Common use of Reinstated Grievances Clause in Contracts

Reinstated Grievances. During negotiations of the Production and Maintenance Agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its (i) Executive Board, (ii) Public Review Board or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federal, provincial, or municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.

Appears in 4 contracts

Samples: Production and Maintenance Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

AutoNDA by SimpleDocs

Reinstated Grievances. During negotiations of the Production and Maintenance Agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-CanadaUnifor), by either its (i) Executive Board, (ii) Public Review Board or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federal, provincial, or municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.

Appears in 3 contracts

Samples: Production and Maintenance Special Provisions, Collective Bargaining Agreement, Collective Bargaining Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreement, Collective Agreement the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation violative of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its (i) Executive Board, (ii) Public Review Board Board, or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance grievance, or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federalfederal, provincial, provincial or municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Board impartial arbitrator or any other arbitrator Grievance Commissioner, on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, claim including claims for back wages, or that provide for the final and binding nature of any Arbitration Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.

Appears in 3 contracts

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

Reinstated Grievances. During negotiations of the Production and Maintenance Agreement, Collective Agreement the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation violative of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAWUnifor-Canada), by either its (i) Executive Board, (ii) Public Review Board Board, or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance grievance, or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federalfederal, provincial, provincial or municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Board impartial arbitrator or any other arbitrator Grievance Commissioner, on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, claim including claims for back wages, or that provide for the final and binding nature of any Arbitration Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation violative of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its (i) Executive Board, (ii) Public Review Board or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Manager Staff Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company Corporation will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company Corporation in the grievance procedure, or in any court or before any Federal, provincial, or municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Appeal Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company Corporation and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Appeal Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s Corporation's obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Reinstated Grievances. Sample Letter During negotiations of the Production and Maintenance Agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized recognize that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its (i) Executive Board, (ii) Public Review Board or (iii) Constitutional Convention Appeals Appeal, Committee has reviewed the disposition of a grievance and found that such disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Manager, Staff Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, . including back pay claims, arising out of the grievance grievances that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement 'of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any an) Federal, provincial. Provincial, or municipal Municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Appeal Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment provide e or retroactivity of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Appeal Board decisions or other grievance resolutions. It grievanc for the final I t is understood this letter agreement and the Company’s 's obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.. FROM: Transfreight Inc. RE: This will confirm that upon ratification of the first Collective Agreement the Company and the Union, all discipline will removed from the Bargaining employee files. of Understanding will not form part of the Collective Agreement. Yours truly, Inc.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized recognize that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation violative of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its (iI) Executive Board, (ii) Public Review Board or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition of a grievance was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics General Manager in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance grievances that either (iI) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federalfederal, provincial, or municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Appeal Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Appeal Board decisions or other grievance resolutions. 1089 It is understood this letter agreement and the Company’s obligations to reinstate grievances as provided herein can be terminated by 1090 either party upon thirty (30) days days’ notice in writing to the other. 1092 August 28, 2005 1095 <Signature on file> <Signature on file> 1096 For the Company – Xxxx Xxxxx For the Union – Xxxx Xxxxx 1098 <Signature on file> <Signature on file> 1099 For the Company – Xxxxx Xxxxxxx For the Union – Xxxx Xxxxx 1088 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 The Company and the CAW are committed to providing a harassment-free workplace. Harassment is defined as a "course of vexatious comment or conduct that is known or ought to reasonably be known to be unwelcome", and violates the provincial Human Rights Code. Harassment denies individual dignity and respect on the basis of the grounds such as: gender, disability, race, colour, sexual orientation or other prohibited grounds, as stated in the Provincial Human Rights Code. All employees are expected to treat others with courtesy and consideration and to discourage harassment. Workplace is defined as any Company facility and includes areas such as offices, shop floors, rest rooms, cafeterias, lockers, conference rooms and parking lots. Harassment may take many forms: verbal, physical or visual. It may involve a threat or an implied threat or be perceived as a condition of employment. The following examples could be considered as harassment but are not meant to cover all potential incidents: • Unwelcome remarks, jokes, innuendoes, gestures or taunting about a person's body, disability, attire or gender, racial or ethnic backgrounds, colour, place of birth, sexual orientation, citizenship or ancestry. • Posting or circulation of offensive photos or visual materials. • Refusal to work or converse with an employee because of a prohibited ground. (e.g., race, gender, etc.) • Unwanted physical conduct such as touching, patting, pinching, etc. • Backlash or retaliation for the lodging of a complaint or participation in an investigation. Harassment does not include Supervisory actions such as the delegation of work assignments, the assessment of work performance or discipline or any conduct that is not discrimination on a prohibited ground. Neither is this policy meant to inhibit free speech or interfere with normal social relations.

Appears in 1 contract

Samples: Collective Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreement, Collective Agreement the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation violative of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its (i) Executive Board, (ii) Public Review Board Board, or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union Xxxxx may inform the Director of Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance grievance, or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon conditionedupon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance proceduregrievanceprocedure, or in any court or before any Federalfederal, provincial, provincial or municipal agency. Notwithstanding the Notwithstandingthe foregoing, a decision of the Impartial Chairperson of the Arbitration Board impartial arbitrator or any other arbitrator Grievance Commissioner, on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, claim including claims for back wages, or that provide for the final and binding nature of any Arbitration Board decisions or other grievance resolutions. It When the Company is understood this letter agreement considering the introduction of technological change affecting members of the Bargaining Unit, the Union shall be notified sixty (60) calendar days in advance of the introduction of such change and kept up to date as new developments arise and modifications are made. The Company agrees to provide for continuing consultation and co-opemtion with the Company’s obligations Union in respect to reinstate grievances relocation retraining of employees who are displaced as provided herein can a result of the introduction of new technology or modification of existing equipment. Where any such change is the Company the cost of on-the job training to afford bargaining unit employees who are affected and required (and who have the basic knowledge and to be terminated by either party upon thirty (30trained within a reasonabletime frame) days notice in writing the opportunity to the otherkeep with such technological change affectingtheir work and job security.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reinstated Grievances. Sample Letter During negotiations of the Production and Maintenance Agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized recognize that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-CanadaUnifor), by either its (i) Executive Board, (ii) Public Review Board or (iii) Constitutional Convention Local Union Appeals Committee has reviewed the disposition of a grievance and found that such disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Manager, Staff Labour Relations and Labour Economics relations in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance grievances that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement 'of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federal, provincialProvincial, or municipal Municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Appeal Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Appeal Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s 's obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.. 2016 S M JANUARY T W T F S S M FEBRUARY T W T F S S M MARCH T W T F S 3 10 17 24 31 4 11 18 25 5 6 7 12 13 14 19 20 21 26 27 28 1 8 15 22 29 2 9 16 23 30 7 14 21 28 1 8 15 22 29 2 9 16 23 3 10 17 24 4 11 18 25 5 12 19 26 6 13 20 27 6 13 20 27 7 14 21 28 1 8 15 22 29 2 9 16 23 30 3 10 17 24 31 4 11 18 25 5 12 19 26 APRIL MAY JUNE 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 JULY AUGUST SEPTEMBER

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reinstated Grievances. Sample Letter During negotiations of the Production and Maintenance Agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized recognize that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its (i) Executive Board, (ii) Public Review Board or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Manager, Staff Labour Relations and Labour Economics relations in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance grievances that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federal, provincialProvincial, or municipal Municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Appeal Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Appeal Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its (i) Executive Board, (ii) Public Review Board or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federal, provincial, or municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reinstated Grievances. Sample Letter During negotiations of the Production and Maintenance Agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized recognize that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-CanadaUnifor), by either its (i) Executive Board, (ii) Public Review Board or (iii) Constitutional Convention Local Union Appeals Committee has reviewed the disposition of a grievance and found that such disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Manager, Staff Labour Relations and Labour Economics relations in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance grievances that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement 'of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federal, provincialProvincial, or municipal Municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Appeal Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Appeal Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s 's obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.. 2013 S M JANUARY T W T F S S M FEBRUARY T W T F S S M MARCH T W T F S 6 13 20 27 7 14 21 28 1 2 3 8 9 10 15 16 17 22 23 24 29 30 31 4 11 18 25 5 12 19 26 3 10 17 24 4 11 18 25 5 12 19 26 6 13 20 27 7 14 21 28 1 8 15 22 2 9 16 23 3 10 17 24 4 11 18 25 5 12 19 26 6 13 20 27 7 14 21 28 1 8 15 22 29 29 16 23 30 APRIL MAY JUNE S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 1 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 JULY AUGUST SEPTEMBER 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 OCTOBER NOVEMBER DECEMBER 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 2014 S M JANUARY T W T F S S M FEBRUARY T W T F S S M MARCH T W T F S 5 12 19 26 6 13 20 27 1 2 7 8 9 14 15 16 21 22 23 28 29 30 3 10 17 24 31 4 11 18 25 2 9 16 23 3 10 17 24 4 11 18 25 5 12 19 26 6 13 20 27 7 14 21 28 1 8 15 22 2 9 16 23 30 3 10 17 24 31 411 18 25 5 12 19 26 6 13 20 27 7 14 21 28 1 8 15 22 29 APRIL MAY JUNE 6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 31 29 30 JULY AUGUST SEPTEMBER 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 31 OCTOBER NOVEMBER DECEMBER 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 30 2015 S M JANUARY T W T F S S M FEBRUARY T W T F S S M MARCH T W T F S 4 11 18 25 5 12 19 26 1 6 7 8 13 14 15 20 21 22 27 28 29 2 9 16 23 30 3 10 17 24 31 1 8 15 22 2 9 16 23 3 10 17 24 4 11 18 25 5 12 19 26 6 13 20 27 7 14 21 28 1 8 15 22 29 2 9 16 23 30 3 10 17 24 31 4 11 18 25 5 12 19 26 6 13 20 27 7 14 21 28 APRIL MAY JUNE 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 31 JULY AUGUST SEPTEMBER 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 OCTOBER NOVEMBER DECEMBER 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 2016 S M JANUARY T W T F S S M FEBRUARY T W T F S S M MARCH T W T F S 3 10 17 24 31 4 11 18 25 5 6 7 12 13 14 19 20 21 26 27 28 1 8 15 22 29 2 9 16 23 30 7 14 21 28 1 8 15 22 29 2 9 16 23 3 10 17 24 4 11 18 25 5 12 19 26 6 13 20 27 6 13 20 27 7 14 21 28 18152229 2 9 16 23 30 3 10 17 24 31 4 11 18 25 5 12 19 26 APRIL MAY JUNE 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 JULY AUGUST SEPTEMBER

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreementcurrent agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective effective, and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any and attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation volatile of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Unifor –Canada), by either its (iI) Executive Board, (ii) Public Review Board or Board, (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics Human Resources or his/her designate in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, damages including back pay claimsclaim, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned conditional upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims claim for damages against the Company in the grievance procedure, or in any court courts or before any Federal, provincial, Provincial or municipal Municipal agency. An employee must institute the appeal procedure within sixty (60) days of the original disposition of the grievance. As soon as an employee institutes the appeal procedure the Union shall promptly give written notice to the Company. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity retro-activity of any claim, including claims for back wagesbackwages, or that provide for the final and binding nature of any Arbitration Board arbitration decisions or other grievance resolutions. It is understood this letter agreement and the Company’s obligations 's obligation to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other. During negotiations, the Union expressed concern about the employees who were in need of financial assistance while awaiting the disposition of the Workplace Safety Insurance Board's decision to allow or deny a claim regarding a work related injury. It was agreed that upon completion by the employee of a personal guarantee and letter of authorization, the employer will provide an advance, via the next scheduled payroll cycle using the normal direct deposit manner, to an employee who has applied for W.S.I.B benefits provided that the employee satisfies the eligibility requirements for S&A benefits. The amount of the advance shall be the equivalent of S&A benefits. The employer will provide the advance on a weekly basis only until the W.S.I.B has issued an initial decision as to the employees eligibility for benefits at which time, the employee agrees to reimburse the Employer the amount of advance received upon the W.S.I.B benefits being granted. In the event the W.S.I.B. denies entitlement to the above noted claim, S&A benefits shall continue until such time as the employee returns to work or his/her eligibility should change. The Company will also provide, upon the completion by the employee of a personal guarantee and letter of authorization, an advance to the employee while awaiting disposition of an S&A claim. Such advance will not exceed the equivalent of eight weeks of normal S&A benefits and will not be considered until fourteen (14) days after the claim was submitted. However, payment will not be delayed while awaiting adjudication. Immediately following the disposition of the claim, the employee shall reimburse the Company the full amount of the advance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

AutoNDA by SimpleDocs

Reinstated Grievances. During negotiations of the Production and Maintenance Agreementcurrent agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective effective, and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any and attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation volatile of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-C.A.W. –Canada), by either its (iI) Executive Board, (ii) Public Review Board or Board, (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics Human resources or his/her designate in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, damages including back pay claimsclaim, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned conditional upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims claim for damages against the Company in the grievance procedure, or in any court courts or before any Federal, provincial, Provincial or municipal Municipal agency. An employee must institute the appeal procedure within sixty (60) days of the original disposition of the grievance. As soon as an employee institutes the appeal procedure the Union shall promptly give written notice to the Company. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity retro-activity of any claim, including claims for back wagesbackwages, or that provide for the final and binding nature of any Arbitration Board arbitration decisions or other grievance resolutions. It is understood this letter agreement and the Company’s obligations 's obligation to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other. During negotiations, the Union expressed concern about the employees who were in need of financial assistance while awaiting the disposition of the Workplace Safety Insurance Board's decision to allow or deny a claim regarding a work related injury. It was agreed that upon completion by the employee of a personal guarantee and letter of authorization, the employer will provide an advance to an employee who has applied for W.S.I.B benefits provided that the employee satisfies the eligibility requirements for S&A benefits. The amount of the advance shall be the equivalent of S&A benefits. The employer will provide the advance on a weekly basis only until the W.S.I.B has issued an initial decision as to the employees eligibility for benefits in which at that time, the employee agrees to reimburse the Employer the amount of advance received upon the W.S.I.B benefits being granted. In the event the W.S.I.B. denies entitlement to the above noted claim, S&A benefits shall continue until such time as the employee returns to work or his/her eligibility should change. The Company will also provide, upon the completion by the employee of a personal guarantee and letter of authorization, an advance to the employee while awaiting disposition of an S&A claim. Such advance will not exceed the equivalent of eight weeks of normal S&A benefits and will not be considered within fourteen (14) days of the submission of the claim, however, payment will not be delayed while awaiting adjudication. Upon final disposition of the claim, the employee agrees to reimburse the Company the full amount of the advance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreementcurrent agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective effective, and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any and attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation volatile of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-C.A.W. – Canada), by either its (iI) Executive Board, (ii) Public Review Board or Board, (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics Human resources or his/her designate in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, damages including back pay claimsclaim, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement agreement at the time of the reinstatement reinstate- ment of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned conditional upon the prior agreement agree- ment of the Union and the employee or employees involved that none of them will thereafter pursue such claims claim for damages against the Company in the grievance procedure, or in any court courts or before any Federal, provincial, Provincial or municipal Municipal agency. An employee must institute the appeal procedure within sixty (60) days of the original disposition of the grievance. As soon as an employee institutes the appeal procedure the Union shall promptly give written notice to the Company. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Board or any other arbitrator on any grievance shall continue to be final and binding on the Union Un- ion and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatementrein- statement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement afore- mentioned agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity retro-activity of any claim, including claims for back wagesbackwages, or that provide for the final and binding nature of any Arbitration Board arbitration decisions or other grievance resolutions. It is understood this letter agreement and the Company’s obligations 's obliga- tion to reinstate grievances as provided herein can be terminated terminat- ed by either party upon thirty (30) days notice in writing to the other. During negotiations, the Union expressed concern about the employees who were in need of financial assistance while awaiting the disposition of the Workplace Safety Insurance Board's decision to allow or deny a claim regarding a work relat- ed injury. It was agreed that upon completion by the employee of a per- xxxxx guarantee and letter of authorization, the employer will provide an advance, via the next scheduled payroll cycle using the normal direct deposit manner, to an employee who has applied for W.S.I.B benefits provided that the employee satisfies the eligibility requirements for S&A benefits. The amount of the advance shall be the equivalent of S&A benefits. The employer will provide the advance on a weekly basis only until the W.S.I.B has issued an initial decision as to the employees eligibility for benefits at which time, the employee agrees to reimburse the Employer the amount of advance received upon the W.S.I.B benefits being granted. In the event the W.S.I.B. denies entitlement to the above noted claim, S&A benefits shall continue until such time as the em- ployee returns to work or his/her eligibility should change. The Company will also provide, upon the completion by the employee of a personal guarantee and letter of authorization, an advance to the employee while awaiting disposition of an S&A claim. Such advance will not exceed the equivalent of eight weeks of normal S&A benefits and will not be considered until fourteen (14) days after the initial claim was submitted. However, pay- ment will not be delayed while awaiting adjudication. Immediately following the disposition of the claim, the employee shall reimburse the Company the full amount of the advance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreement, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation violative of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its (i) Executive Board, (ii) Public Review Board or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Senior Manager Staff Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company Corporation will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company Corporation in the grievance procedure, or in any court or before any Federal, provincial, or municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Appeal Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company Corporation and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Appeal Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s Corporation's obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreementnegotiations, the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized recognize that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation violative of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-UNIFOR- Canada), either by either its (i) Executive Board, (ii) Public Review Board or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Manager Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance grievances that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement Agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federal, provincial, Provincial or municipal Municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Appeal Board or any other arbitrator on or any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity retroactively of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Appeal Board decisions or other grievance resolutions. It is understood that this letter agreement and the Company’s 's obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days 30 days' notice in writing to the other.. Signed at North Bay, this day of 1996. For National Union (CAW-Canada): For the Company: Xxxxx Xxxx, X. X. Xxxxxxx National Representative May 1, 1996 Xx. X. Stevens, President, CAW, Local 103 Dear Xx. Xxxxxxx: This letter confirms our discussions during the current round of bargaining concerning the matter of Occupational Health and Safety. The Company, the Union and the employees will make every effort to comply in a timely manner with all applicable legislation pertaining to health and safety of the employees. The Union and the Company agree to actively promote measures to assure the health and safety of all employees. Yours truly, Xxxxxxx Xxxxxxxx Manager Labour Relations

Appears in 1 contract

Samples: Collective Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreement, Collective Agreement the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation violative of the fundamental principles of collective bargaining. , However, in those instances where the National Union (CAW-Canada), by either its (i) Executive Board, (ii) Public Review Board Board, or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance grievance, or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federalfederal, provincial, provincial or municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Board impartial arbitrator or any other arbitrator Grievance Commissioner, on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, claim including claims for back wages, or that provide for the final and binding nature of any Arbitration Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreement, Collective Agreement the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation violative of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its (i) Executive Board, (ii) Public Review Board Board, or (iii) Constitutional Convention ConstitutionalConvention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance grievance, or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue thereafterpursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federalfederal, provincial, provincial or municipal agency. Notwithstanding the foregoing, ,a decision of the Impartial Chairperson of the Arbitration Board arbitrator or any other arbitrator Grievance Commissioner, on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, claim including claims for back wages, or that provide for the final and binding nature of any Arbitration Board decisions or other grievance resolutions. It When the Company is understood this letter agreement considering the introduction of technological change affecting members of the Bargaining Unit, the Union shall be notified sixty calendardays in advance of the introduction of such change and kept up to date as new developments arise and modifications are made. The Company agrees to provide for continuing consultation and co-operation with the Company’s obligations Union in respect to reinstate grievances relocation retraining of employees who are displaced as provided herein can a result of the introduction of new technology or modification of existing equipment. Where any such change is introduced, the Company will assume the cost of on-the job training to afford Bargaining Unit employees who are affected and required (and who have the basic knowledge and ability to be terminated by either party upon thirty (30trained within a reasonable time frame) days notice in writing the opportunity to the otherkeep current with such technological change affecting their work and job security.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reinstated Grievances. During negotiations of negotiationsof the Production and Maintenance Agreement, Collective Agreement the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation violative of the fundamental principles of collective bargaining. However, in those instances where the National Union (CAW-Canada), by either its (i) Executive Board, (ii) Public Review Board Board, or (iii) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, including back pay claims, arising out of the grievance that either (i) are already barred under the provisions of the aforementioned Agreement at the time of the reinstatement of the grievance grievance, or (ii) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims for damages against the Company in the grievance procedure, or in any court or before any Federalfederal, provincial, provincial or municipal agency. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Board impartial arbitrator or any other arbitrator Grievance Commissioner, on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity of any claim, claim including claims for back wages, or that provide for the final and binding nature of any Arbitration Board decisions or other grievance resolutions. It is understood this letter agreement and the Company’s obligations to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Reinstated Grievances. During negotiations of the Production and Maintenance Agreementcurrent agreement, the parties acknowledged acknowledge the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognized that the maintenance of a stable, effective effective, and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any and attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and in violation volatile of the fundamental principles of collective bargaining. However, in those instances where the Unifor National Union (CAW-Canada), by either its (iI) Executive Board, (iiII) Public Review Board Board, or (iiiIII) Constitutional Convention Appeals Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or a Union representative involved, the National Union may inform the Director of Labour Relations and Labour Economics Human Resources or his/her designate in writing that such grievance is reinstated in the grievance procedure at the step at which the original disposition of the grievance occurred. It is agreed, however, that the Company will not be liable for any claims for damages, damages including back pay claimsclaim, arising out of the grievance that either (iI) are already barred under the provisions of the aforementioned Agreement agreement at the time of the reinstatement of the grievance or (iiII) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein. It is further agreed that the reinstatement of any such grievance shall be conditioned conditional upon the prior agreement of the Union and the employee or employees involved that none of them will thereafter pursue such claims claim for damages against the Company in the grievance procedure, or in any court courts or before any Federal, provincial, Provincial or municipal Municipal agency. An employee must institute the appeal procedure within sixty (60) days of the original disposition of the grievance. As soon as an employee institutes the appeal procedure the Union shall promptly give written notice to the Company. Notwithstanding the foregoing, a decision of the Impartial Chairperson of the Arbitration Board or any other arbitrator on any grievance shall continue to be final and binding on the Union and its members, the employee or employees involved and the Company and such grievance shall not be subject to reinstatement. This letter is not to be construed as modifying in any way either the rights or obligations of the parties under the terms of the aforementioned Agreement agreement except as specifically limited herein, and does not affect sections thereof that cancel financial liability or limit the payment or retroactivity retro-activity of any claim, including claims for back wages, or that provide for the final and binding nature of any Arbitration Board arbitration decisions or other grievance grievances resolutions. It is understood this letter agreement and the Company’s obligations obligation to reinstate grievances as provided herein can be terminated by either party upon thirty (30) days notice in writing to the other.

Appears in 1 contract

Samples: Collective Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!