Section Grievance Procedure. The parties to this Agreement shall attempt to resolve grievances as quickly as possible. No grievance shall be considered where the circumstances giving rise to it occurred or originated more than full calendar days before the filing of the grievance. An employee or the Union may discuss problems orally with the supervisor in an attempt to seek a solution prior to the commencement of the grievance procedure. A grievance may be filed by an or the Union. Formal grievances will be processed promptly using the following procedure: (In Writing) Between the aggrieved employee, the Union Xxxxxxx and the Plant Superintendent. The Company will give answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, the Plant Superintendent and the Plant Manager. The Plant Manager will give his answer in writing to the Union within calendar days. Disciplines with time off shall commence at Step Between the Union Xxxxxxx, a of Local and the Plant the Plant Manager or his representative and a representative of the of the Company. The Company representative will give the Union the Company's written decision within calendar days following the Step meeting. Section Arbitration Procedure A If the rules set in the grievance procedure have been complied with and either party desires to arbitrate a grievance relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement, the procedure outlined below shall be follows. The parties shall select an arbitrator by exchanging lists reflecting the names of five (5) arbitrators. The individual whose name first appears on both lists shall be accepted by the parties as arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Lists, this procedure will be repeated. If, after a second exchange of Lists, the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. The decision of the Arbitrator shall be final and binding on the Company, the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration including fees and expenses of the arbitrator shall be equally by the Company and the Union.
Appears in 1 contract
Samples: Collective Agreement
Section Grievance Procedure. The parties In the event that there is any dispute or complaint as to the interpretation of any of the clauses of this Agreement shall attempt to resolve grievances as quickly as possible. No or any grievance arising out of the operation of this Agreement, it shall be considered where dealt with in the circumstances following manner: The individual employee involved, accompanied by a shop xxxxxxx, shall first take up the matter with the xxxxxxx directly in charge of the work within fourteen days of the occurrence of the event or events giving rise to it occurred or originated more than full calendar the grievance. A grievance meeting will be held within two working days before the filing of notification of the grievance. An employee or The Company will endeavour to relieve the Union may discuss problems orally with shop xxxxxxx of the supervisor in an attempt to seek a solution prior employee’s choice as quickly as practical. If the grievance is not then satisfactorily solved, it shall be referred to the commencement Standing Committee, where it shall be reduced to writing and shall be dealt with within thirty days of the grievance procedure. A grievance may be filed by an or initiation of the Union. Formal grievances will be processed promptly using the following procedure: (In Writing) Between the aggrieved employee, the Union Xxxxxxx and the Plant Superintendentgrievance. The Company will give provide a written answer within calendar dayson the Step 2 grievance form. Between If the aggrieved employeetwo Standing Committees are unable to arrive at a satisfactory settlement, the question shall be taken up directly with the Manager, within fourteen days of the completion of the procedure out-lined in above. If the Manager and Local Union Xxxxxxxare unable to arrive at a satisfactory settlement, within five days, the Plant Superintendent and question shall within fourteen days of completion of this procedure be referred to a Board of Arbitration as provided for in Section 3 of this Article. It is agreed that the Plant Manager. The Plant Manager will give his answer in writing above time limits may be extended by mutual agreement but if a grievance has not advanced to the Union next step within calendar days. Disciplines with the specified or extended time off limit then the grievance shall commence at Step Between the Union Xxxxxxx, a be deemed to be abandoned and all rights of Local and the Plant the Plant Manager or his representative and a representative of the of the Company. The Company representative will give the Union the Company's written decision within calendar days following the Step meeting. Section Arbitration Procedure A If the rules set in recourse to the grievance procedure have been complied with and either party desires to arbitrate a grievance relating to shall be at an end. In case of suspension or discharge the interpretation, application, administration or alleged violation Company will notify the Standing Committee of the provisions situation within twenty-four hours of such action. Ifrequested, a Standing Committee meeting will be arranged within twenty-four hours of the Agreementnotification. Weekends and Statutory Holidays excluded from time limit applications. It is understood that in all discussions concerning grievances, any National Officers may accompany the Union Standing Committee in their meetings with Company officials. The Union may have a member attend any meeting of the Committees. Employees attending meetings called while they are on duty will be paid for the time lost from their regular shift. In the case of any dispute arising under this Agreement which the Parties are unable to settle between themselves, the procedure outlined below matter shall be followsdetermined by Arbitration in the following manner: Either Party may notify the other Party in writing by registered mail, of the question or questions to be arbitrated. Each of the Parties shall, as soon as possible, refer the matter to a mutually agreed-upon Arbitrator. The parties agree to give priority to arbitration cases involving the discharge of an employee. It is further agreed that a panel of arbitrators, acceptable to both parties, shall select an arbitrator by exchanging lists reflecting the names of five (5) arbitratorsbe established. The individual whose name first appears on both lists selection of an Arbitrator shall be accepted by numerical order from the parties panel if available to act within a ninety day period. The selection of an Arbitrator for the next arbitration shall commence with the next name in numerical sequence. Any member of this panel, who, having been requested in turn to act as arbitrator. If the parties do an Arbitrator, is unwilling or unable to act, shall not succeed in selecting an arbitrator again be requested to so act until his name comes up again on the first exchange of Lists, this procedure will be repeated. If, after a second exchange of Lists, the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides regular rotation of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreementpanel. The decision of the Arbitrator shall Arbitration will be final and binding on the Company, the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration including fees and expenses of the arbitrator shall be equally by upon the Company and the Union. If any Arbitrator finds that any employee has been unjustly suspended or discharged, that employee shall be reinstated by the Company without loss of pay and with all his rights and privileges preserved under the term of this Agreement, provided always that if it is shown to the Arbitrator that the employee has been in receipt of wages during the period between discharge (or suspension) and reinstatement or date of failure to and the amount so received shall be deducted from wages payable by the Company pursuant to this Section. The Company and the Union shall bear in equal proportions the expenses and allowances of the Arbitrator and stenographic and secretarial expense and rent. Any Arbitration to be held hereunder shall be held at the City of Prince Xxxxxx (unless mutually agreed otherwise).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Section Grievance Procedure. The parties to this Agreement shall attempt to resolve grievances as quickly as possible. No i Step One In the event that a written grievance shall be considered where the circumstances giving rise to it occurred or originated more than full calendar days before the filing is submitted arising out of the grievance. An employee or the Union may discuss problems orally with the supervisor in an attempt to seek a solution prior to the commencement of the grievance procedure. A grievance may be filed by an or the Union. Formal grievances will be processed promptly using the following procedure: (In Writing) Between the aggrieved employee, the Union Xxxxxxx and the Plant Superintendent. The Company will give answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, the Plant Superintendent and the Plant Manager. The Plant Manager will give his answer in writing to the Union within calendar days. Disciplines with time off shall commence at Step Between the Union Xxxxxxx, a of Local and the Plant the Plant Manager or his representative and a representative of the of the Company. The Company representative will give the Union the Company's written decision within calendar days following the Step meeting. Section Arbitration Procedure A If the rules set in the grievance procedure have been complied with and either party desires to arbitrate a grievance relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement, the procedure outlined below shall be follows. The parties shall select an arbitrator by exchanging lists reflecting the names of five (5) arbitrators. The individual whose name first appears on both lists shall be accepted by the parties as arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Lists, this procedure will be repeated. If, after a second exchange of Lists, the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions operation of this Agreement, nor except in the cases of discharge or suspension, the employee shall continue to alterwork as per the conditions existing prior to the time that the grievance arose, modify or amend and any part formal meetings to discuss the grievance shall be held in the presence of this Agreementthe shop xxxxxxx. If there is no satisfactory resolution at first step then may within seven (7) days, advise the department supervisor that the employee intends to proceed with the grievance. The decision department superintendent and Area Vice President will then have fourteen (14) days from the date of notification I to deal with, and answer the grievance. Grievances other than those of individual employees may be initiated at Step Two either party. Step Three If there is no satisfactory resolution at second step then either party may, within seven (7) days, refer the question to the Standing Committees by advising chairmen of the Arbitrator shall Standing Committees of the intention to proceed with the grievance. The Standing Com- mittees will then have thirty (30)days to deal with, and answer the grievance. Step Four If there is no satisfactory resolution at third step then the question may, within seven (7) days upon written request of either Standing Committee he referred to the President of the Local and the Mill Manager who will then have thirty (30) days to deal with, and answer the grievance. Either party may elect to involve outside help at this step such as a regional Union representative and/or a Management representative from outside Specialties. If there is no satisfactory resolution at fourth step then the matter may, within thirty (30) days, be final referred to an Arbitrator. The time periods may he extended mutual agreement Management and binding on the CompanyLocal Union. Where a grievance arising from the discharge of an employee progresses to arbitration, either party may elect, in writing, to utilize the procedure outlined in Section below as an alternative to the arbitration procedure set out in Section It is understood that in all discussions concerning grievances, any National Officer may Union Standing Committee in their meetings and the National Officer may call if the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All Standing Committee or any other expense of arbitration including fees and expenses of the arbitrator shall be equally by the Company and the Unionofficials.
Appears in 1 contract
Samples: Labour Agreement
Section Grievance Procedure. The parties to If an employee covered by this Agreement shall attempt to resolve grievances agreement is dealt with by the such way that contravenes the provisions of this agreement, the employee may take the matter up as quickly as possible. No a grievance shall be considered where with the circumstances Company within, and not after, working days of the incident giving rise to it occurred or originated more than full calendar days before the filing of the grievance. An The following proceduresshall be adhered to in processing grievances. The employee shall take matter up with immediate (or their designate). The employee may have the Union may discuss problems orally assistance of a member of the Association Executive or a Shop Xxxxxxx. If the matter is not settled by the immediate (or their designate) within working days from the date on which was taken up with the supervisor Executive of the Association may investigate the employee's grievance. In order to pursue it further, the grievance will be put in an attempt to seek writing and signed by the employee concerned and by the Executive of the Association. grievance shall contain a solution prior statement of the facts complained of and the adjustment requested. A member of the Association Executive and the employee will meet with the General Manager (or their designate) and render decision to the commencement employee and the Association Executive within working days of receivingthe written grievance. If the matter not settled in Step the employee may within working days the response, refer the grievance procedure. A grievance may be filed by an or the Union. Formal grievances will be processed promptly using the following procedure: (In Writing) Between the aggrieved employee, the Union Xxxxxxx and the Plant Superintendent. The Company will give answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, the Plant Superintendent and the Plant Manager. The Plant Manager will give his answer in writing to the Union Vice President and General Manager and or representative shall meet with the employee and a member of the Association Executiveto review the grievance and shall render a decision in writing to the employee and the Assoclation Executive within calendar working days. Disciplines If the matter is not settled in Step the employee may within working days refer the grievance to the Vice Presidentof Human Resources and or representative shall meet with time off the employee, and a member of the Association Executive to review the grievance and shall commence at Step Between render a decision in writing to the Union Xxxxxxx, a of Local employee and the Plant Association Executive within working days. If the Plant Manager or his representative and a representative of decision to the of grievance as set out in Step is not acceptable to the Company. The Company representative will give the Union Association may request the Company's written decision within calendar grievance proceed to at any time ten working days following the at Step meeting. Section Arbitration Procedure A If the rules set in the grievance procedure have been complied with and either party desires to arbitrate a grievance relating to the interpretation, application, administration or alleged violation The shall be selected by agreement of the provisions of the Agreementparties, the procedure outlined below shall be follows. The parties shall select an arbitrator by exchanging lists reflecting the names of five (5) arbitrators. The individual whose name first appears on both lists shall be accepted or failing that, appointment by the parties as arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Lists, this procedure will be repeated. If, after a second exchange of Lists, the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Federal Minister of Labour at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this AgreementLabour. The decision of the Arbitrator shall be final and binding on the Company, the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration including fees and expenses of reached by the arbitrator shall be bindingon both parties to this agreement. The cost of the arbitrator and facilities will be split equally by both parties A Group Grievance is a grievance being filed by morethan one employee and will automatically proceed to Step An Executive Grievance is a grievance tabled by the Association Executive and will automatically proceed to A Management Grievance is a grievance tabled by Management and will automatically to Step Dismissal an employee believes that has been dismissedwithout just cause, the matter may be treated as a special grievance commencingat Step of the Grievance Procedures. Any special grievance must be submitted in writing and lodged with the Company within five working days after the employee ceased to work for the Company. In the event an employee is dismissed or suspended, and later reinstated through the grievance procedure, the employee will not suffer a loss of pay, seniority or benefits unless mutually agreed by the Company and the Union.Association Executive. Employees shall have reasonable access to their personnel records in the presence of a and may take copies of such. In the disciplinary process, only reprimands issued less than months apart will be referred to. After a month period of no reprimands, all previous reprimands will not be referred in a subsequent disciplinary process. The Company utilizes a progressivedisciplinary approach when dealing reprimands. The Company shall proceed as follows:
Appears in 1 contract
Samples: Collective Agreement
Section Grievance Procedure. In the event that any employee covered by this agreement is dealt with in such a way that the employee considers injustice has been done to him, he may take the matter up as a grievance with the Company, within and not after, fourteen (14) days of the incident giving rise to the grievance. In the event the incident took place at a base other than the employee's home base, the fourteen day period begin when the employee returns to his home base. All grievances shall be dealt with at a base mutually agreed upon by the Company and the Association President (or his delegate) to be most convenient to the efficient settlement of the grievance. However, if the parties cannot agree the base where the grievance was originally filled will be used, The parties following procedure shall be adhered to in processing grievances: STEP The employee shall take the grievance up with the Association Representative where it will be determined if the employee has a grievance. If the employee does in fact have a grievance, settlement be attempted verbally with his superior by the Association Representative. The employee may be present at this meeting if he so chooses or if management deems necessary. STEP If settlement satisfactory to the employee is not reached in STEP the Association Representative may take the matter up on the employee's behalf with the Department Manager or his nominee and make a further attempt to settle the grievance. grievances submitted to the Department Manager shall be in and shall contain a concise statement of the facts that concern the grievance. STEP If settlement satisfactory to the employee is not reached seven (7) days from the it was referred to the Department Manager, the Association Representative may take the matter up with the General Manager or his nominee. The decision of the General Manager shall be given in writing within seven (7) calender days from the day the matter referred to him or his nominee. STEP When grievances cannot be finally adjusted by the Company and Association Representatives, the matter shall be submitted to Arbitration hereinafter provided. Whenever either party to this Agreement desire to submit any grievance to arbitration, written notice shall attempt be given to resolve grievances the other party stating the subject of the grievance and at the same time nominating an arbitrator. Within seven (7) calender days after receipt of such notice the other party shall either accept the arbitrator named or suggest another arbitrator. If they fail to agree upon an arbitrator, an arbitrator will be appointed by the Minister of Labour Canada. As soon as quickly the Arbitrator has been selected, he shall meet and hear the evidence and representation of both parties, and shall render a decision within fourteen (14) calender days, which shall be binding to both parties of this agreement. The Arbitrator shall not have jurisdiction to alter or change any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor give any decision inconsistent with the and provisions of this Agreement. Each of the parties hereto shall equally bear the expense of the Arbitrator. if any. No person shall be selected as possiblean arbitrator who has been directly involved in attempts to negotiate the grievance. In the event that an allegation of misinterpretation or violation of the Collective Agreement, or an employee is suspended as a disciplinary measure for more than three (3) days, or an employee is discharged, the Parties involved may file a grievance at STEP of the Grievance Procedure. It is understood and agreed that the time limits set forth herein may be altered by mutual agreement between the Company and the Association. No grievance shall be considered where the circumstances giving rise to it occurred or originated more than full calendar days before the filing of the grievance. An employee or the Union may discuss problems orally with the supervisor in an attempt to seek a solution prior to the commencement of the grievance procedure. A grievance may be filed by an or the Union. Formal grievances will be processed promptly using the following procedure: (In Writing) Between the aggrieved employee, the Union Xxxxxxx and the Plant Superintendent. The Company will give answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, the Plant Superintendent and the Plant Manager. The Plant Manager will give his answer in writing to the Union within calendar days. Disciplines with time off shall commence at Step Between the Union Xxxxxxx, a of Local and the Plant the Plant Manager or his representative and a representative of the of the Company. The Company representative will give the Union the Company's written decision within calendar days following the Step meeting. Section Arbitration Procedure A If the rules set in the grievance procedure have been complied with and either party desires to arbitrate a grievance relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement, the procedure outlined below shall be follows. The parties shall select an arbitrator by exchanging lists reflecting the names of five (5) arbitrators. The individual whose name first appears on both lists shall be accepted by the parties as arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Lists, this procedure will be repeated. If, after a second exchange of Lists, the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. The decision of the Arbitrator shall be final and binding on the Company, the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration including fees and expenses of the arbitrator shall be equally by the Company and the Union.unless:
Appears in 1 contract
Samples: Collective Agreement
Section Grievance Procedure. The parties to All grievances, raised by an employee (or employees) over the application of this Agreement shall attempt to resolve grievances as quickly as possible. No grievance Agreement, shall be considered where raised promptly by the circumstances employee(s) concerned (within five working days of the event giving rise to it occurred the grievance two days after written notification to the Union, in the case of a disciplinary suspension or originated more than full calendar days before discharge) and settlement attempted in accordance with the filing following procedure: Step The Step 1 answer shall settle the grievance, unless the grievance is placed in writing (on grievance form supplied by the Union), stating the facts, and dated and signed by the aggrieved employee and the Chairman of the grievanceGrievance Committee and presented to the Plant Superintendent within three full working days of the delivery of the Step 1 answer. An employee or the Union may discuss problems orally The Plant Superintendent and Supervisor shall meet within three working days thereafter with the supervisor Chairman of the Grievance Committee and one other Grievance Committeeman in an attempt to seek a solution prior resolve the grievance. He shall then his 2 answer within two working’ days after such meeting. Step The Step 2 answer shall settle the grievance unless it is appealed in writing by the Grievance Committee to the commencement Plant Manager within three full working days the delivery ‘of the grievance procedureStep 2 answer. A grievance may be filed by an or the Union. Formal grievances meeting will be processed promptly using held within ten working days between the following procedure: (In Writing) Between the aggrieved employeeGrievance Committee, the an International Union Xxxxxxx representative and the Plant Superintendent. The Company will give answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, the Plant Superintendent and the Plant Manager. The Plant Manager will give his answer in writing to the Union within calendar days. Disciplines with time off shall commence at Step Between the Union Xxxxxxx, a of Local and the Plant the Plant Manager or his representative designee (and any of his staff) to discuss the grievance. His Step 3 answer shall be given within five full working days after such meeting. Notwithstanding, the time limits stated above any grievance dealing with a representative suspension or discharge will be answered at the stage within calendar days of the of its filing with the Company. The Company representative Any grievance dealing with is not answered within the or time limit such grievance will give the Union the Company's written decision within calendar days following the Step meeting. Section Arbitration Procedure A If the rules set be settled in the grievance procedure have been complied with and either party desires to arbitrate a grievance relating to the interpretation, application, administration or alleged violation favour of the provisions of party filing the Agreement, the procedure outlined below shall be follows. The parties shall select an arbitrator by exchanging lists reflecting the names of five (5) arbitrators. The individual whose name first appears on both lists shall be accepted by the parties as arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Lists, this procedure will be repeated. If, after a second exchange of Lists, the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. The decision of the Arbitrator shall be final and binding on the Company, the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration including fees and expenses of the arbitrator shall be equally by the Company and the Uniongrievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Section Grievance Procedure. The parties to this Agreement shall attempt to resolve grievances as quickly as possible. No grievance shall be considered where the circumstances giving circumstancesgiving rise to it occurred or originated more than full calendar days before the filing of the grievance. An employee or the Union may discuss problems orally with the supervisor in an attempt to seek a solution prior to the commencement of commencementof the formal grievance procedure. A grievance may be filed by an or the Union. Formal grievances will be processed promptly using the following procedure: (In Writing) Between the aggrieved employee, the Union Xxxxxxx and the Plant Elevator Superintendent. The Company will give its answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, a Representative of Local the Plant Elevator Superintendent and the Plant Manager. The Plant Manager will give his answer in writing to the Union within calendar days. Disciplines with time off shall commence at The Union must notify the Plant Manager in writing within days following receipt of the answer of their desire to advance the grievance to Step or the grievance will be waived. Between the Union Xxxxxxx, a of Local and the Plant Elevator Superintendent. the Plant Manager or his representative and a representative of the President of the Company. The Company representative will give the Union the Company's ’s written decision within decisionwithin calendar days following the Step meeting. Section Arbitration Procedure A If the rules set grievance is not resolved at Step it may then be submitted to arbitration, provided the Union the Company in writing of its intention to arbitrate. Such notice must be made calendar days after receipt of the Company’s Step written answer, and the arbitration shall be scheduled within days after such notice is received or the grievance procedure have been complied with and either party desires to arbitrate a grievance relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement, the procedure outlined below shall be follows. The parties shall select an arbitrator by exchanging lists reflecting the names of five (5) arbitrators. The individual whose name first appears on both lists shall be accepted by the parties as arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Lists, this procedure will be repeatedwaived. If, after Grievances referred to arbitration will be submitted to a second exchange of Lists, single Arbitrator from the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. The decision of the Arbitrator shall be final and binding on the Company, the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration including fees and expenses of the arbitrator shall be equally by the Company and the Union.following list:
Appears in 1 contract
Samples: Collective Agreement
Section Grievance Procedure. The parties to this Agreement shall attempt to resolve grievances as quickly as possible. No grievance shall be considered where the circumstances giving rise to it occurred or originated more than full calendar days before the filing of the grievance. An employee or the Union may discuss problems orally with the supervisor in an attempt to seek a solution prior to the commencement of the formal grievance procedure. A grievance may be filed by an or the Union. Formal grievances will be processed promptly using the following procedure: (In Writing) Between the aggrieved employee, the Union Xxxxxxx and the Plant Elevator Superintendent. The Company will give its answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, a Representative of Local the Plant Elevator Superintendent and the Plant Manager. , The Plant Manager will give his answer in writing to the Union within calendar days. Disciplines with time off shall commence at The Union must notify the Plant Manager in writing within days following receipt of the answer of their desire to advance the grievance to Step or the grievance will be considered waived. Between the Union Xxxxxxx, a of Local and the Plant Elevator Superintendent, the Plant Manager or his representative and a representative of the President of the Company. The Company representative will give the Union the Company's written decision within calendar days following the Step meeting. Section Arbitration Procedure A If the rules set grievance is not resolved at Step it may then be submitted to arbitration, provided the Union notifies the Company in writing of its intention to arbitrate. Such notice must be made within calendar days after receipt of the Company's Step written answer, and the arbitration shall be scheduled within days after such notice is received or the grievance procedure have been complied with and either party desires to arbitrate a grievance relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement, the procedure outlined below shall be follows. The parties shall select an arbitrator by exchanging lists reflecting the names of five (5) arbitrators. The individual whose name first appears on both lists shall be accepted by the parties as arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Lists, this procedure will be repeatedwaived. If, after Grievances referred to arbitration will be submitted to a second exchange of Lists, single Arbitrator from the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. The decision of the Arbitrator shall be final and binding on the Company, the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration including fees and expenses of the arbitrator shall be equally by the Company and the Union.following list:
Appears in 1 contract
Samples: Collective Bargaining Agreement
Section Grievance Procedure. The parties to this Agreement shall attempt to resolve grievances as quickly as possible. No grievance shall be considered where the circumstances giving rise to it occurred or originated more than full calendar days before the filing of the grievance. An employee or the Union may discuss problems orally with the supervisor in an attempt to seek a solution prior to the commencement of the formal grievance procedure. A grievance may be filed by an or the Union. Formal grievances will be processed promptly using the following procedure: (In Writing) Between the aggrieved employee, the Union Xxxxxxx and the Plant Elevator Superintendent. The Company will give its answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, a Representative of Local the Plant Elevator Superintendent and the Plant Manager. The Plant Manager will give his answer in writing to the Union within calendar days. Disciplines with time off shall commence at The Union must notify the Plant Manager in writing within days following receipt of the answer of their desire to advance the grievance to Step or the grievance will be considered waived. Between the Union Xxxxxxx, a of Local and the Plant Elevator Superintendent, the Plant Manager or his representative and a representative of representativeof the President of the Company. The Company representative will give the Union the Company's written decision within calendar days following the Step meeting. Section Arbitration Procedure A If the rules set grievance is not resolved at Step it may then be submitted to arbitration, provided the Union notifies the Company in writing of its intention to arbitrate. Such notice must be made within calendar days receipt of the Company's Step written answer, and the arbitration shall be scheduled within days after such notice is received or the grievance procedure have been complied with and either party desires to arbitrate a grievance relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement, the procedure outlined below shall be follows. The parties shall select an arbitrator by exchanging lists reflecting the names of five (5) arbitrators. The individual whose name first appears on both lists shall be accepted by the parties as arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Lists, this procedure will be repeatedwaived. If, after Grievances referred to arbitrationwill be submitted to a second exchange of Lists, single Arbitrator from the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. The decision of the Arbitrator shall be final and binding on the Company, the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration including fees and expenses of the arbitrator shall be equally by the Company and the Union.following list:
Appears in 1 contract
Samples: Collective Bargaining Agreement
Section Grievance Procedure. The It is the desire of the parties to this Agreement shall attempt to resolve grievances hereto that complaints of employees be adjusted as quickly as possible. No grievance If an employee has any complaint shall first discuss the matter with the xxxxxxx concerned and may have the assistance of Committee member if so requests. An employee having complied with the provisions of Section (a) and who believes that the complaint has not been adjusted satisfactorily may lodge a written grievance. The employee shall be considered where entitled to have the assistance of Committee member in preparing such grievance on forms supplied by the Company. The Committee member shall give the grievance to the Local Human Resources Representative who will forward it to the proper level of authority for review and reply. As part of this review, the grievance will be discussed by Management representatives,the Zone Committee member, the Plant Chairperson and the grieving employee, if required. A written reply to the grievance will be given within three (3) working days of the presentation of the grievance unless the employee is working hour shifts in which case the written reply will be given within five (5)working days. Unless the parties have agreed to waive or extend the following time limit, it shall be optional to the Company to decline to consider any grievance the alleged circumstances giving rise to it of which occurred or originated more than full calendar working days before prior to its presentation except in the filing case of a grievance claiming failure on the part of the Company to give the required notice of recall, in which instance, the period of time shall be thirty (30) days. A further exception would involve an employee, with seniority, who is suspended, in which instance, the period of time shall be five (5) working days from the employee's receipt of written notice. Probationary employees are entitled to lodge a grievance in the same manner, and to the same extent as regular employees, except with respect to their termination of employment. If the decision given under Section is not satisfactory to the employee, the grievance may be presented within five (5) working days after such decision by the employee's Committee member to the local Human Resources Representative to be taken up at a meeting arranged between management and the plant committee which will be held within five (5) working days from the time of receipt of the grievance. An employee or the Union may discuss problems orally with the supervisor in an attempt to seek a solution prior to the commencement of the grievance procedure. A grievance may be filed by an or the Union. Formal grievances will be processed promptly using the following procedure: (In Writing) Between the aggrieved employee, the Union Xxxxxxx and the Plant Superintendent. The Company will Unless otherwise agreed Management shall give answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, the Plant Superintendent and the Plant Manager. The Plant Manager will give his answer its decision in writing to the Union Plant Committee Chairperson or designate within calendar days. Disciplines with time off shall commence at Step Between the Union Xxxxxxx, a of Local and the Plant the Plant Manager or his representative and a representative of the of the Company. The Company representative will give the Union the Company's written decision within calendar working days following the Step meeting. Section Arbitration Procedure A If the rules set in the grievance procedure have been complied with and either party desires to arbitrate a grievance relating decision of Management is not satisfactory to the interpretationemployee concerned, application, administration or alleged violation the Chairperson of the provisions Plant Committee may, by serving written notice within fifteen (15) days of the Agreementdate on which Management's decision was received, appeal there from to an impartial arbitrator, selected by the procedure outlined below shall be followsCompany and the Union. The parties shall select an arbitrator by exchanging lists reflecting If the names of Company and the Union cannot agree within five (5) arbitrators. The individual whose name first appears working days on both lists shall be accepted by the parties as arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Lists, this procedure will be repeated. If, after a second exchange of Lists, the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator Province of Ontario shall not be authorized requested to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreementselect one. The decision of the Arbitrator arbitrator shall be final and binding on the Company, the Union and the employeesboth parties. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration including The fees and expenses of the arbitrator shall be shared equally by the Company and the Unionparties hereto.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Section Grievance Procedure. An employee with a complaint will first discuss the matter with their Line Manager. The parties employee may choose to be accompanied by a Shop Xxxxxxx. Failing satisfactory resolve, the matter shall be submitted as a grievance to the procedure as herein provided. A grievance is any controversy, complaint or misunderstanding or dispute arising as to the meaning, application or observance of any provision of this Agreement. All grievances must be submitted in writing at the First Step within ten working days from the time that the alleged violation of the Collective Agreement took place. Any grievance submitted in the First Step of the grievance procedure and required to go to Fourth Step, shall attempt be promptly attended to, with a maximum of five (5) days between each step unless an extension is mutually agreed to. The procedure for discussion of any grievances which may arise shall be as follows: By discussion between the employee concerned with the Shop Xxxxxxx, or a member of the Grievance Committee, and their Line Manager. Between the employee concerned, jointly with one or more members of the Grievance Committee, their Line Manager and the Department Manager. Between the employee concerned, jointly with one or more members of the Grievance Committee, the Department Manager and the Brewery Manager or Nominee. Between the of the Grievance Committee and the Executive Council of the Union and the President of the Ontario Region and/or Nominee. The Union may also choose to resolve grievances as quickly as possiblebe represented by an executive member of Local If the Union does not agree with the Company’s decision given at Fourth Step, the grievance may be referred to Arbitration under Section within ninety (90) working days of the Fourth Step answer. No Any grievance not referred to Arbitration within the time limit specified herein shall be considered where the circumstances giving rise to it occurred or originated more than full calendar days before the filing of the grievance. An employee or the Union may discuss problems orally with the supervisor in an attempt to seek a solution prior to the commencement of the grievance procedure. A grievance may be filed by an or the Union. Formal grievances will be processed promptly using the following procedure: (In Writing) Between the aggrieved employee, the Union Xxxxxxx and the Plant Superintendenthave been abandoned. The Company will give answer guarantees to all employees that their standing within calendar days. Between the aggrieved employeeplant, the Union Xxxxxxx, the Plant Superintendent and the Plant Manager. The Plant Manager will give his answer in writing to the Union within calendar days. Disciplines or with time off shall commence at Step Between the Union Xxxxxxx, a of Local and the Plant the Plant Manager or his representative and a representative of the of the Company, will not be prejudiced in any way because of their action in carrying complaints and grievances to higher management levels when there has been failure to settle such complaints and grievances satisfactorily through their immediate Line Managers. The Company representative will give Where a difference arises between the Union the Company's written decision within calendar days following the Step meeting. Section Arbitration Procedure A If the rules set in the grievance procedure have been complied with and either party desires to arbitrate a grievance parties relating to the interpretation, application, or administration or alleged violation of this Agreement, including any that this Agreement has been violated, either of the provisions parties may, after exhausting any grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the Agreement, the procedure outlined below shall be followsfirst party’s appointee to an arbitration board. The parties shall select an arbitrator by exchanging lists reflecting Recipient of the names of notice shall, within five (5) arbitratorsdays, advise the other party of the name of its appointee to the arbitration board. The individual whose name first appears on both lists two appointees so selected shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be accepted by the parties as arbitratorChairperson. If the parties do not succeed in selecting an arbitrator on recipient of the first exchange of Lists, this procedure will be repeated. If, after a second exchange of Lists, the parties do not succeed in selecting notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson, within the time limit, the appointment shall be made by the Minister of Labour at for Ontario, upon the request of either party. The arbitrator selected arbitration board shall set hear and determine the difference or allegation and shall issue a mutually convenient date decision and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. The decision of the Arbitrator shall be final and binding on upon the Companyparties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority the Union decision of the Chairperson shall govern. The reasonable costs of such arbitration including the fees and expenses, stenographic services, etc., of the employees. E Each Chairperson, shall be equally shared by both parties to the Agreement and each party shall pay the expenses, if any, of its own expenses incurred in arbitration, including nominee to the expense of its witnesses and representatives. All other expense of arbitration including fees and expenses of the arbitrator shall be equally by the Company and the Unionboard.
Appears in 1 contract
Samples: Collective Agreement
Section Grievance Procedure. The parties to this Agreement shall attempt to resolve grievances as quickly as possible. No grievance shall be considered where the circumstances giving rise to it occurred or originated more than full calendar days before the filing of the grievancegrievance or days from date the grievant became aware of the alleged violation. An employee or the Union may shall discuss problems orally with the supervisor in an attempt to seek a solution prior to the commencement of the formal grievance procedure. A grievance may be filed by an or the Union. Formal grievances will be processed promptly using the following procedure: (In Writing) Between the aggrieved employee, the Union Xxxxxxx and the Plant SuperintendentDepartment Supervisor. The Company will give its answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, the Plant Superintendent and the Plant ManagerSupervisor or his representative. The Plant Manager Company will give his provide an answer in writing to the Union within calendar days. Disciplines with time off shall commence at Step Between the Union President, Chief Xxxxxxx and Xxxxxxx, a of Local and the Plant Department Supervisor, the Plant Manager or his representative and a representative of the President of the Company. A Union Staff Representative may also be present. The Company representative will give the Union the Company's written decision within calendar days following the Step meeting. Section Arbitration Procedure A If the rules set in the grievance procedure have has been complied with and either party desires to arbitrate a grievance relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement, the procedure outlined below shall be followsfollowed. The parties shall select an arbitrator by exchanging lists reflecting the names of five (5) arbitrators. The individual whose name first appears on both lists shall be accepted by the parties as the arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Listslists, this procedure will be repeated. If, after If a second exchange of Lists, lists the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour at the request of either party. C The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to lo make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. The decision of the Arbitrator shall be final and binding on the Company, the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration arbitration, including fees and expenses of the arbitrator arbitrator, shall be equally by the Company and the Union.
Appears in 1 contract
Samples: Labour Agreement
Section Grievance Procedure. The City and the Union agree that it is in the best interest of both parties to this Agreement shall attempt have complaints and grievances adjusted promptly. It is specifically agreed that before a complaint becomes a grievance, the authorized supervisor, the employee andlor the employee representative involved will meet and discuss the issue. Where possible, the employee or employee representative will be provided with all known or available informationthat will be relied upon by the Employer. In order for a complaint to resolve grievances as quickly as possible. No grievance shall be considered valid an employee must bring a complaint to the attention of the authorized supervisor within seven (7) calendar days of an incident. If the complaint is not satisfactorilyresolved within seven (7) calendar days, the employee may choose to have recourse within twenty-one (21) calendar days to the grievance procedure as follows: The employee Union shall submit to Labour Relations the grievance in writing on forms provided by the City. The employee may choose to have assistance of a Union official. The employee's Manager or delegate shall meet with the andlor the Union representative within fourteen (14) calendar days from the day on which the grievance was received by Labour Relations. Within fourteen (14) calendar days of this meeting, a written response will be issued by the Employer. If the grievance is not resolved the Union may, at the end of this period and within fourteen (14) calendar days, refer the grievance to Step NOTE: In a case where the circumstances giving rise grievance deals with a termination, Step Iof the process is waived and the grievances proceed directly to it occurred Step The Director or originated more than full delegate shall, within fourteen (14) calendar days before the filing of the grievance. An employee or date the grievance referral at Step was received by Labour Relations, meet with the and/or the Union may discuss problems orally representative. Within fourteen (14) calendar days of this meeting, the Employer will issue a written response. If the grievance is not resolved, the Union may, at the end of this period and within fourteen (14) calendar days, refer the grievance to Step The City Manager or delegate shall, within fourteen (14) calendar days of the date the grievance referral at Step was received by Labour Relations, meet with the supervisor and/or the Union representative. Within fourteen (14) calendar days of this meeting a written response will be issued by the Employer. If the grievance is not resolved, the union may, at the end of this period and within one (1) calendar month, file for arbitration. The tirnelines provided in an attempt to seek a solution prior to the commencement this Section may be extended by mutual agreement of the grievance procedure. A grievance may be filed by an or Employer and the Union. Formal grievances will be processed promptly using Upon receipt by the following procedure: (In Writing) Between General Manager of written notice from the aggrieved employeePresident of the Union of the desire to arbitrate the grievance, the Union Xxxxxxx matter shall be referred to Expedited Arbitration, governed by the agreed-upon Rules and Procedures, unless one or more of the parties prefer the more traditional three (3) person board. In the event of Expedited Arbitration, the Labour Relations Branch shall contact the agreed-upon Arbitrator and make the necessary arrangements. Should the parties choose a three (3) person board, the City and the Plant Superintendent. The Company will give answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, the Plant Superintendent and the Plant Manager. The Plant Manager will give his answer in writing to the Union within calendar days. Disciplines with time off shall commence at Step Between the Union Xxxxxxx, a of Local and the Plant the Plant Manager or his representative and a representative of the of the Company. The Company representative will give the Union the Company's written decision within calendar days following the Step meeting. Section Arbitration Procedure A If the rules set in the grievance procedure have been complied with and either party desires to arbitrate a grievance relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement, the procedure outlined below shall be follows. The parties shall select each appoint an arbitrator by exchanging lists reflecting the names of five (5) arbitrators. The individual whose name first appears on both lists shall be accepted by the parties as arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Lists, this procedure will be repeated. If, after a second exchange of Lists, the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. The decision of the Arbitrator shall be final and binding on the Company, the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration including fees and expenses of the arbitrator shall be equally by the Company and the Union.within seven
Appears in 1 contract
Samples: Collective Agreement
Section Grievance Procedure. The Commission and the Union agree that it is in the best interest of both parties to this Agreement shall attempt to resolve that complaints and grievances as quickly as possible. No grievance shall be adjusted promptly. It is specifically agreed that before a complaint becomes a grievance, the supervisor involved must be given full opportunity to investigate and adjust the complaint. In order for a complaint to be considered where valid an employee must bring a complaint to the circumstances giving rise attention of the supervisor within five working days of an incident. If the complaint is not satisfactorily resolved within working days, the employee may choose to it occurred or originated more than full have recourse twenty-one calendar days before to the filing grievance procedure as follows: five within The employee shall submit the grievance in writing on forms provided by the Commission to the supervisor. The employee may choose to have the assistance of a Union official. If a settlement satisfactory to the grievance. An employee concerned is not reached within five working days or a time period mutually agreed upon, the grievance may at the end of this period and within five working days proceed to Step Security Claims Department grievances are exempt from the Step 2 procedure and proceed directly to Step The employee or the Union may discuss problems orally with shall present the supervisor in an attempt to seek a solution prior grievance to the commencement Division Manager, The employee may choose to have the assistance of a Union official If a settlement of the grievance procedure. A Division Manager or his or her delegate satisfactory to the employee concerned is not reached within five working days or a time period mutually agreed upon, the grievance may be filed by an at the end of this period and within five working days proceed to Step to The employee or the Union. Formal grievances will be processed promptly using Union shall present the following procedure: (In Writing) Between grievance to the aggrieved employee, the Union Xxxxxxx and the Plant Superintendent. The Company will give answer within calendar days. Between the aggrieved employee, the Union Xxxxxxx, the Plant Superintendent and the Plant General Manager. The Plant Manager will give his answer in writing employee or the Commission may choose to have the Union within calendar days. Disciplines Executive in attendance at a meeting with time off shall commence at Step Between the Union Xxxxxxx, a of Local and the Plant the Plant General Manager or his representative and or her delegate. If a representative of settlement satisfactory the of the Company. The Company representative will give employee concerned or the Union the Company's written decision is not reached within calendar five working days following the Step meeting. Section Arbitration Procedure A If the rules set in or a time period mutually agreed upon, the grievance procedure have been complied with and either party desires to arbitrate a grievance relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement, the procedure outlined below shall be follows. The parties shall select an arbitrator by exchanging lists reflecting the names of five (5) arbitrators. The individual whose name first appears on both lists shall be accepted by the parties as arbitrator. If the parties do not succeed in selecting an arbitrator on the first exchange of Lists, this procedure will be repeated. If, after a second exchange of Lists, the parties do not succeed in selecting an arbitrator, the appointment shall be made by the Minister of Labour may at the request of either party. The arbitrator selected shall set a mutually convenient date and place for the hearing and hear both sides of the dispute before rendering a decision. D The Arbitrator shall not be authorized to make any decision inconsistent with the provisions end of this Agreement, nor period and within one month be referred to alter, modify or amend any part a Board of this Agreement. The decision of the Arbitrator shall be final and binding on the Company, the Union and the employees. E Each party shall pay its own expenses incurred in arbitration, including the expense of its witnesses and representatives. All other expense of arbitration including fees and expenses of the arbitrator shall be equally by the Company and the UnionArbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement