Common use of Policy Grievance – Employer Grievance Clause in Contracts

Policy Grievance – Employer Grievance. The Employer may institute a grievance alleging a general misinterpretation or violation by the Union or any employee by filing a written grievance with the Bargaining Unit President, with a copy to the Labour Relations Officer within twenty (20) calendar days after the circumstances have occurred. A meeting will be held between the parties within ten (10) calendar days. The Union shall reply within ten (10) calendar days after the meeting, and failing settlement, the matter may be referred to arbitration. (a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or allegation to arbitration. Such notice will contain the names of three (3) arbitrators for consideration. If none of the suggestions is agreed, the other party shall provide the names of 3 arbitrators and so forth until there is an agreement. If after 10 calendar days from the notice to arbitrate the Parties fail to agree upon a Chairperson, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. Once appointed the sole arbitrator shall have the power to mediate/arbitrate the grievance, including the power to impose a decision in accordance with Article 8.17. (b) Notwithstanding (a), the Parties may agree to a Board of Arbitration rather than a sole arbitrator. In such case, the notice to arbitrate shall contain the name of the first party's appointee to an Arbitration Board and the recipient of the notice, within ten (10) calendar days, inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within ten (10) calendar days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint a nominee, or if the two nominees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. All references in Article 8 to a sole arbitrator shall be taken to include an Arbitration Board.

Policy Grievance – Employer Grievance. The Employer may institute a grievance alleging a general misinterpretation or violation by the Union or any employee by filing a written grievance with the Bargaining Unit President, with a copy to the Labour Relations Officer within twenty (20) calendar days after the circumstances have occurred. A meeting will be held between the parties within ten (10) calendar days. The Union shall reply within ten (10) calendar days after the meeting, and failing settlement, the matter may be referred to arbitration. (a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or allegation to arbitration. Such notice will contain the names of three (3) arbitrators for consideration. If none of the suggestions is are agreed, the other party shall provide the names of 3 arbitrators and so forth until there is an agreement. If after 10 calendar days from the notice to arbitrate the Parties fail to agree upon a Chairperson, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. Once appointed the sole arbitrator shall have the power to mediate/arbitrate mediate /arbitrate the grievance, including the power to impose a decision settlement in accordance with Article 8.17. (b) Notwithstanding (a), the Parties may agree to a Board of Arbitration rather than a sole arbitrator. In such case, the notice to arbitrate shall contain the name of the first party's appointee to an Arbitration Board and the recipient of the notice, within ten (10) calendar days, inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within ten (10) calendar days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint a nominee, or if the two nominees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. All references in Article 8 to a sole arbitrator shall be taken to include an Arbitration Board.

Policy Grievance – Employer Grievance. The Employer may institute a grievance alleging a general misinterpretation or violation by the Union or any employee by filing a written grievance with the Bargaining Unit President, with a copy to the Labour Relations Officer within twenty (20) calendar days after the circumstances have occurred. A meeting will be held between the parties within ten (10) calendar days. The Union shall reply within ten (10) calendar days after the meeting, and failing settlement, the matter may be referred to arbitration. (a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or allegation to arbitration. Such notice will contain the names of three (3) arbitrators for consideration. If none of the suggestions is are agreed, the other party shall provide the names of 3 arbitrators and so forth until there is an agreement. If after 10 calendar days from the notice to arbitrate the Parties fail to agree upon a Chairperson, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. Once appointed the sole arbitrator shall have the power to mediate/arbitrate the grievance, including the power to impose a decision settlement in accordance with Article 8.17. (b) Notwithstanding (a), the Parties may agree to a Board of Arbitration rather than a sole arbitrator. In such case, the notice to arbitrate shall contain the name of the first party's appointee to an Arbitration Board and the recipient of the notice, within ten (10) calendar days, ; inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within ten (10) calendar days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint a nominee, or if the two nominees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. All references in Article 8 to a sole arbitrator shall be taken to include an Arbitration Board.

Policy Grievance – Employer Grievance. The Employer may institute a grievance alleging a general misinterpretation or violation by the Union or any employee by filing a written grievance with the Bargaining Unit President, with a copy to the Labour Relations Officer within twenty (20) calendar days after the circumstances have occurred. A meeting will be held between the parties within ten (10) calendar days. The Union shall reply within ten (10) calendar days after the meeting, and failing settlement, the matter may be referred to arbitration. (a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or allegation to arbitration. Such notice will contain the names of three (3) arbitrators for consideration. If none of the suggestions is are agreed, the other party shall provide the names of 3 arbitrators and so forth until there is an agreement. If after 10 calendar days from the notice to arbitrate the Parties fail to agree upon a Chairperson, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. Once appointed the sole arbitrator shall have the power to mediate/arbitrate mediate /arbitrate the grievance, including the power to impose a decision settlement in accordance with Article 8.17. (b) Notwithstanding (a), the Parties may agree to a Board of Arbitration rather than a sole arbitrator. In such case, the notice to arbitrate shall contain the name of the first party's appointee to an Arbitration Board and the recipient of the notice, within ten (10) calendar days, ; inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within ten (10) calendar days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint a nominee, or if the two nominees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. All references in Article 8 to a sole arbitrator shall be taken to include an Arbitration Board.

Policy Grievance – Employer Grievance. The Employer may institute a grievance alleging a general misinterpretation or violation by the Union Association or any employee nurse by filing a written grievance with the Bargaining Unit PresidentSecretary of the Local Association, with w i t h a copy to the Labour Employment Relations Officer within twenty (20) calendar days after the circumstances have occurred. A meeting will be held between the parties within ten (10) calendar days. The Union Association shall reply within ten (10) calendar days after the meeting, and failing settlement, the matter may be referred to arbitration. (a) . Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or allegation to arbitration. Such notice will contain the names of three (3) arbitrators for consideration. If none of the suggestions is agreed, the other party shall provide the names of 3 arbitrators and so forth until there is an agreement. If after 10 calendar days from the notice to arbitrate the Parties fail to agree upon a Chairperson, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. Once appointed the sole arbitrator shall have the power to mediate/arbitrate the grievance, including the power to impose a decision in accordance with Article 8.17. (b) Notwithstanding (a), the Parties may agree to a Board of Arbitration rather than a sole arbitrator. In such case, the notice to arbitrate shall contain the name of the first party's appointee to an Arbitration Board and the Board. The recipient of the noticenotice shall, within ten (10) calendar days, inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within ten (10) calendar days of the appointment of the second of them, appoint a third person who shall be the ChairpersonChairman. If the recipient of the notice fails to appoint a nomineean arbitrator, or if the two nominees appointees fail to agree upon a Chairperson Chairman within the time limit, the appointment shall be made by the Minister Ministry of Labour for Ontario upon the request of either party. All references 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 shall govern. No person may be appointed as an arbitrator who has been involved in Article 8 an attempt to negotiate or settle the particular grievance concerned. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the involved. The Board of Arbitration may make such decision as it may, in the circumstances, deem just and equitable and may vary or set aside any penalty or discipline imposed by the Employer relating to the grievance in question. The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it nor shall have any practices or customs become binding unless reduced to writing by the Association and the Employer. Each of the parties shall pay its own expenses including pay for witnesses and the expense of its own arbitrator and one-half of the expenses and fees of the Chairman. The parties may, by written agreement, substitute a sole arbitrator Arbitrator for the Board of Arbitration and the Arbitrator shall possess the same powers and be subject to the same limitations as a Board of Arbitration. Seniority is the ranking of nurses in accordance with their continuous length of employment from the date of last hire. A seniority list of nurses covered by this agreement, showing seniority, shall be taken posted by the Employer yearly, by January Two (2) copies of such list will be forwarded to include an Arbitration Boardthe secretary of the Local. The roster shall be open for correction for a period of twenty-eight (28) calendar days, from the date of initial posting. At the expiration of this time, the seniority list as corrected shall be considered to be accurate.

Policy Grievance – Employer Grievance. The Employer may institute a grievance alleging a general misinterpretation or violation by the Union or any employee by filing a written grievance with the Bargaining Unit President, with a copy to the Labour Relations Officer within twenty (20) calendar days after the circumstances have occurred. A meeting will be held between the parties within ten (10) calendar days. The Union shall reply within ten (10) calendar days after the meeting, and failing settlement, the matter may be referred to arbitration. (a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or allegation to arbitration. Such notice will contain the names of three (3) arbitrators for consideration. If none of the suggestions is are agreed, the other party shall provide the names of 3 arbitrators and so forth until there is an agreement. If after 10 calendar days from the notice to arbitrate the Parties fail to agree upon a Chairperson, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. Once appointed the sole arbitrator shall have the power to mediate/arbitrate mediate /arbitrate the grievance, including the power to impose a decision settlement in accordance with Article 8.17. (b) Notwithstanding (a), the Parties may agree to a Board of Arbitration rather than a sole arbitrator. In such case, the notice to arbitrate shall contain the name of the first party's appointee to an Arbitration Board and the recipient of the notice, within ten (10) calendar days, inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within ten (10) calendar days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint a nominee, or if the two nominees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. All references in Article 8 to a sole arbitrator shall be taken to include an Arbitration Board.

Policy Grievance – Employer Grievance. The Employer may institute a grievance alleging a general misinterpretation or violation by the Union Association or any employee nurse by filing a written grievance with the Bargaining Unit PresidentSecretary of the Local Association, with a copy to the Labour Employment Relations Officer within twenty (20) calendar days after the circumstances have occurred. A meeting will be held between the parties within ten (10) calendar days. The Union Association shall reply within ten (10) calendar days after the meeting, and failing settlement, the matter may be referred to arbitration. (a) . Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or allegation to arbitration. Such notice will contain the names of three (3) arbitrators for consideration. If none of the suggestions is agreed, the other party shall provide the names of 3 arbitrators and so forth until there is an agreement. If after 10 calendar days from the notice to arbitrate the Parties fail to agree upon a Chairperson, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. Once appointed the sole arbitrator shall have the power to mediate/arbitrate the grievance, including the power to impose a decision in accordance with Article 8.17. (b) Notwithstanding (a), the Parties may agree to a Board of Arbitration rather than a sole arbitrator. In such case, the notice to arbitrate shall contain the name of the first party's appointee to an Arbitration Board and the Board. The recipient of the noticenotice shall, within ten (10) calendar days, inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall shall, within ten (10) calendar days of the appointment of the second of them, appoint a third person who shall be the ChairpersonChairman. If the recipient of the notice fails to appoint a nomineean arbitrator, or if the two nominees appointees fail to agree upon a Chairperson Chairman within the time limit, the appointment shall be made by the Minister Ministry of Labour for Ontario Ontario, upon the request of either party. All references 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 shall govern. No person may be appointed as an arbitrator who has been involved in Article 8 an attempt to negotiate or settle the particular grievance concerned. The Board Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the involved. The Board of Arbitration may make such decision as it may, in the circumstances, deemed just and equitable and may vary or set aside any penalty or discipline imposed by the Employer relating to the grievance in question. The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it nor shall have any practices or customs become binding unless reduced to writing by the Association and the Employer. Each of the parties shall pay its own expenses including pay for witnesses and the expense of its own arbitrator and one-half of the expenses and fees of the Chairman. The parties may, by written agreement, substitute a sole arbitrator Arbitrator for the Board of Arbitration and the Arbitrator shall possess the same powers and be taken subject to include an Arbitration Boardthe same limitations as a Board of Arbitration.

Policy Grievance – Employer Grievance. The Employer may institute a grievance alleging a general misinterpretation or violation by the Union or any employee by filing a written grievance with the Bargaining Unit PresidentSecretary of the Local Union, with a copy to the Labour Employment Relations Officer Office within twenty (20) calendar days after the circumstances have occurred. A meeting will be held between the parties within ten (10) calendar days. The Union shall reply within ten (10) calendar days after the meeting, and failing settlement, the matter may be referred to arbitration. (a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or allegation to arbitration. Such notice will contain the names of three (3) arbitrators for consideration. If none of the suggestions is agreed, the other party shall provide the names of 3 arbitrators and so forth until there is an agreement. If after 10 calendar days from the notice to arbitrate the Parties fail to agree upon a Chairperson, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. Once appointed the sole arbitrator shall have the power to mediate/arbitrate the grievance, including the power to impose a decision in accordance with Article 8.17. (b) Notwithstanding (a), the Parties may agree to a Board of Arbitration rather than a sole arbitrator. In such case, the notice to arbitrate shall contain the name of the first party's ’s appointee to an Arbitration Board and the Board. The recipient of the noticenotice shall, within ten (10) calendar days, inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within ten (10) calendar days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint a nomineean arbitrator, or if the two nominees appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. All references . (b) Within thirty (30) calendar days of the receipt of notice referred to in Article 8 to 9.12 (a) above, either party may require a process for a sole arbitrator arbitrator, where the grievance concerns: i) A job posting ii) A short term layoff iii) Responsibility pay, premiums, overtime and call-in pay iv) entitlement to leave v) Scheduling issues vi) Any other grievance as mutually agreed All reference in Article 9 to an Arbitration Board shall be taken to include a sole arbitrator. Once appointed the sole arbitrator shall have the power to mediate/arbitrate the grievance, including the power to impose a settlement in accordance with Article 9.17. The parties agree that, where an Arbitration Boardinformal process is initiated, presentations proceeding under this dispute resolution mechanism shall include a comprehensive opening statement and thereafter, shall be as short and concise as possible. The parties agree to make limited reference to authorities during such submissions.