Common use of PRODUCTION STANDARDS Clause in Contracts

PRODUCTION STANDARDS. 30.01 Notwithstanding the rights exclusively reserved to the company under the provisions of article 3, the following special provisions shall be applicable to the operations of the company at Oakville only. (a) When time studies are made they shall be made on the basis of fairness and equity and shall recognize the required quality of workmanship, the efficiency of operations and the reasonable working capacity of normal experienced operators, with due consideration to fatigue. (b) When a study is to be made for the purpose of establishing a production standard the employee on such job shall be notified at the time the study is to be made. When a study is made for purposes other than establishing a production standard, the purpose of the study will be made known to a union representative if he/she requests it. (i) Work assignments on conveyor lines will be made in accordance with line speeds and available work space and the expected normal ratio of model mix. When it is necessary to adjust the normal scheduled mix on conveyor lines which results in more or less work being required, compensating adjustments in work assignment, manpower, spacing of units, line speed or any combination thereof will be made. Arrangements will be made locally to establish procedures which will provide advance knowledge of mix changes that require compensating adjustments (ii) When there is no established production standard, an employee who is following the prescribed method and using the tools provided in the proper manner and performing at a normal pace, will not be disciplined for failure to obtain an expected amount of production. (iii) Circumstances affecting the time of performance of a particular job that were not taken into account in establishing a production standard are known as non-standard conditions. When established non-standard conditions exist which adversely affect the operation and are brought to the attention of management, an employee who is following the prescribed method and using the tools provided in the proper manner and performing at a normal pace will not be required to obtain the expected amount of production. (iv) No employee will be disciplined for failure to meet an established production standard unless he/she has been advised at least (four) 4 days in advance as to what such established production standard is. (d) Model mix shall be taken into account in establishing and/or changing production standards on car and body assembly line operations. The speed of such assembly lines will not be increased beyond the level for which they are manned for the purpose of making up for loss of production due to breakdowns or unscheduled line gaps or stops. The company will notify the union concerning the mechanical regulation of main assembly line speeds (e) When a production standard is established and is not disputed, or is disputed and settled, the element times shall remain unchanged and not subject to dispute unless and until the operation is changed as a result of change in method, layout, tools, equipment, materials or product design. (a) The following provisions shall apply at Oakville: (i) Local 707 may appoint and upon receipt of notice of appointment the company shall recognize a special committeeperson to function as in this article provided. The special committeeperson shall be an employee having at least twelve (12) months' seniority. (ii) The special committeeperson shall represent employees in disputes arising under procedures provided for in this article. Other committeepersons shall have no jurisdiction. The special committeeperson shall be permitted full-time for the performance of his/her duties as such. (iii) The special committeeperson will be assigned to a regular eight (8) hour shift. He/she will work the hours of that shift whenever the assembly line operations of such plant are scheduled to work such shift, and he/she will also be entitled to be at work whenever such assembly line operations of the shift to which he/she is assigned are scheduled to work overtime or extra time. He/she will be responsible to the human resources manager or his/her nominee. When he/she ceases to hold office he/she will be returned, consistent with his/her seniority, to the classification in the department in which he/she was employed at the time of his/her appointment as special committeeperson. (iv) Prior to functioning as a special committeeperson in a department, the special committeeperson at Oakville shall first report to the supervisor of that department. (v) The company agrees to make available a filing cabinet with three (3) drawers equipped with locks for the use of the special committeeperson for the keeping of documents and records. (vi) Whenever the special committeeperson is absent from the plant on his/her own time during periods when he/she is entitled to act as such, the company will recognize an alternate special committeeperson designated by the chairperson. (b) Not in Use – 30.04 Where a dispute arises regarding a production standard which has been changed or established, the following special grievance procedure and not the grievance procedures specified elsewhere in this agreement shall apply: (a) The employee affected will take his/her complaint up with his/her supervisor. The supervisor will answer the complaint as promptly as possible and in any event within two (2) working days. (b) If the complaint thereafter remains in dispute, the employee may request his/her committeeperson who will be sent for without delay. Upon reporting to the supervisor of the job involved, the committeeperson may investigate the job. If there is still a dispute after the committeeperson has examined the job, he/she may, if he/she so elects, request the presence of the special committeeperson. The supervisor and/or the company time study person will examine the job in detail with the committeeperson and/or the special committeeperson at the job. The committeeperson and/or special committeeperson will, upon request, be permitted to examine the available time study data relating to the disputed job. When available, the cycle time or other pertinent time study data that is relevant to the dispute will also be made available upon request. However, it is mutually recognized that it would be impractical to provide this information during periods of production acceleration. (c) The best efforts of the company and union representatives concerned shall be employed in resolving a dispute regarding a production standard at this step of the grievance procedure. (d) If the matter is then not resolved at this point, a written grievance may be filed with the superintendent concerned, signed by the aggrieved employee or a group of aggrieved employees and thereafter will be handled in accordance with the procedure set out in the following paragraphs. (e) After the superintendent has considered the grievance, he/she will deliver his/her decision in writing as soon as possible, but in any event not later than the second regular working day next following the day upon which he/she receives the grievance. (f) If the grievance is not resolved by the superintendent, it may, within two (2) working days of the superintendent's written answer, be appealed by the special committeeperson to the next step, as provided below, by giving written notice to the labour relations supervisor. (g) Within three (3) working days of receipt of the appeal, the grievance will be considered at a special step of the grievance procedure by not more than four (4) representatives of the union including the special committeeperson and plant chairperson concerned and not more than four (4) representatives of the company, at least one of whom will be a superintendent or above. Whenever mutually agreed, more than four (4) representatives of the union and of the company may participate at this step. (h) After the grievance is appealed to the step described in the preceding paragraph and prior to the meeting on the grievance at that step, one of the four (4) representatives of the union who will participate at this step in the grievance procedure may make a further investigation of the grievance. At the same time, a national representative from the national union will be permitted to observe and study the job or jobs which are the subject of the grievance concerned. If the union so requests, the national representative from the national union shall be allowed to attend the meeting described in section 30.04 (g) above, as one of the 4, and act as an advisor to the local representatives. (i) Within two (2) working days of the meeting described at this step in the procedure, the company will give a written answer. If the grievance is not settled at this step, the plant chairperson concerned may, within two (2) working days, appeal the grievance by giving written notice to the human resources manager. (j) The human resources manager will forward a written reply within five (5) working days following the receipt of the written appeal of the chairperson of the plant concerned. If the matter is still unresolved by the human resources manager's reply, the president of the local concerned may, within five (5) working days (k) Any of the time limits specified above may be extended by mutual agreement in writing. Any case not appealed from one step of this procedure to the next within the time limit specified will be considered closed on the basis of the last decision given. (a) When a grievance arising under this article is referred to arbitration, the same shall be considered in the manner and subject to the conditions and provisions set out in this article and the decision of the work standards arbitrator shall be final and binding upon the parties and upon all employees. (b) The parties shall select a qualified industrial engineer to be the work standards arbitrator and failing agreement by the parties, the Minister of Labour for Ontario shall be requested to appoint a qualified industrial engineer to be the work standards arbitrator. The parties have agreed on rules of procedure to govern appeals to the work standards arbitrator. The rules are set out in appendix 'S' to this agreement. (c) The work standards arbitrator shall not alter, add to, subtract from, modify or amend any part of this agreement. (d) No cost of any arbitration shall be awarded to or against either party. The union and the company shall each be responsible for one-half of the expenses of and the fee payable to the work standards arbitrator, and the union and the company agree that, notwithstanding the provisions of the Ontario Arbitration Act, the expenses of and the fee payable to the arbitrator shall be such as he/she may reasonably require. (e) In considering a grievance arising under, and appealed in accordance with this procedure, the arbitrator will not change any standard, but will be empowered to rule upon the procedure and correctness of all the facts of the case. If either party so requests, and the arbitrator elects, he/she will be allowed to enter the plant in which the dispute arose for the purpose of observing the job or jobs which are the subject of the grievance concerned. At his/her discretion, the arbitrator may also take a time study of the operation, using a normal experienced operator on the job. If the parties cannot agree on the normal experienced operator to be studied, the arbitrator shall select him/her. (f) The arbitrator's decision in a case shall be rendered within fifteen (15) days from the date he/she hears the grievance appealed to him/her under this production standards special grievance procedure. (g) After receipt of the decision of the arbitrator the company will take any necessary corrective steps promptly.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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PRODUCTION STANDARDS. 30.01 Notwithstanding the rights exclusively reserved to the company under the provisions of article 3, the following special provisions shall be applicable to the operations of the company at Oakville only. (a) When time studies are made they shall be made on the basis of fairness and equity and shall recognize the required quality of workmanship, the efficiency of operations and the reasonable working capacity of normal experienced operators, with due consideration to fatigue. (b) When a study is to be made for the purpose of establishing a production standard the employee on such job shall be notified at the time the study is to be made. When a study is made for purposes other than establishing a production standard, the purpose of the study will be made known to a union representative if he/she requests it. (i) Work assignments on conveyor lines will be made in accordance with line speeds and available work space and the expected normal ratio of model mix. When it is necessary to adjust the normal scheduled mix on conveyor lines which results in more or less work being required, compensating adjustments in work assignment, manpower, spacing of units, line speed or any combination thereof will be made. Arrangements will be made locally to establish procedures which will provide advance knowledge of mix changes that require compensating adjustmentsadvance (ii) When there is no established production standard, an employee who is following the prescribed method and using the tools provided in the proper manner and performing at a normal pace, will not be disciplined for failure to obtain an expected amount of production. (iii) Circumstances affecting the time of performance of a particular job that were not taken into account in establishing a production standard are known as non-standard conditions. When established non-standard conditions exist which adversely affect the operation and are brought to the attention of management, an employee who is following the prescribed method and using the tools provided in the proper manner and performing at a normal pace will not be required to obtain the expected amount of production. (iv) No employee will be disciplined for failure to meet an established production standard unless he/she has been advised at least (four) 4 days in advance as to what such established production standard is. (d) Model mix shall be taken into account in establishing and/or changing production standards on car and body assembly line operations. The speed of such assembly lines will not be increased beyond the level for which they are manned for the purpose of making up for loss of production due to breakdowns or unscheduled line gaps or stops. The company will notify the union concerning the mechanical regulation of main assembly line speeds (e) When a production standard is established and is not disputed, or is disputed and settled, the element times shall remain unchanged and not subject to dispute unless and until the operation is changed as a result of change in method, layout, tools, equipment, materials or product design. (a) The following provisions shall apply at Oakville: (i) Local 707 may appoint and upon receipt of notice of appointment the company shall recognize a special committeeperson to function as in this article provided. The special committeeperson shall be an employee having at least twelve (12) months' seniority. (ii) The special committeeperson shall represent employees in disputes arising under procedures provided for in this article. Other committeepersons shall have no jurisdiction. The special committeeperson shall be permitted full-time for the performance of his/her duties as such. (iii) The special committeeperson will be assigned to a regular eight (8) hour shift. He/she will work the hours of that shift whenever the assembly line operations of such plant are scheduled to work such shift, and he/she will also be entitled to be at work whenever such assembly line operations of the shift to which he/she is assigned are scheduled to work overtime or extra time. He/she will be responsible to the human resources manager or his/her nominee. When he/she ceases to hold office he/she will be returned, consistent with his/her seniority, to the classification in the department in which he/she was employed at the time of his/her appointment as special committeeperson. (iv) Prior to functioning as a special committeeperson in a department, the special committeeperson at Oakville shall first report to the supervisor of that department. (v) The company agrees to make available a filing cabinet with three (3) drawers equipped with locks for the use of the special committeeperson for the keeping of documents and records. (vi) Whenever the special committeeperson is absent from the plant on his/her own time during periods when he/she is entitled to act as such, the company will recognize an alternate special committeeperson designated by the chairperson. (b) Not in Use – 30.04 Where a dispute arises regarding a production standard which has been changed or established, the following special grievance procedure and not the grievance procedures specified elsewhere in this agreement shall apply: (a) The employee affected will take his/her complaint up with his/her supervisor. The supervisor will answer the complaint as promptly as possible and in any event within two (2) working days. (b) If the complaint thereafter remains in dispute, the employee may request his/her committeeperson who will be sent for without delay. Upon reporting to the supervisor of the job involved, the committeeperson may investigate the job. If there is still a dispute after the committeeperson has examined the job, he/she may, if he/she so elects, request the presence of the special committeeperson. The supervisor and/or the company time study person will examine the job in detail with the committeeperson and/or the special committeeperson at the job. The committeeperson and/or special committeeperson will, upon request, be permitted to examine the available time study data relating to the disputed job. When available, the cycle time or other pertinent time study data that is relevant to the dispute will also be made available upon request. However, it is mutually recognized that it would be impractical to provide this information during periods of production acceleration.data (c) The best efforts of the company and union representatives concerned shall be employed in resolving a dispute regarding a production standard at this step of the grievance procedure. (d) If the matter is then not resolved at this point, a written grievance may be filed with the superintendent concerned, signed by the aggrieved employee or a group of aggrieved employees and thereafter will be handled in accordance with the procedure set out in the following paragraphs. (e) After the superintendent has considered the grievance, he/she will deliver his/her decision in writing as soon as possible, but in any event not later than the second regular working day next following the day upon which he/she receives the grievance. (f) If the grievance is not resolved by the superintendent, it may, within two (2) working days of the superintendent's written answer, be appealed by the special committeeperson to the next step, as provided below, by giving written notice to the labour relations supervisor. (g) Within three (3) working days of receipt of the appeal, the grievance will be considered at a special step of the grievance procedure by not more than four (4) representatives of the union including the special committeeperson and plant chairperson concerned and not more than four (4) representatives of the company, at least one of whom will be a superintendent or above. Whenever mutually agreed, more than four (4) representatives of the union and of the company may participate at this step. (h) After the grievance is appealed to the step described in the preceding paragraph and prior to the meeting on the grievance at that step, one of the four (4) representatives of the union who will participate at this step in the grievance procedure may make a further investigation of the grievance. At the same time, a national representative from the national union will be permitted to observe and study the job or jobs which are the subject of the grievance concerned. If the union so requests, the national representative from the national union shall be allowed to attend the meeting described in section 30.04 (g) above, as one of the 4, and act as an advisor to the local representatives. (i) Within two (2) working days of the meeting described at this step in the procedure, the company will give a written answer. If the grievance is not settled at this step, the plant chairperson concerned may, within two (2) working days, appeal the grievance by giving written notice to the human resources manager.a (j) The human resources manager will forward a written reply within five (5) working days following the receipt of the written appeal of the chairperson of the plant concerned. If the matter is still unresolved by the human resources manager's reply, the president of the local concerned may, within five (5) working daysdays after the written decision of the human resources manager, file a written request for arbitration of the dispute. (k) Any of the time limits specified above may be extended by mutual agreement in writing. Any case not appealed from one step of this procedure to the next within the time limit specified will be considered closed on the basis of the last decision given. (a) When a grievance arising under this article is referred to arbitration, the same shall be considered in the manner and subject to the conditions and provisions set out in this article and the decision of the work standards arbitrator shall be final and binding upon the parties and upon all employees. (b) The parties shall select a qualified industrial engineer to be the work standards arbitrator and failing agreement by the parties, the Minister of Labour for Ontario shall be requested to appoint a qualified industrial engineer to be the work standards arbitrator. The parties have agreed on rules of procedure to govern appeals to the work standards arbitrator. The rules are set out in appendix 'S' to this agreement. (c) The work standards arbitrator shall not alter, add to, subtract from, modify or amend any part of this agreement. (d) No cost of any arbitration shall be awarded to or against either party. The union and the company shall each be responsible for one-half of the expenses of and the fee payable to the work standards arbitrator, and the union and the company agree that, notwithstanding the provisions of the Ontario Arbitration Act, the expenses of and the fee payable to the arbitrator shall be such as he/she may reasonably require. (e) In considering a grievance arising under, and appealed in accordance with this procedure, the arbitrator will not change any standard, but will be empowered to rule upon the procedure and correctness of all the facts of the case. If either party so requests, and the arbitrator elects, he/she will be allowed to enter the plant in which the dispute arose for the purpose of observing the job or jobs which are the subject of the grievance concerned. At his/her discretion, the arbitrator may also take a time study of the operation, using a normal experienced operator on the job. If the parties cannot agree on the normal experienced operator to be studied, the arbitrator shall select him/her.operator (f) The arbitrator's decision in a case shall be rendered within fifteen (15) days from the date he/she hears the grievance appealed to him/her under this production standards special grievance procedure. (g) After receipt of the decision of the arbitrator the company will take any necessary corrective steps promptly.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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PRODUCTION STANDARDS. 30.01 Notwithstanding the rights exclusively reserved to the company under the provisions of article 3, the following special provisions shall be applicable to the operations of the company at Oakville and St. Xxxxxx only. (a) When time studies are made they shall be made on the basis of fairness and equity and shall recognize the required quality of workmanship, the efficiency of operations and the reasonable working capacity of normal experienced operators, with due consideration to fatigue. (b) When a study is to be made for the purpose of establishing a production standard the employee on such job shall be notified at the time the study is to be made. When a study is made for purposes other than establishing a production standard, the purpose of the study will be made known to a union representative if he/she requests it. (i) Work assignments on conveyor lines will be made in accordance with line speeds and available work space and the expected normal ratio of model mix. When it is necessary to adjust the normal scheduled mix on conveyor lines which results in more or less work being required, compensating adjustments in work assignment, manpower, spacing of units, line speed or any combination thereof will be made. Arrangements will be made locally to establish procedures which will provide advance knowledge of mix changes that require compensating adjustmentsadjustments so that such adjustments will be made in a timely manner. On conveyor line operations, management will designate specific off-line operations from which manpower will be made available to compensate for such mix changes when one of the compensating adjustments requires an increase in manpower. Upon request, management will advise the union of the arrangements made. (ii) When there is no established production standard, an employee who is following the prescribed method and using the tools provided in the proper manner and performing at a normal pace, will not be disciplined for failure to obtain an expected amount of production. (iii) Circumstances affecting the time of performance of a particular job that were not taken into account in establishing a production standard are known as non-standard conditions. When established non-standard conditions exist which adversely affect the operation and are brought to the attention of management, an employee who is following the prescribed method and using the tools provided in the proper manner and performing at a normal pace will not be required to obtain the expected amount of production. (iv) No employee will be disciplined for failure to meet an established production standard unless he/she has been advised at least (four) 4 days in advance as to what such established production standard is. (d) Model mix shall be taken into account in establishing and/or changing production standards on car and body assembly line operations. The speed of such assembly lines will not be increased beyond the level for which they are manned for the purpose of making up for loss of production due to breakdowns or unscheduled line gaps or stops. The company will notify the union concerning the mechanical regulation of main assembly line speeds (e) When a production standard is established and is not disputed, or is disputed and settled, the element times shall remain unchanged and not subject to dispute unless and until the operation is changed as a result of change in method, layout, tools, equipment, materials or product design. (a) The following provisions shall apply at Oakville: (i) Local 707 may appoint and upon receipt of notice of appointment the company shall recognize a special committeeperson to function as in this article provided. The special committeeperson shall be an employee having at least twelve (12) months' seniority. (ii) The special committeeperson shall represent employees in disputes arising under procedures provided for in this article. Other committeepersons shall have no jurisdiction. The special committeeperson shall be permitted full-time for the performance of his/her duties as such. (iii) The special committeeperson will be assigned to a regular eight (8) hour shiftshift in the plant from which he/she is selected at Oakville. He/she will work the hours of that shift whenever the assembly line operations of such plant are scheduled to work such shift, and he/she will also be entitled to be at work whenever such assembly line operations of the shift to which he/she is assigned are scheduled to work overtime or extra time. In addition, the special committeeperson will be entitled to work overtime or extra time during the period when the assembly line operations of the other plant at Oakville are scheduled to work overtime or extra time on a shift designated by the company of which the starting time is closest to the starting time of the shift to which the special committeeperson is assigned. Whenever no assembly line operations are scheduled for his/her regular shift in the plant from which he/she is selected, he/she will be entitled to be at work during the period when the assembly line operations of the other plant at Oakville are scheduled to work on such designated shift. He/she will be responsible to the human resources manager of the plant in which he/she is employed, or his/her nominee. When he/she ceases to hold office he/she will be returned, consistent with his/her seniority, to the classification in the department in which he/she was employed at the time of his/her appointment as special committeeperson. (iv) Prior to functioning as a special committeeperson in a department, the special committeeperson at Oakville shall first report to the supervisor of that department. (v) The company agrees to make available a filing cabinet with three (3) drawers equipped with locks for the use of the special committeeperson for the keeping of documents and records. (vi) Whenever the special committeeperson is absent from the plant on his/her own time during periods when he/she is entitled to act as such, the company will recognize an alternate special committeeperson designated by the chairperson. (b) Not in Use – 30.04 Where a dispute arises regarding a production standard which has been changed or established, the The following special grievance procedure and not the grievance procedures specified elsewhere in this agreement provisions shall applyapply at St. Xxxxxx: (ai) The president of Local 1520 may appoint and upon receipt of notice of appointment the company shall recognize a special committeeperson to function as in this article provided. The special committeeperson shall be an employee affected will take having regular company duties to perform and having at least twelve (12) months' seniority. (ii) The special committeeperson shall represent employees in disputes arising under procedures provided for in this article. (iii) The special committeeperson on reporting to his/her complaint up with supervisor shall be permitted to leave his/her supervisorregular company duties for the time necessary to function as in this article provided. The supervisor will answer the complaint Prior to functioning as promptly as possible and a special committeeperson in any event within two (2) working days. (b) If the complaint thereafter remains a department other than that in disputewhich he/she is employed, the employee may request hishe/her committeeperson who will be sent for without delay. Upon reporting she shall first report to the supervisor of that department. (iv) The company agrees to make available a filing cabinet with 3 drawers equipped with locks for the job involved, the committeeperson may investigate the job. If there is still a dispute after the committeeperson has examined the job, he/she may, if he/she so elects, request the presence use of the special committeeperson. The supervisor and/or committeeperson for the company time study person will examine the job in detail with the committeeperson and/or keeping of documents and records. (v) Notwithstanding his/her seniority status, the special committeeperson at the job. The committeeperson and/or special committeeperson will, upon request, be permitted to examine the available time study data relating to the disputed job. When available, the cycle time or other pertinent time study data that is relevant to the dispute will also be made available upon request. However, it is mutually recognized that it would be impractical to provide this information during periods of production acceleration. (c) The best efforts of the company and union representatives concerned shall be employed continued at work when work is available in resolving a dispute regarding a production standard at this step of the grievance procedure. (d) If the matter is then not resolved at this point, a written grievance may be filed with the superintendent concerned, signed by the aggrieved employee or a group of aggrieved employees and thereafter will be handled in accordance with the procedure set out in the following paragraphs. (e) After the superintendent has considered the grievance, he/she will deliver his/her decision in writing as soon as possible, but in any event not later than the second regular working day next following the day upon department which he/she receives the grievance. (f) is able and willing to do. If the grievance amount of work available is not resolved by the superintendent, it may, within two (2) working days of the superintendent's written answer, be appealed by the special committeeperson sufficient to the next step, as provided below, by giving written notice to the labour relations supervisor. (g) Within three (3) working days of receipt of the appeal, the grievance will be considered at a special step of the grievance procedure by not more than four (4) representatives of the union including provide work for the special committeeperson and plant chairperson concerned and not more than four (4) representatives of other committeepersons in his/her department, the company, at least one of whom will special committeeperson shall be a superintendent or above. Whenever mutually agreed, more than four (4) representatives of the union and of the company may participate at this stepgiven preference. (hvi) After Whenever the grievance special committeeperson is appealed to the step described in the preceding paragraph and prior to the meeting on the grievance at that step, one of the four (4) representatives of the union who will participate at this step in the grievance procedure may make a further investigation of the grievance. At the same time, a national representative absent from the national union will be permitted plant on his/her own time during periods when he/she is entitled to observe and study the job or jobs which are the subject of the grievance concerned. If the union so requests, the national representative from the national union shall be allowed to attend the meeting described in section 30.04 (g) above, as one of the 4, and act as an advisor to the local representatives. (i) Within two (2) working days of the meeting described at this step in the proceduresuch, the company will give a written answer. If the grievance is not settled at this step, the plant chairperson concerned may, within two (2) working days, appeal the grievance by giving written notice to the human resources manager. (j) The human resources manager will forward a written reply within five (5) working days following the receipt of the written appeal of the chairperson of the plant concerned. If the matter is still unresolved recognize an alternate special committeeperson designated by the human resources manager's reply, the president of the local concerned may, within five (5) working days (k) Any of the time limits specified above may be extended by mutual agreement in writing. Any case not appealed from one step of this procedure to the next within the time limit specified will be considered closed on the basis of the last decision givenchairperson. (a) When a grievance arising under this article is referred to arbitration, the same shall be considered in the manner and subject to the conditions and provisions set out in this article and the decision of the work standards arbitrator shall be final and binding upon the parties and upon all employees. (b) The parties shall select a qualified industrial engineer to be the work standards arbitrator and failing agreement by the parties, the Minister of Labour for Ontario shall be requested to appoint a qualified industrial engineer to be the work standards arbitrator. The parties have agreed on rules of procedure to govern appeals to the work standards arbitrator. The rules are set out in appendix 'S' to this agreement. (c) The work standards arbitrator shall not alter, add to, subtract from, modify or amend any part of this agreement. (d) No cost of any arbitration shall be awarded to or against either party. The union and the company shall each be responsible for one-half of the expenses of and the fee payable to the work standards arbitrator, and the union and the company agree that, notwithstanding the provisions of the Ontario Arbitration Act, the expenses of and the fee payable to the arbitrator shall be such as he/she may reasonably require. (e) In considering a grievance arising under, and appealed in accordance with this procedure, the arbitrator will not change any standard, but will be empowered to rule upon the procedure and correctness of all the facts of the case. If either party so requests, and the arbitrator elects, he/she will be allowed to enter the plant in which the dispute arose for the purpose of observing the job or jobs which are the subject of the grievance concerned. At his/her discretion, the arbitrator may also take a time study of the operation, using a normal experienced operator on the job. If the parties cannot agree on the normal experienced operator to be studied, the arbitrator shall select him/her. (f) The arbitrator's decision in a case shall be rendered within fifteen (15) days from the date he/she hears the grievance appealed to him/her under this production standards special grievance procedure. (g) After receipt of the decision of the arbitrator the company will take any necessary corrective steps promptly.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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