Procedures for LNP Request The Parties shall provide for the requesting of End Office LNP capability on a reciprocal basis through a written request. The Parties acknowledge that Verizon has deployed LNP throughout its network in compliance with FCC 96-286 and other applicable FCC Regulations.
15.4.1 If Party B desires to have LNP capability deployed in an End Office of Party A, which is not currently capable, Party B shall issue a LNP request to Party A. Party A will respond to the Party B, within ten (10) days of receipt of the request, with a date for which LNP will be available in the requested End Office. Party A shall proceed to provide for LNP in compliance with the procedures and timelines set forth in FCC 00-000, Xxxxxxxxx 80, and FCC 97-74, Paragraphs 65 through 67.
15.4.2 The Parties acknowledge that each can determine the LNP-capable End Offices of the other through the Local Exchange Routing Guide (LERG). In addition, the Parties shall make information available upon request showing their respective LNP-capable End Offices, as set forth in this Section 15.4.
GRIEVANCE PROCEDURE & ARBITRATION 7.01 The parties to this Agreement recognize the stewards and the CLAC Representatives specified in Article 6.01 as the agents through which volunteer firefighters shall process their grievances and receive settlement thereof.
7.02 A volunteer firefighter having a question or a complaint that has not already been dealt with through the normal chain of command shall refer it to the Area Commander or his designate. The volunteer firefighter shall have the option of having a xxxxxxx present.
7.03 Step 1 If the question or complaint is not resolved after discussion with the Area Commander, then the volunteer firefighter, accompanied by a xxxxxxx or CLAC Representative, will submit a written grievance to the Fire Chief or their designate within ten (10) calendar days of the act or condition causing the grievance. Within fourteen (14) calendar days of the written submission the parties will meet to attempt resolution of the grievance. The Fire Chief or their designate will issue a response in writing to the Association within ten (10) calendar days of the meeting. In the event the grievance is denied or the Fire Chief or their designate fails to respond, the grievance may be submitted to Step 2 of the grievance process.
7.04 Step 2 If the grievance is not settled under Step 1, the Association may within ten (10) calendar days submit a written grievance to the Director of Employee and Labour Relations or their designate. The parties shall meet within fourteen (14) calendar days from the date of submission of the grievance. The Director of Employee and Labour Relations or their designate shall notify the Association of his decision in writing within ten (10) calendar days following said meeting. In the event the grievance is denied or the Director of Employee and Labour Relations or their designate fails to respond, the grievance may be submitted to mediation.
7.05 The time limits as prescribed may be extended by mutual agreement of the parties in writing.
7.06 Where a deadline pursuant to this Article falls on a day when the Employer‟s normal administrative operations are closed, such deadline will automatically fall on the next business day.
7.07 A “Group Grievance” is defined as a single grievance, signed by a xxxxxxx or CLAC Representative on behalf of a group of volunteer firefighters who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
7.08 A “Policy Grievance” is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. A Policy Grievance may be submitted by either party to Step 2 of the grievance process. Such Policy Grievance shall be signed by a xxxxxxx, or a CLAC Representative, or in the case of an Employer's Policy Grievance, by the Employer or his representative.
7.09 If a grievance remains outstanding after Step 2 of the grievance procedure, the parties may by mutual agreement refer the grievance to mediation. The party requesting mediation shall send notice of its desire to refer the grievance to mediation within fourteen (14) calendar days after receipt of the written decision at Step 2, or within fourteen (14) calendar days after a decision should have been issued. The parties agree that all expenses arising from the appointment of the mediator shall be shared equally.
7.10 The parties shall mutually select a mediator. If the parties cannot agree on the selection of a mediator within a reasonable time frame, either party may apply to the Ministry of Labour to request that an arbitrator be appointed. At that point, the matter shall proceed to arbitration in accordance with Article 8, except that the provisions of Article 8.02 shall not apply.
7.11 Upon mutual consent of the parties, nothing within this Agreement shall prevent a mediator from serving in the capacity of an arbitrator in accordance with Section 50 of the Labour Relations Act, 1995 as amended from time to time.
Complaints Procedure (a) A formal complaint must be submitted in writing within six months of the last alleged occurrence.
(b) A complaint must be submitted through the Union and/or directly to the Executive Director (or the equivalent or designate). When the Executive Director has received a complaint, they will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days.
(c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of Article 29 (Harassment), and the remedy sought.
(d) The Executive Director or their designate will investigate the complaint and will complete their report in writing within 30 days.
(e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator's report.
(f) The Employer will advise the respondent, the complainant and the Union in writing of the substance of the investigator's report and the resolution of the complaint.
(g) If the resolution involves separating employees, reasonable efforts will be made to relocate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled.
(h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation.
(i) If the respondent is the Executive Director (or equivalent), or where there are possible systemic issues or multiple complaints, the following process will be used:
(1) The complainant will contact the Union.
(2) As soon as possible but within 30 days the Union will notify the Executive Director (or equivalent) and CSSEA. Clause 29.4 (a) and (c) apply to the notice. CSSEA will inform the Employer's Board of Directors.
(3) CSSEA and the Union will appoint either Xxxxx Xxxxx or Xxxxxx Xxxx to resolve the complaint. (The person appointed is referred to below as "the Appointee".)
(4) After consultation with the parties involved, the Appointee will establish the process to resolve the complaint. The process may include - at the Appointee's discretion - any of the following (or any combination of them): fact-finding, mediation, making recommendations or a full report, or conducting an expedited arbitration. In exercising their discretion with respect to the process, the Appointee will consider the parties' desire that the process be fair and expeditious, that it minimizes disruption in the workplace, that it respects individual privacy to the degree possible in the circumstances, and that it keeps costs to a reasonable level. The Appointee will submit any report or recommendations to CSSEA and the Union. The report and recommendations will remain confidential, except for distribution to the Employer's Board of Directors, the complainant and the respondent. The Appointee may stipulate conditions she/he deems appropriate with respect to distribution. Any outcomes of the process are without prejudice or precedent for other proceedings.
(5) The Appointee's fees and expenses will be shared by the Employer and the Union.
(j) The Employer may take appropriate action, including discipline, against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious.
Alternative Dispute Resolution Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in Xxx Xxxxx County, Texas or agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.
