Common use of Process Requirements Clause in Contracts

Process Requirements. (a) Subject to Article 10.2, for any grievance, the steps and time limited provided in the grievance procedure, identified throughout Article 10, including Articles 10.4, 10.5 and 10.6, shall be strictly adhered to and can only be bypassed or extended by written consent of the party to whom the request to extend the time limits is made. (b) If a grievance is not processed in compliance with the required steps and time limits, the grieving party shall be deemed to have withdrawn and abandoned the grievance. No matter can be submitted to arbitration which has not been carried through all steps of the grievance procedure. (c) Where no response is given within the time limits specified, the Employer or Union, as applicable, shall be deemed to have given a negative response completing that stage of the informal resolution or grievance process and the grieving party may submit the grievance to the next step of the grievance procedure. (d) In the event an Employee is incapacitated and unable to initiate a grievance within the time limits, the time limits to initiate the grievance will be extended by the Employer for a further ten (10) calendar days, upon the Employee attesting to the details of incapacitation resulting in the Employee's inability to initiate the grievance or direct the Union in this regard. (e) The Employee may authorize the Union to proceed with the grievance on their behalf in the event of their demonstrated incapacity to attend any meeting. Otherwise, the grievor is required to be in attendance. (f) Correspondence between the Union and the Employer in this Article may be e-mail correspondence provided that all required grievance documents, including grievance forms and letters of response, are independently created and provided as attachments to e-mail.

Process Requirements. (a) Subject to Article 10.2, for any grievance, the steps and time limited limits provided in the grievance procedure, identified throughout Article 10, including Articles 10.4, 10.5 and 10.6, shall be strictly adhered to and can only be bypassed or extended by written consent of the party to whom the request to extend the time limits is made. (b) If a grievance is not processed in compliance with the required steps and time limits, the grieving party shall be deemed to have withdrawn and abandoned the grievance. No matter can be submitted to arbitration which has not been carried through all steps of the grievance procedure. (c) Where no response is given within the time limits specified, the Employer or Union, as applicable, shall be deemed to have given a negative response completing that stage of the informal resolution or grievance process and the grieving party may submit the grievance to the next step of the grievance procedure. (d) In the event an Employee is incapacitated and unable to initiate a grievance within the time limits, the time limits to initiate the grievance will be extended by the Employer for a further ten (10) calendar days, upon the Employee attesting to the details of incapacitation resulting in the Employee's inability to initiate the grievance or direct the Union in this regard. (e) The Employee may authorize the Union to proceed with the grievance on their her/his behalf in the event of their her/his demonstrated incapacity to attend any meeting. Otherwise, the grievor is required to be in attendance. (f) Correspondence between the Union and the Employer in this Article may be e-mail correspondence provided that all required grievance documents, including grievance forms and letters of response, are independently created and provided as attachments to e-mail.