Common use of Process/Proceedings Clause in Contracts

Process/Proceedings. The employee who has a complaint may process it through the grievance procedure as per Article 21, Grievance Procedure, subject to the following variances, as appropriate: a) If an employee who is the subject of the complaint is a College representative at any step of the grievance procedure, then the Association may present the grievance to another appropriate representative designated by the College President. b) College and/or Association representatives, in the course of investigating a harassment grievance, shall have due regard for the privacy and confidentiality of the grievor, witnesses, and all employees involved in the grievance. c) Arbitration: i) An arbitrator, in the determination of a complaint of harassment, shall have the authority to take reasonable steps to protect the interests of all parties in privacy and confidentiality in the determination of procedural and evidentiary matters, subject to fairness to all parties. ii) If the grievor and the employee who is the subject of the grievance are both members of the same bargaining unit, then, the arbitrator shall also have jurisdiction in respect to any subsequent grievance arising from related discipline of the member who is the subject of the grievance. d) The employee who initiated the grievance, and the employee who is the subject of the grievance, shall have the right to Association representation at all meetings, interviews, and hearings where the faculty member's presence is requested by management in connection with these allegations. e) Normally grievances will be filed after the incident(s) and/or series of incidents occur; however, time limits may be extended. f) If the grievor chooses to file a simultaneous complaint with the Human Rights Commission, the grievor agrees that, in so doing, the grievance procedure shall precede the complaint.

Process/Proceedings. The employee who has a complaint may process it through the grievance procedure as per Article 21, Grievance Procedure, subject to the following variances, as appropriate: a) : If an employee who is the subject of the complaint is a College representative at any step of the grievance procedure, then the Association may present the grievance to another appropriate representative designated by the College President. b) . College and/or Association representatives, in the course of investigating a harassment grievance, shall have due regard for the privacy and confidentiality of the grievor, witnesses, and all employees involved in the grievance. c) . Arbitration: i) : An arbitrator, in the determination of a complaint of harassment, shall have the authority to take reasonable steps to protect the interests of all parties in privacy and confidentiality in the determination of procedural and evidentiary matters, subject to fairness to all parties. ii) . If the grievor and the employee who is the subject of the grievance are both members of the same bargaining unit, then, the arbitrator shall also have jurisdiction in respect to any subsequent grievance arising from related discipline of the member who is the subject of the grievance. d) . The employee who initiated the grievance, and the employee who is the subject of the grievance, shall have the right to Association representation at all meetings, interviews, and hearings where the faculty member's presence is requested by management in connection with these allegations. e) . Normally grievances will be filed after the incident(s) and/or series of incidents occur; however, time limits may be extended. f) . If the grievor chooses to file a simultaneous complaint with the Human Rights Commission, the grievor agrees that, in so doing, the grievance procedure shall precede the complaint.