Government. Each of the Employer and the Union parties shall be separately responsible for all other costs by each of them in relation to the preparation and presentation of their respective cases and submissions to the Investigator. (d) . The Employer and the Union parties have agreed that for the term of this Agreement, the following persons will be recognized as their "Investigators" for purposes of this investigation procedure: Ready, Xxxxxxx Xxxxx XxXxxxxxxx, Xxxxxx Xxxxxxxx, Xxxx Xxxxxx. Selection of the specific individual from the above list to serve in each instance shall be by agreement of the Employer and the Unionparties. Should the Employer and the Union parties fail to agree on the selection, then each party may cross one name off the list above and the remaining person will be appointed. (e) Either the Employer or the Union may choose to implement the investigation procedure, provided that all steps of the grievance procedure, prior to reference to arbitration, have been exhausted without a resolution of the difference. Either the Employer or the Union wishing to use the investigation procedure shall notify the other of the decision, within 15 working days of the receipt of the reply at Article 17, Section 2, Step 3 of the grievance procedure. Such notification must be in writing. Either the Employer or the Union receiving the notification may refuse to accept the investigation procedure, in which case the provisions of Article 17, Section 2, Step 4, are then applicable and the time limit contained in that section begins to run from the date of the refusal decision being delivered in writing. No reasons for the refusal need be given. (f) While the grievance investigation process is intended to yield non-binding recommendations, the Employer and the Union may agree that the recommendations will represent a binding award. Such agreement must be made in advance of the appointment of the Investigator.

Appears in 1 contract

Samples: Collective Agreement

Optional Grievance Investigation Procedure. (a) Recognizing that there are times and circumstances in which it may be advantageous to seek third-party assistance in the resolution of grievances, and in an attempt to find a way in which to bring about such resolutions without incurring the costs and delays associated with formal arbitration proceedings, the Employer Corporation and the Union have agreed to provide for an optional grievance investigation procedure. The process is intended to complement the grievance and arbitration procedures otherwise provided for in this Agreement. It is not intended to replace those other procedures. (b) As provided for in the Labour Relations Code, where a difference arises between the Employer Corporation and the Union relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, the Employer Corporation and the Union will appoint one (1) of the persons named hereunder as "investigators", or a substitute agreed to by the Employer Corporation and the Union, to (i) investigate the difference; (ii) define the issue in the difference; and (iii) make written recommendations to resolve the difference within five (5) days of the date of the receipt of the request; and, for those five (5) days from that date, time does not run in respect of the grievance procedure.. Pay Grade Pay Grade Pay Grade Notes Position Classification (Effec. Jan. 01/97) (Effec. July 01/98) (Effec. July 01/99) (c) As provided for in the Labour Relations Code, the Employer Corporation and the Union shall pay one-third (1/3) of the cost incurred in relation to the reasonable remuneration, travelling and out-of-pocket expenses of the Investigator or a substitute. The remaining one-third (1/3) will be paid by the Provincial Government. Each of the Employer Corporation and the Union shall be separately responsible for all other costs by each of them in relation to the preparation and presentation of their respective cases and submissions to the Investigator. (d) The Employer Corporation and the Union have agreed that for the term of this Agreement, the following persons will be recognized as their "Investigators" for purposes of this investigation procedure: Xxxxx XxXxxxxxxx, Xxxxxx Xxxxxxxx, Xxxx Xxxxxx. Selection of the specific individual from the above list to serve in each instance shall be by agreement of the Employer Corporation and the Union. Should the Employer Corporation and the Union fail to agree on the selection, then each may cross one name off the list above and the remaining person will be appointed. (e) Either the Employer Corporation or the Union may choose to implement the investigation procedure, provided that all steps of the grievance procedure, prior to reference to arbitration, have been exhausted without a resolution of the difference. Either the Employer Corporation or the Union wishing to use the investigation procedure shall notify the other of the decision, within 15 working days of the receipt of the reply at Article 17, Section 2, Step 3 of the grievance procedure. Such notification must be in writing. Either the Employer Corporation or the Union receiving the notification may refuse to accept the investigation procedure, in which case the provisions of Article 17, Section 2, Step 4, are then applicable and the time limit contained in that section begins to run from the date of the refusal decision being delivered in writing. No reasons for the refusal need be given. (f) While the grievance investigation process is intended to yield non-binding recommendationsrecommen- dations, the Employer Corporation and the Union may agree that the recommendations will represent a binding award. Such agreement must be made in advance of the appointment of the Investigator.. Pay Grade Pay Grade Pay Grade Notes Position Classification (Effec. Jan. 01/97) (Effec. July 01/98) (Effec. July 01/99) 18.1 Establishment of Classes and Rates

Appears in 1 contract

Samples: Collective Agreement

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