Shop Stewards Shop Stewards who have been selected pursuant to the rules and regulations of the Union to represent the employees covered hereby will be recognized by the Employer. The number of stewards appointed shall be reasonably related to the needs of the Union to represent bargaining unit members. The names of the stewards will be furnished to the General Manager of the Employer in writing before beginning their duties. An alternate shall act as the xxxxxxx when appointed to do so by the Union and the Employer is so notified. The Employer recognizes that the stewards will be assigned their Union duties and responsibilities by the Union and pursuant to this Agreement. The stewards will cooperate with the Employer in securing compliance with this Agreement and, at the request of the General Manager of the Employer, or of the General Manager’s duly authorized representative, will call to the attention of its employees any violations of this Agreement. Stewards shall perform their assigned duties as an employee covered by this Agreement. Stewards will be given a reasonable amount of time by the xxxxxxx’x supervisor during working hours, and without loss of pay, to handle Union business pertaining to the xxxxxxx’x area of responsibility which could not reasonably be accomplished during non-working hours. This business will be handled as expeditiously as possible and, except for matters taking only a few minutes, the appropriate management supervisor will be informed before a xxxxxxx performs Union business. A xxxxxxx may, with permission from the management supervisor, use a company vehicle to pursue labor management problems during working hours. During outages and other emergencies, a supervisor has the right to require a xxxxxxx to give priority attention to Employer’s business. The xxxxxxx will confine the xxxxxxx’x activities during working hours to those matters pertaining to this Agreement. Stewards will not be terminated for any cause until the General Manager of the Employer and the Business Manager of the Union have completed an investigation of such cause, provided that the investigation shall not last longer than fifteen (15) work days in cases not involving a reduction in force, and 48 hours in cases involving a reduction in force, without mutual agreement of the parties. In the event of a reduction in force involving a xxxxxxx, the General Manager for Employer and the Business Manager of the Union will meet at least 48 hours prior to the reduction in force to allow adequate time for the Business Manager to replace the xxxxxxx; this section, in and of itself, does not obligate Employer to otherwise give the Union advance notice of a reduction in force. As used in this section, “shop xxxxxxx” or “xxxxxxx” includes alternate shop stewards, and “working hours” does not include meal and break periods.
Selection of Mediator A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Contract, if possible.
Supervisory Employees For the purposes of this Article, the parties agree that Supervisory positions are those that are not excluded under Article 2.0 above and that satisfy the following criteria:
a) Employees on Salary Schedule 01 who under Plan A "Nature of Supervision" have either Degree 3 (or higher) or its equivalent;
b) Employees on Schedules 02 or 03 on condition they normally supervise other employees.
Selection of the Arbitrator a) Arbitration shall be by a single arbitrator.
b) The central parties shall select a mutually agreed upon arbitrator.
c) The central parties may refer multiple grievances to a single arbitrator.
d) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator.
e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.
Optional Mediation The Parties may mutually agree to non-binding mediation:
(a) If the grievance is not resolved at Step 3, either Party may request that a Mediator be appointed to meet with the Parties, investigate and define the issues in dispute and facilitate a resolution.
(b) The Mediator shall be appointed by mutual agreement between the Parties.
(c) The purpose of the Mediator's involvement in the grievance process is to assist the Parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose.
(d) The expenses of the Mediator shall be equally borne by both Parties.
(e) The grievance may be resolved by mutual agreement between the Parties.
Job Stewards (1) An employee appointed as a Job Xxxxxxx shall, upon notification by the Union to the employer be recognised as the accredited representative of the Union and he/she shall be allowed all necessary time during working hours to submit to the employer matters affecting the employees he/she represents and further shall be allowed reasonable time during working hours to attend job matters affecting the Union. Provided that the foregoing does not relieve the Job Xxxxxxx of the obligation imposed upon him/her by his/her employer. A Job Xxxxxxx shall notify the employer and where relevant the principal contractor's representative and the Union prior to the calling of any stop work meeting so that the procedures laid down in Clause 42. - Settlement of Disputes - may be observed before any stoppage of work occurs.
(2) Prior to termination or transfer two days' notice shall be given to any Job Xxxxxxx and the Union. Payment in lieu of notice shall not be given. In the event of the Union disputing the decision of management to transfer the Job Xxxxxxx or terminate his/her service, the Union shall notify management within two working days after being informed of the decision of management. The Job Xxxxxxx shall remain on the job during which time a Board of Reference shall deal with the matter. The Union shall, within three working days of notifying the management that it disputes the decision to transfer or terminate the job xxxxxxx, request the Registrar or Deputy Registrar in writing to appoint a Board of Reference to deal with the matter. The Union and the employer shall do all things necessary to enable the Board to sit within ten working days of the management decision to transfer or terminate the job xxxxxxx. If the Board cannot sit within ten working days because of the employer's failure to nominate representatives, or their unavailability to sit on the Board, the decision to transfer or terminate the job xxxxxxx shall be null and void. If the Board cannot sit within ten working days because of the Union's failure to nominate representatives, or their unavailability to sit on the Board, the job xxxxxxx'x transfer or termination shall automatically take effect at the expiry of the period of ten working days. Provided that nothing in this subclause shall prevent the parties proceeding by agreement to have the matter settled by the Commission or a Local Disputes Board set up in accord with Clause 42 (3) in lieu of the Board of Reference procedure. Provided further that nothing shall affect the right of the employer to dismiss a job xxxxxxx without notice for misconduct or refusing duty.
Selection of Arbitrators 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators:
(a) one arbitrator appointed by each of the disputing parties; and
(b) the third arbitrator, who shall be the presiding arbitrator, appointed by agreement of the disputing parties. The third arbitrator shall be a national of a non-Member State which has diplomatic relations with the disputing Member State and non-disputing Member State, and shall not have permanent residence in either the disputing Member State or non- disputing Member State.
2. Any person appointed as an arbitrator shall have expertise or experience in public international law, international trade or international investment rules. An arbitrator shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral proceedings.
3. Subject to Article 36 (Conduct of the Arbitration), if a tribunal has not been constituted within 75 days from the date that a claim is submitted to arbitration under this Section, the Appointing Authority, on the request of a disputing party, shall appoint, in his or her discretion, the arbitrator or arbitrators who have not been appointed.
4. The tribunal shall reach its decisions by a majority of votes and its decisions shall be binding.
5. The parties to the dispute shall bear the cost of their respective arbitrators to the tribunal and share equally the cost of the presiding arbitrator and other relevant costs. In all other respects, the tribunal shall determine its own procedures.
6. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators.
7. Where any arbitrator appointed as provided for in this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.
CLASSIFICATION OF EMPLOYEES Section 1. A full-time employee shall be deemed to be any employee regularly scheduled to work forty (40) hours per week. A regular employee is one whose employment is reasonably expected to continue for longer than fifteen (15) months.
Section 2. A part-time employee shall be deemed to be any employee regularly scheduled to work less than forty (40) hours per week.
Section 3. The Company shall have the right to reduce employee classifications from full-time to part-time or to increase employee classifications from part-time to full-time. Should the Company deem it appropriate to reclassify full-time employees to part-time employees, it will seek volunteers from the affected group and then force in reverse order of seniority.
Section 4. A temporary employee is one who is engaged for a specific project or a limited period, with the definite understanding that his/her employment is to terminate upon completion of the project or at the end of the period, and whose employment is expected to continue for more than three (3) consecutive weeks, but not more than fifteen (15) months. The termination of the employment of such temporary employees shall not be subject to the grievance or arbitration provisions of this Agreement.
Section 5. Agency workers and independent contractors shall not be deemed to be employees of the Company and, as such, shall not be covered by any of the terms or conditions of this Agreement.
Recognition of Union Stewards and Grievance Committee In order to provide an orderly and speedy procedure for the settling of grievances, the Employer acknowledges the rights and duties of the Union Stewards. The Xxxxxxx shall assist any Employee, which the Xxxxxxx represents, in preparing and presenting her grievance in accordance with the grievance procedure.
Panel Selection 1. The Parties shall apply the following procedures in selecting a Panel: (a) the Panel shall comprise 3 members; (b) within 15 days following the date of the establishment of the Panel, each Party shall nominate a Panelist; (c) the Parties shall endeavor
2. If a Panelist appointed under this Article resigns or becomes unable to act, a successor Panelist shall be appointed within 30 days in accordance with the selection procedure as prescribed for the appointment of the original Panelist and the successor shall have all the powers and duties of the original Panelist. The work of the Panel shall be suspended during the appointment of the successor Panelist.
