Common use of Processing of Grievances Clause in Contracts

Processing of Grievances. (a) Except as otherwise provided in this Agreement, a grievance shall be processed through the appropriate one step procedure. The representatives in the appropriate grievance procedure shall be as follows: (i) Local grievance - Corporation – Applicable General Manager or her authorized representative. - Association – Authorized Association Representative. (ii) National grievance - Corporation – General Manager of Labour Relations or her senior authorized representative. - Association – National Executive Officers or other authorized Association Representative. (b) All policy grievances, interpretation grievances, classification grievances or grievances concerning employees in more than one area of competition as defined in Clause 11.07, shall be considered to be national grievances and processed in accordance with Clause 7.08(a)(ii). All other grievances are considered to be local grievances and processed in accordance with Clause 7.08(a)(i). All grievances submitted locally will be dealt with at the local level; however, if a grievance is susceptible of having national consequences, the General Manager of Labour Relations for the Corporation or her representative or a National Executive Officer for the Association may, by written notice sent to the other party within fifteen (15) days of the notice of arbitration, request that a local grievance be considered to be a national grievance. Upon receipt of the request such grievance shall be deemed to be a national grievance. (c) Each party shall designate its representatives in the grievance procedure and shall inform the other party of the name or titles of the persons so designated. This information shall be communicated by written notice. Each party shall notify the other party immediately of any changes of any designations of representatives at any level. (d) The Association representatives as referred to in this Article shall have the right to meet personally with designated representatives of the Corporation with respect to a grievance. The designated representative of the Corporation shall personally reply to the grievance in writing as provided for elsewhere in this Article. The authorized representatives of the parties must have no personal interest in the grievance which is being processed. An authorized representative shall be deemed to have a personal interest if she made the decision that gave rise to the grievance, or if her position or responsibilities are impacted by the measure that gave rise to the grievance. (e) When the Corporation's representative denies a grievance, her reply shall include the reasons for the denial of the grievance. The Corporation at any stage of the grievance may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the Collective Agreement.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Processing of Grievances. (a) Except as otherwise provided in this Agreement, a grievance shall be processed through the appropriate one step procedure. The representatives in the appropriate grievance procedure shall be as follows: (i) Local grievance - Corporation – Applicable General Manager or her his authorized representative. - Association – Authorized Association Representative. (iii) National grievance - Corporation – General Manager of Labour Relations or her his senior authorized representative. - Association – National Executive Officers or other authorized Association Representative. (b) All policy grievances, interpretation grievances, classification grievances or grievances concerning employees in more than one area of competition as defined in Clause 11.07, shall be considered to be national grievances and processed in accordance with Clause 7.08(a)(ii). All other grievances are considered to be local grievances and processed in accordance with Clause 7.08(a)(i). All grievances submitted locally will be dealt with at the local level; however, if a grievance is susceptible of having national consequences, the General Manager of Labour Relations for the Corporation or her his representative or a National Executive Officer for the Association may, by written notice sent to the other party within fifteen (15) days of the notice of arbitration, request that a local grievance be considered to be a national grievance. Upon receipt of the request such grievance shall be deemed to be a national grievance. (c) Each party shall designate its representatives in the grievance procedure and shall inform the other party of the name or titles of the persons so designated. This information shall be communicated by written notice. Each party shall notify the other party immediately of any changes of any designations of representatives at any level. (d) The Association representatives as referred to in this Article shall have the right to meet personally with designated representatives of the Corporation with respect to a grievance. The designated representative of the Corporation shall personally reply to the grievance in writing as provided for elsewhere in this Article. The authorized representatives of the parties must have no personal interest in the grievance which is being processed. An authorized representative shall be deemed to have a personal interest if she he made the decision that gave rise to the grievance, or if her his position or responsibilities are impacted by the measure that gave rise to the grievance. (e) When the Corporation's representative denies a grievance, her his reply shall include the reasons for the denial of the grievance. The Corporation at any stage of the grievance may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the Collective Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Processing of Grievances. (a) Except as otherwise provided in this Agreement, a grievance shall be processed through the appropriate one step procedure. The representatives in the appropriate grievance procedure shall be as follows: (i) Local grievance - Corporation – Applicable General Manager or her his authorized representative. - Association – Authorized Association Representative. (ii) National grievance - Corporation – General Manager of Labour Relations or her senior authorized representative. - Association – National Executive Officers or other authorized Association Representative.grievance (b) All policy grievances, interpretation grievances, classification grievances or grievances concerning employees in more than one area of competition as defined in Clause 11.07, shall be considered to be national grievances and processed in accordance with Clause 7.08(a)(ii). All other grievances are considered to be local grievances and processed in accordance with Clause 7.08(a)(i). All grievances submitted locally will be dealt with at the local level; however, if a grievance is susceptible of having national consequences, the General Manager of Labour Relations for the Corporation or her his representative or a National Executive Officer for the Association may, by written notice sent to the other party within fifteen (15) days of the notice of arbitration, request that a local grievance be considered to be a national grievance. Upon receipt of the request such grievance shall be deemed to be a national grievance. (c) Each party shall designate its representatives in the grievance procedure and shall inform the other party of the name or titles of the persons so designated. This information shall be communicated by written notice. Each party shall notify the other party immediately of any changes of any designations of representatives at any level. (d) The Association representatives as referred to in this Article shall have the right to meet personally with designated representatives of the Corporation with respect to a grievance. The designated representative of the Corporation shall personally reply to the grievance in writing as provided for elsewhere in this Article. The authorized representatives of the parties must have no personal interest in the grievance which is being processed. An authorized representative shall be deemed to have a personal interest if she he made the decision that gave rise to the grievance, or if her his position or responsibilities are impacted by the measure that gave rise to the grievance. (e) When the Corporation's representative denies a grievance, her his reply shall include the reasons for the denial of the grievance. The Corporation at any stage of the grievance may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the Collective Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Processing of Grievances. 12.01 If they so desire, an employee may be assisted and/or represented by the Alliance at the complaint level and/or when presenting a Grievance at any level. 12.02 An employee who wishes to present a Grievance at any prescribed level in the grievance procedure, shall transmit this Grievance to their immediate supervisor or YCEU Local or YEU officer in charge who shall forthwith (a) forward the Grievance to the representative of the Employer authorized to deal with Grievances at the appropriate level; and (b) provide the employee with a receipt stating the date on which the Grievance was received by the Employer. Before an employee submits their complaint as a Grievance, the employee is encouraged to discuss the complaint with the appropriate immediate supervisor, Xxxx or Director in an attempt to resolve it. 12.03 A Grievance of an employee shall not be deemed to be invalid by reason only of the fact it is not in accordance with the form supplied by the Employer. 12.04 An employee who feels that they have been treated unjustly or consider themself aggrieved by any action or lack of action by the Employer, is entitled to present a Grievance in the manner prescribed in Article 12.02, except that where there is another administrative procedure provided by or under any other Act to deal with their specific complaint, such procedure must be followed. A “policy grievance” which, due to its nature, is not properly the subject of an employee grievance, may be initiated by the Alliance. 12.05 Except as otherwise provided in this Agreement, a grievance Grievance shall be processed through by recourse to the following steps: First Level — Appropriate Staff with the Director of the Division or Appropriate Xxxx; Second Level — the Director of Human Resource Services; Final Level — President 12.06 The Union or the Alliance shall have the right to consult with the appropriate one step Employer’s representative(s), other than the President, with respect to a Grievance at each or any level of the grievance procedure. The representatives , subject to Article 12.01. 12.07 An employee may present a Grievance to the First Level of the procedure, in the manner prescribed in Article 12.02 no later than fifteen (15) working days after the date on which they are notified orally or in writing or on which they first become aware of the action or circumstances giving rise to the Grievance. 12.08 An employee may present a Grievance at each succeeding level in the grievance procedure beyond the First Level either (a) where the decision or settlement is not satisfactory to them, within fifteen (15) working days after that decision or settlement has been conveyed in writing to them by the Employer’s representative for that Level; or (b) where the Employer’s representative for that Level has not conveyed a decision to them, within fifteen (15) working days after they presented the Grievance at the previous level. 12.09 The Employer shall normally reply to an employee’s Grievance at the first level of the grievance procedure within fifteen (15) working days after the Grievance is presented, and within twenty (20) working days where the Grievance is presented at the final level. 12.10 Where an employee has been represented by the Union or the Alliance in the presentation of their Grievance, the Employer will provide the appropriate representative of the Alliance with a copy of the Employer’s decision at each level of the grievance procedure at the same time that the Employer’s decision is conveyed to the employee. 12.11 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee, unless the Grievance is a class of Grievance that may be referred to arbitration. Grievance with respect to the interpretation or application of the collective agreement can only be referred to arbitration with the consent of the bargaining agent. 12.12 Where the provisions of Article 12.02 cannot be complied with and it is necessary to present a Grievance by mail, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present their Grievance at the next higher level shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form. 12.13 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Union or Alliance representative. 12.14 Where it appears that the nature of this Grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the Final Level may be eliminated by agreement between the Employer and the employee, and, where applicable, the Alliance. 12.15 Except as follows:provided in Article 12.19, an employee may, by written notice to their immediate supervisor or officer in charge, abandon a Grievance. (i) Local 12.16 Any employee who fails to present a Grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the Grievance unless, due to circumstances beyond their control, they were unable to comply with the prescribed time limits. 12.17 No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon their Grievance or refrain from exercising their right to present a Grievance, as provided in the Collective Agreement. 12.18 Where an employee has presented a Grievance up to and including the Final Level in the grievance - Corporation – Applicable General Manager procedure with respect to the interpretation or her authorized representative. - Association – Authorized Association Representativeapplication of this Collective Agreement, and their Grievance has not been dealt with to their satisfaction, they may refer the Grievance to arbitration in accordance with the provisions of the Canada Labour Code. (iia) National grievance - Corporation – General Manager An employee must obtain the approval of Labour Relations the Alliance and be represented by the Alliance before a Grievance can be referred to arbitration with respect to the application or her senior authorized representative. - Association – National Executive Officers or other authorized Association Representativeinterpretation of the collective agreement. (b) All policy grievancesA Grievance referred to arbitration can only be withdrawn by the employee with the prior approval of the Alliance. 12.20 An employee, interpretation grievances, classification grievances or grievances concerning employees in more than one area of competition as defined in Clause 11.07subject to Article 12.19, shall be considered to be national grievances and processed notify the Employer in accordance with Clause 7.08(a)(ii). All other grievances are considered to be local grievances and processed in accordance with Clause 7.08(a)(i). All grievances submitted locally will be dealt with at writing within thirty (30) working days following the local level; however, if a grievance is susceptible date of having national consequences, the General Manager of Labour Relations for the Corporation or her representative or a National Executive Officer for the Association may, by written notice sent to the other party within fifteen (15) days of the notice of arbitration, request that a local grievance be considered to be a national grievance. Upon receipt of the request such grievance shall be deemed to be a national grievance. (c) Each party shall designate its representatives in decision at the Final Level of the grievance procedure of their intention to appeal the decision to arbitration. 12.21 The parties agree that with regard to this Article and shall inform the other party Article 16 (Scope of the name or titles Bargaining Unit) and any other section of this Agreement (excluding Article 14.02) that may require Arbitration, arbitrators shall be chosen by mutual agreement. In the event that the parties are unable to agree on the selection of an arbitrator within 21 days, either party may apply to the Minister of Labour who will appoint an arbitrator. 12.22 The costs of the persons so designated. This information shall hearings are to be communicated by written notice. Each party shall notify the other party immediately of any changes of any designations of representatives at any level. (d) The Association representatives as referred to in this Article shall have the right to meet personally with designated representatives of the Corporation with respect to a grievance. The designated representative of the Corporation shall personally reply to the grievance in writing as provided for elsewhere in this Article. The authorized representatives of the parties must have no personal interest in the grievance which is being processed. An authorized representative shall be deemed to have a personal interest if she made the decision that gave rise to the grievance, or if her position or responsibilities are impacted shared equally by the measure that gave rise to the grievance. (e) When the Corporation's parties. A representative denies a grievance, her reply shall include the reasons for the denial of Employer and a representative for the grievanceemployees agree to work together to identify and select local arbitrators. The Corporation at any stage of Local arbitrators will be limited to appeals under Article 14.02, unless both parties agree to use the grievance may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the Collective Agreementarbitrator for an unpresidential case.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Processing of Grievances. (a) Except as otherwise provided in this Agreement, a grievance shall be processed through the appropriate one step procedure. The representatives in the appropriate grievance procedure shall be as follows: (i) : Local grievance - Corporation Applicable General Manager or her his authorized representative. - Association Authorized Association Representative. (ii) . National grievance - Corporation General Manager of Labour Relations or her his senior authorized representative. - Association National Executive Officers or other authorized Association Representative. (b) . All policy grievances, interpretation grievances, classification grievances or grievances concerning employees in more than one area of competition as defined in Clause 11.07, clause shall be considered to be national grievances and processed in accordance with Clause 7.08(a)(ii). clause All other grievances are considered to be local grievances and processed in accordance with Clause 7.08(a)(i). clause All grievances submitted locally will be dealt with at the local level; however, if a grievance is susceptible of having national consequences, the General Manager of Labour Relations for the Corporation or her his representative or a National Executive Officer for the Association may, by written notice sent to the other party within fifteen (15) days of the notice of arbitration, request that a local grievance be considered to be a national grievance. Upon receipt of the request such grievance shall be deemed to be a national grievance. (c) . Each party shall designate its representatives in the grievance procedure and shall inform the other party of the name or titles of the persons so designated. This information shall be communicated by written notice. Each party shall notify the other party immediately of any changes of any designations of representatives at any level. (d) . The Association representatives as referred to in this Article shall have the right to meet personally with designated representatives of the Corporation with respect to a grievance. The designated representative of the Corporation shall personally reply to the grievance in writing as provided for elsewhere in this Article. The authorized representatives of the parties must have no personal interest in the grievance which is being processed. An authorized representative shall be deemed to have a personal interest if she he made the decision that gave rise to the grievance, or if her his position or responsibilities are impacted by the measure that gave rise to the grievance. (e) When the Corporation's representative denies a grievance, her reply shall include the reasons for the denial of the grievance. The Corporation at any stage of the grievance may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the Collective Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Processing of Grievances. (a) If they so desire, an employee may be assisted represented by the Alliance at the complaint level when presenting a Grievance at any level. An employee who wishes to present a Grievance at any prescribed level in the grievance procedure, shall transmit this Grievance to their immediate supervisor or local in charge who shall forthwith forward the Grievance to the representative of the Employer authorized to deal with Grievances at the appropriate level; and provide the employee with a receipt stating the date on which the Grievance was received by him. A Grievance of an employee shall not be deemed to be invalid by reason only of the fact it is not in accordance with the form supplied by the Employer. An employee who feels that they have been treated unjustly or consider aggrieved by any action or lack of action by the Employer, is entitled to present a Grievance in the manner prescribed in Clause except that where there is another administrative procedure provided by or under any other Act to deal with their specific complaint, such procedure must be followed. A "policy grievance" which, due to its nature, is not properly the subject of an employee grievance, may be initiated by the Alliance. Except as otherwise provided in this Agreement, a grievance Grievance shall be processed through by recourse the following steps: First Level Appropriate Staff with the Manager of Human Resource Services; Second Level Director of the Division or Appropriate Xxxx; Final Level President The Union or the Alliance shall have the right to consult with the Employer with respect to a Grievance at each or any level of the grievance procedure, subject to Clause An employee may present a Grievance to the First Level of the procedure, in the manner prescribed in Clause no later than fifteen (15) working days after the date on which they are notified orally or in writing or on which they first become aware of the action or circumstances giving rise to the Grievance. (Before an employee submits their complaint as a Grievance, the employee is encouraged to discuss the complaint with the appropriate one step procedure. The representatives Xxxx, Excluded Director, or Excluded Manager in an attempt to resolve it.) An employee may present a Grievance at each succeeding level in the appropriate grievance procedure shall be as follows: beyond the First Level either where the decision or settlement is not satisfactory to them, within fifteen (i1 5) Local grievance - Corporation – Applicable General Manager working days after that decision or her authorized representative. - Association – Authorized Association Representative. (ii) National grievance - Corporation – General Manager of Labour Relations settlement has been conveyed in writing to them by the Employer; or her senior authorized representative. - Association – National Executive Officers or other authorized Association Representative. (b) All policy grievanceswhere the Employer has not conveyed a decision to them, interpretation grievances, classification grievances or grievances concerning employees in more than one area of competition as defined in Clause 11.07, shall be considered to be national grievances and processed in accordance with Clause 7.08(a)(ii). All other grievances are considered to be local grievances and processed in accordance with Clause 7.08(a)(i). All grievances submitted locally will be dealt with at the local level; however, if a grievance is susceptible of having national consequences, the General Manager of Labour Relations for the Corporation or her representative or a National Executive Officer for the Association may, by written notice sent to the other party within fifteen (15) working days after they presented the Grievance at the previous level. The Employer shall normally reply to an employee's Grievance at the first level of the notice of arbitration, request that a local grievance be considered to be a national grievance. Upon receipt of the request such grievance shall be deemed to be a national grievance. (c) Each party shall designate its representatives in the grievance procedure within fifteen (15) working days after the Grievance is presented, and shall inform the other party of the name or titles of the persons so designated. This information shall be communicated by written notice. Each party shall notify the other party immediately of any changes of any designations of representatives at any level. (d) The Association representatives as referred to in this Article shall have the right to meet personally with designated representatives of the Corporation with respect to a grievance. The designated representative of the Corporation shall personally reply to the grievance in writing as provided for elsewhere in this Article. The authorized representatives of the parties must have no personal interest in the grievance which is being processed. An authorized representative shall be deemed to have a personal interest if she made the decision that gave rise to the grievance, or if her position or responsibilities are impacted by the measure that gave rise to the grievance. (e) When the Corporation's representative denies a grievance, her reply shall include the reasons for the denial of the grievance. The Corporation at any stage of the grievance may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the Collective Agreement.within twenty

Appears in 1 contract

Samples: Collective Agreement

Processing of Grievances. (a) Except as otherwise provided in this Agreement, a grievance shall be processed through the appropriate one step procedure. The representatives in the appropriate grievance procedure shall be as follows: (i) Local grievance - Corporation – Applicable - Regional/Divisional General Manager or her his authorized representative. - Association Authorized Association Representative. (ii) National grievance - Corporation – General - Corporate Manager of Labour Relations or her his senior authorized representative. - Association National Executive Officers or other authorized Association Representative. (b) All policy grievances, interpretation grievances, classification grievances or grievances concerning employees in more than one area of competition as defined in Clause 11.07, region/division shall be considered to be national grievances and processed in accordance with Clause clause 7.08(a)(ii). All other grievances are considered to be local grievances and processed in accordance with Clause clause 7.08(a)(i). All grievances submitted locally will be dealt with at the local level; however, if a grievance is susceptible of having national consequences, the General Corporate Manager of Labour Relations for the Corporation or her his representative or a National Executive Officer for the Association may, by written notice sent to the other party within fifteen (15) days of the notice of arbitration, request that a local grievance be considered to be a national grievance. Upon receipt of the request such grievance shall be deemed to be a national grievance. (c) Each party shall designate its representatives in the grievance procedure and shall inform the other party of the name or titles of the persons so designated. This information shall be communicated by written notice. Each party shall notify the other party immediately of any changes of any designations of representatives at any level. (d) The Association representatives as referred to in this Article shall have the right to meet personally with designated representatives of the Corporation with respect to a grievance. The designated representative of the Corporation shall personally reply to the grievance in writing as provided for elsewhere in this Article. The authorized representatives of the parties must have no personal interest in the grievance which is being processed. An authorized representative shall be deemed to have a personal interest if she made the decision that gave rise to the grievance, or if her position or responsibilities are impacted by the measure that gave rise to the grievance. (e) When the Corporation's representative denies a grievance, her his reply shall include the reasons for the denial of the grievance. The Corporation at any stage of the grievance may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the Collective Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Processing of Grievances. 12.01 If they so desire, an employee may be assisted and/or represented by the Alliance at the complaint level and/or when presenting a Grievance at any level. 12.02 An employee who wishes to present a Grievance at any prescribed level in the grievance procedure, shall transmit this Grievance to their immediate supervisor or YCEU Local or YEU officer in charge who shall forthwith (a) forward the Grievance to the representative of the Employer authorized to deal with Grievances at the appropriate level; and (b) provide the employee with a receipt stating the date on which the Grievance was received by him. Before an employee submits their complaint as a Grievance, the employee is encouraged to discuss the complaint with the appropriate immediate supervisor, Xxxx or Director in an attempt to resolve it. 12.03 A Grievance of an employee shall not be deemed to be invalid by reason only of the fact it is not in accordance with the form supplied by the Employer. 12.04 An employee who feels that they have been treated unjustly or consider himself/herself aggrieved by any action or lack of action by the Employer, is entitled to present a Grievance in the manner prescribed in Clause 12.02, except that where there is another administrative procedure provided by or under any other Act to deal with their specific complaint, such procedure must be followed. A "policy grievance" which, due to its nature, is not properly the subject of an employee grievance, may be initiated by the Alliance. 12.05 Except as otherwise provided in this Agreement, a grievance Grievance shall be processed through by recourse to the following steps: First Level — Appropriate Staff with the Director of the Division or Appropriate Xxxx; Second Level — the Director of Human Resource Services; Final Level — President 12.06 The Union or the Alliance shall have the right to consult with the appropriate one step Employer’s representative(s), other than the President, with respect to a Grievance at each or any level of the grievance procedure. The representatives , subject to Clause 12.01. 12.07 An employee may present a Grievance to the First Level of the procedure, in the manner prescribed in Clause 12.02 no later than fifteen (15) working days after the date on which they are notified orally or in writing or on which they first become aware of the action or circumstances giving rise to the Grievance. 12.08 An employee may present a Grievance at each succeeding level in the grievance procedure beyond the First Level either (a) where the decision or settlement is not satisfactory to them, within fifteen (15) working days after that decision or settlement has been conveyed in writing to them by the Employer’s representative for that Level; or (b) where the Employer’s representative for that Level has not conveyed a decision to them, within fifteen (15) working days after they presented the Grievance at the previous level. 12.09 The Employer shall normally reply to an employee's Grievance at the first level of the grievance procedure within fifteen (15) working days after the Grievance is presented, and within twenty (20) working days where the Grievance is presented at the final level. 12.10 Where an employee has been represented by the Union or the Alliance in the presentation of their Grievance, the Employer will provide the appropriate representative of the Alliance with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee. 12.11 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee, unless the Grievance is a class of Grievance that may be referred to arbitration. Grievance with respect to the interpretation or application of the collective agreement can only be referred to arbitration with the consent of the bargaining agent. 12.12 Where the provisions of Clause 12.02 cannot be complied with and it is necessary to present a Grievance by mail, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present their Grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form. 12.13 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Union or Alliance representative. 12.14 Where it appears that the nature of this Grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the Final Level may be eliminated by agreement between the Employer and the employee, and, where applicable, the Alliance. 12.15 Except as follows:provided in Clause 12.19, an employee may, by written notice to their immediate supervisor or officer in charge, abandon a Grievance. (i) Local 12.16 Any employee who fails to present a Grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the Grievance unless, due to circumstances beyond their control, they were unable to comply with the prescribed time limits. 12.17 No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon their Grievance or refrain from exercising their right to present a Grievance, as provided in the Collective Agreement. 12.18 Where an employee has presented a Grievance up to and including the Final Level in the grievance - Corporation – Applicable General Manager procedure with respect to the interpretation or her authorized representative. - Association – Authorized Association Representativeapplication of this Collective Agreement, and their Grievance has not been dealt with to their satisfaction, they may refer the Grievance to arbitration in accordance with the provisions of the Canada Labour Code. (iia) National grievance - Corporation – General Manager An employee must obtain the approval of Labour Relations the Alliance and be represented by the Alliance before a Grievance can be referred to arbitration with respect to the application or her senior authorized representative. - Association – National Executive Officers or other authorized Association Representativeinterpretation of the collective agreement. (b) All policy grievancesA Grievance referred to arbitration can only be withdrawn by the employee with the prior approval of the Alliance. 12.20 An employee, interpretation grievances, classification grievances or grievances concerning employees in more than one area of competition as defined in subject to Clause 11.0712.19, shall be considered to be national grievances and processed notify the Employer in accordance with Clause 7.08(a)(ii). All other grievances are considered to be local grievances and processed in accordance with Clause 7.08(a)(i). All grievances submitted locally will be dealt with at writing within thirty (30) working days following the local level; however, if a grievance is susceptible date of having national consequences, the General Manager of Labour Relations for the Corporation or her representative or a National Executive Officer for the Association may, by written notice sent to the other party within fifteen (15) days of the notice of arbitration, request that a local grievance be considered to be a national grievance. Upon receipt of the request such grievance shall be deemed to be a national grievance. (c) Each party shall designate its representatives in decision at the Final Level of the grievance procedure and shall inform of their intention to appeal the other party decision to arbitration. 12.21 There will be a list established by mutual agreement of persons to act as Arbitrators. The costs of the name hearings are to be shared equally by the parties. A representative for the employer and a representative for the employees agree to work together to identify and select local arbitrators. Local arbitrators will be limited to appeals under Article 14.02, unless both parties agree to use the arbitrator for an unprecedential case. 12.22 Suspension, Discharge or titles Community Transfer Cases of the persons so designated. This information alleged wrongful suspension, alleged wrongful discharge or an alleged unreasonable community transfer shall be communicated by written notice. Each party shall notify governed under the other party immediately of any changes of any designations of representatives at any level. (d) The Association representatives as referred to in this Article shall have Policy, Guidelines, Regulations and Procedures Manual, and the right to meet personally with designated representatives of the Corporation with respect to a grievance. The designated representative of the Corporation shall personally reply to the grievance in writing as provided for elsewhere in this Article. The authorized representatives of the parties must have no personal interest in the grievance which is being processed. An authorized representative Grievance shall be deemed to have a personal interest if she made processed at the decision that gave rise to the grievance, or if her position or responsibilities are impacted by the measure that gave rise to the grievance. (e) When the Corporation's representative denies a grievance, her reply shall include the reasons for the denial of the grievance. The Corporation at any stage Final Level of the grievance may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the Collective Agreementprocedure.

Appears in 1 contract

Samples: Collective Agreement

Processing of Grievances. (a) Except as otherwise provided in this Agreementagreement, a grievance shall be processed through the appropriate one step procedure. The representatives in the appropriate grievance procedure shall be as followsdescribed below: (ia) Local grievance - Corporation – Applicable General Manager - Director of Function or her authorized representative. - Association – Alliance - Authorized Association RepresentativeRepresentatives of the Alliance. (iib) National grievance - Corporation – General - Corporate Manager of Labour Relations or her senior authorized representative. - Association – National Executive Officers or other authorized Association RepresentativeAlliance - Authorized Representatives of the Alliance. (bc) All policy grievances, interpretation grievances, classification grievances (refer to 19.13), policy or interpretation grievances or group grievances concerning employees in more than one area of competition as defined in Clause 11.07, (1) Corporate Division/Region shall be considered to be national grievances and processed in accordance with Clause 7.08(a)(iiclause 19.08(b). All Unless otherwise specified in the agreement or mutually agreed upon, all other grievances are will be considered to be as local grievances and processed in accordance with Clause 7.08(a)(iclause 19.08(a). All grievances submitted locally will be dealt with at the local level; however, if If a grievance is susceptible of having national consequences, the General Corporate Manager of Labour Relations or his authorized representative for the Corporation or her an authorized representative or a National Executive Officer for of the Association Alliance may, by written notice sent to the other party within fifteen (15) days of the notice of referral to arbitration, request that a local grievance be considered to be a national grievance. Upon receipt of the request such grievance shall be deemed to be a national grievance. (cd) Each The Alliance and the Corporation shall notify each other in writing of the names and areas of jurisdiction of the representatives authorized to represent each party shall designate its representatives in the grievance procedure presentation of grievances and shall inform the promptly notify each other party in writing of the name or titles of the persons so designated. This information shall be communicated by written notice. Each party shall notify the other party immediately of any changes of any designations of representatives at any levelin these names. (de) The Association representatives Corporation may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the collective agreement. (f) The authorized representative of the Alliance as referred to in this Article shall have the right to meet personally with designated representatives of the Corporation with respect to a grievance. The designated representative of the Corporation shall personally reply to the grievance in writing as provided for elsewhere in this Article. The authorized representatives of the parties must have no personal interest in the grievance which is being processed. An authorized representative shall be deemed to have a personal interest if she made the decision that gave rise to the grievance, or if her position or responsibilities are impacted by the measure that gave rise to the grievance. (eg) When the Corporation's representative denies a grievance, her the reply shall include the reasons for the denial of the grievance. The Corporation at any stage of the grievance may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the Collective Agreement.

Appears in 1 contract

Samples: Collective Agreement

Processing of Grievances. 12.01 If they so desire, an employee may be assisted and/or represented by the Alliance at the complaint level and/or when presenting a Grievance at any level. 12.02 An employee who wishes to present a Grievance at any prescribed level in the grievance procedure, shall transmit this Grievance to their immediate supervisor or YCEU Local or YEU officer in charge who shall forthwith (a) forward the Grievance to the representative of the Employer authorized to deal with Grievances at the appropriate level; and (b) provide the employee with a receipt stating the date on which the Grievance was received by him. Before an employee submits their complaint as a Grievance, the employee is encouraged to discuss the complaint with the appropriate immediate supervisor, Xxxx or Director in an attempt to resolve it. 12.03 A Grievance of an employee shall not be deemed to be invalid by reason only of the fact it is not in accordance with the form supplied by the Employer. 12.04 An employee who feels that they have been treated unjustly or consider themself aggrieved by any action or lack of action by the Employer, is entitled to present a Grievance in the manner prescribed in Clause 12.02, except that where there is another administrative procedure provided by or under any other Act to deal with their specific complaint, such procedure must be followed. A "policy grievance" which, due to its nature, is not properly the subject of an employee grievance, may be initiated by the Alliance. 12.05 Except as otherwise provided in this Agreement, a grievance Grievance shall be processed through by recourse to the following steps: First Level — Appropriate Staff with the Director of the Division or Appropriate Xxxx; Second Level — the Director of Human Resource Services; Final Level — President 12.06 The Union or the Alliance shall have the right to consult with the appropriate one step Employer’s representative(s), other than the President, with respect to a Grievance at each or any level of the grievance procedure. The representatives , subject to Clause 12.01. 12.07 An employee may present a Grievance to the First Level of the procedure, in the manner prescribed in Clause 12.02 no later than fifteen (15) working days after the date on which they are notified orally or in writing or on which they first become aware of the action or circumstances giving rise to the Grievance. 12.08 An employee may present a Grievance at each succeeding level in the grievance procedure beyond the First Level either (a) where the decision or settlement is not satisfactory to them, within fifteen (15) working days after that decision or settlement has been conveyed in writing to them by the Employer’s representative for that Level; or (b) where the Employer’s representative for that Level has not conveyed a decision to them, within fifteen (15) working days after they presented the Grievance at the previous level. 12.09 The Employer shall normally reply to an employee's Grievance at the first level of the grievance procedure within fifteen (15) working days after the Grievance is presented, and within twenty (20) working days where the Grievance is presented at the final level. 12.10 Where an employee has been represented by the Union or the Alliance in the presentation of their Grievance, the Employer will provide the appropriate representative of the Alliance with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee. 12.11 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee, unless the Grievance is a class of Grievance that may be referred to arbitration. Grievance with respect to the interpretation or application of the collective agreement can only be referred to arbitration with the consent of the bargaining agent. 12.12 Where the provisions of Clause 12.02 cannot be complied with and it is necessary to present a Grievance by mail, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present their Grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form. 12.13 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Union or Alliance representative. 12.14 Where it appears that the nature of this Grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the Final Level may be eliminated by agreement between the Employer and the employee, and, where applicable, the Alliance. 12.15 Except as follows:provided in Clause 12.19, an employee may, by written notice to their immediate supervisor or officer in charge, abandon a Grievance. (i) Local 12.16 Any employee who fails to present a Grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the Grievance unless, due to circumstances beyond their control, they were unable to comply with the prescribed time limits. 12.17 No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon their Grievance or refrain from exercising their right to present a Grievance, as provided in the Collective Agreement. 12.18 Where an employee has presented a Grievance up to and including the Final Level in the grievance - Corporation – Applicable General Manager procedure with respect to the interpretation or her authorized representative. - Association – Authorized Association Representativeapplication of this Collective Agreement, and their Grievance has not been dealt with to their satisfaction, they may refer the Grievance to arbitration in accordance with the provisions of the Canada Labour Code. (iia) National grievance - Corporation – General Manager An employee must obtain the approval of Labour Relations the Alliance and be represented by the Alliance before a Grievance can be referred to arbitration with respect to the application or her senior authorized representative. - Association – National Executive Officers or other authorized Association Representativeinterpretation of the collective agreement. (b) All policy grievancesA Grievance referred to arbitration can only be withdrawn by the employee with the prior approval of the Alliance. 12.20 An employee, interpretation grievances, classification grievances or grievances concerning employees in more than one area of competition as defined in subject to Clause 11.0712.19, shall be considered to be national grievances and processed notify the Employer in accordance with Clause 7.08(a)(ii). All other grievances are considered to be local grievances and processed in accordance with Clause 7.08(a)(i). All grievances submitted locally will be dealt with at writing within thirty (30) working days following the local level; however, if a grievance is susceptible date of having national consequences, the General Manager of Labour Relations for the Corporation or her representative or a National Executive Officer for the Association may, by written notice sent to the other party within fifteen (15) days of the notice of arbitration, request that a local grievance be considered to be a national grievance. Upon receipt of the request such grievance shall be deemed to be a national grievance. (c) Each party shall designate its representatives in decision at the Final Level of the grievance procedure of their intention to appeal the decision to arbitration. 12.21 The parties agree that with regard to this Article and shall inform the other party Article 16 (Scope of the name or titles Bargaining Unit) and any other section of this Agreement (excluding Article 14.02) that may require Arbitration, arbitrators shall be chosen by mutual agreement. In the event that the parties are unable to agree on the selection of an arbitrator within 21 days, either party may apply to the Minister of Labour who will appoint an arbitrator. 12.22 The costs of the persons so designated. This information shall hearings are to be communicated by written notice. Each party shall notify the other party immediately of any changes of any designations of representatives at any level. (d) The Association representatives as referred to in this Article shall have the right to meet personally with designated representatives of the Corporation with respect to a grievance. The designated representative of the Corporation shall personally reply to the grievance in writing as provided for elsewhere in this Article. The authorized representatives of the parties must have no personal interest in the grievance which is being processed. An authorized representative shall be deemed to have a personal interest if she made the decision that gave rise to the grievance, or if her position or responsibilities are impacted shared equally by the measure that gave rise to the grievance. (e) When the Corporation's parties. A representative denies a grievance, her reply shall include the reasons for the denial of employer and a representative for the grievanceemployees agree to work together to identify and select local arbitrators. The Corporation at any stage of Local arbitrators will be limited to appeals under Article 14.02, unless both parties agree to use the grievance may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the Collective Agreementarbitrator for an unprecedential case.

Appears in 1 contract

Samples: Collective Agreement

Processing of Grievances. 13.01 This Article provides a formal method for complaint procedures. Before any formal measures are taken, in recognition of the authority of Elders and/ or other respected members of the Indigenous community, grievors may request these community members to act in a supportive, confidential capacity throughout the grievance process. The parties may also agree that such a community member will act as a mediator or decision maker. This shall not be interpreted to be an obligation on any individual to seek the assistance of a member of the Indigenous community. 13.02 If they so desire, an employee may be assisted and/or represented by the Alliance at the complaint level and/or when presenting a Grievance at any level. 13.03 An employee who wishes to present a Grievance at any prescribed level in the grievance procedure, shall transmit this Grievance to their immediate supervisor or YUEU Local or YUEU officer in charge who shall forthwith (a) forward the Grievance to the representative of the Employer authorized to deal with Grievances at the appropriate level; and (b) provide the employee with a receipt stating the date on which the Grievance was received by the Employer. Before an employee submits their complaint as a Grievance, the employee is encouraged to discuss the complaint with the appropriate immediate supervisor, Xxxx or Director in an attempt to resolve it. 13.04 A Grievance of an employee shall not be deemed to be invalid by reason only of the fact it is not in accordance with the form supplied by the Employer. 13.05 An employee who feels that they have been treated unjustly or consider themself aggrieved by any action or lack of action by the Employer is entitled to present a Grievance in the manner prescribed in Article 13.03, except where there is another administrative procedure provided by or under any other Act to deal with their specific complaint, such procedure must be followed. A “policy grievance” which, due to its nature, is not properly the subject of an employee grievance, may be initiated by the Alliance. 13.06 Except as otherwise provided in this Agreement, a grievance Grievance shall be processed through by recourse to the following steps: First Level — Appropriate Staff with the Director of the Division or Appropriate Xxxx; Second Level — the Director of Human Resource Services; Final Level — President 13.07 The Union or the Alliance shall have the right to consult with the appropriate one step Employer’s representative(s), other than the President, with respect to a Grievance at each or any level of the grievance procedure. The representatives , subject to Article 13.02. 13.08 An employee may present a Grievance to the First Level of the procedure, in the manner prescribed in Article 13.03 no later than fifteen (15) working days after the date on which they are notified orally or in writing or on which they first become aware of the action or circumstances giving rise to the Grievance. 13.09 An employee may present a Grievance at each succeeding level in the grievance procedure beyond the First Level either (a) where the decision or settlement is not satisfactory to them, within fifteen (15) working days after that decision or settlement has been conveyed in writing to them by the Employer’s representative for that Level; or (b) where the Employer’s representative for that Level has not conveyed a decision to them, within fifteen (15) working days after they presented the Grievance at the previous level. 13.10 The Employer shall normally reply to an employee’s Grievance at the first level of the grievance procedure within fifteen (15) working days after the Grievance is presented, and within twenty (20) working days where the Grievance is presented at the final level. 13.11 Where an employee has been represented by the Union or the Alliance in the presentation of their Grievance, the Employer will provide the appropriate representative of the Alliance with a copy of the Employer’s decision at each level of the grievance procedure at the same time that the Employer’s decision is conveyed to the employee. 13.12 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee, unless the Grievance is a class of Grievance that may be referred to arbitration. Grievance with respect to the interpretation or application of the collective agreement can only be referred to arbitration with the consent of the bargaining agent. 13.13 Where the provisions of Article 13.03 cannot be complied with and it is necessary to present a Grievance by mail, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present their Grievance at the next higher level shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form. 13.14 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Union or Alliance representative. 13.15 Where it appears that the nature of this Grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the Final Level may be eliminated by agreement between the Employer and the employee, and, where applicable, the Alliance. 13.16 Except as follows:provided in Article 13.20, an employee may, by written notice to their immediate supervisor or officer in charge, abandon a Grievance. (i) Local 13.17 Any employee who fails to present a Grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the Grievance unless, due to circumstances beyond their control, they were unable to comply with the prescribed time limits. 13.18 No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon their Grievance or refrain from exercising their right to present a Grievance, as provided in the Collective Agreement. 13.19 Where an employee has presented a Grievance up to and including the Final Level in the grievance - Corporation – Applicable General Manager procedure with respect to the interpretation or her authorized representative. - Association – Authorized Association Representativeapplication of this Collective Agreement, and their Grievance has not been dealt with to their satisfaction, they may refer the Grievance to arbitration in accordance with the provisions of the Canada Labour Code. (iia) National grievance - Corporation – General Manager An employee must obtain the approval of Labour Relations the Alliance and be represented by the Alliance before a Grievance can be referred to arbitration with respect to the application or her senior authorized representative. - Association – National Executive Officers or other authorized Association Representativeinterpretation of the collective agreement. (b) All policy grievancesA Grievance referred to arbitration can only be withdrawn by the employee with the prior approval of the Alliance. 13.21 An employee, interpretation grievances, classification grievances or grievances concerning employees in more than one area of competition as defined in Clause 11.07subject to Article 13.20, shall be considered to be national grievances and processed notify the Employer in accordance with Clause 7.08(a)(ii). All other grievances are considered to be local grievances and processed in accordance with Clause 7.08(a)(i). All grievances submitted locally will be dealt with at writing within thirty (30) working days following the local level; however, if a grievance is susceptible date of having national consequences, the General Manager of Labour Relations for the Corporation or her representative or a National Executive Officer for the Association may, by written notice sent to the other party within fifteen (15) days of the notice of arbitration, request that a local grievance be considered to be a national grievance. Upon receipt of the request such grievance shall be deemed to be a national grievance. (c) Each party shall designate its representatives in decision at the Final Level of the grievance procedure of their intention to appeal the decision to arbitration. 13.22 The parties agree that with regard to this Article and shall inform the other party Article 17 (Scope of the name or titles Bargaining Unit) and any other section of this Agreement (excluding Article 15.03) that may require Arbitration, arbitrators shall be chosen by mutual agreement. In the event that the parties are unable to agree on the selection of an arbitrator within 21 days, either party may apply to the Minister of Labour who will appoint an arbitrator. 13.23 The costs of the persons so designatedhearings are to be shared equally by the parties. This information A representative for the Employer and a representative for the employees agree to work together to identify and select local arbitrators. Local arbitrators will be limited to appeals under Article 15.03, unless both parties agree to use the arbitrator for an unpresidential case. 13.24 Suspension, Discharge or Community Transfer Cases of alleged wrongful suspension, alleged wrongful discharge, or an alleged unreasonable community transfer shall be communicated by written notice. Each party shall notify processed at the other party immediately of any changes of any designations of representatives at any level. (d) The Association representatives as referred to in this Article shall have the right to meet personally with designated representatives of the Corporation with respect to a grievance. The designated representative of the Corporation shall personally reply to the grievance in writing as provided for elsewhere in this Article. The authorized representatives of the parties must have no personal interest in the grievance which is being processed. An authorized representative shall be deemed to have a personal interest if she made the decision that gave rise to the grievance, or if her position or responsibilities are impacted by the measure that gave rise to the grievance. (e) When the Corporation's representative denies a grievance, her reply shall include the reasons for the denial of the grievance. The Corporation at any stage Final Level of the grievance may request a more specific statement of a grievance, if the grievance does not clearly and sufficiently set out the alleged complaint or violation of the Collective Agreementprocedure.

Appears in 1 contract

Samples: Collective Agreement

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