Common use of Settlement of Grievances Clause in Contracts

Settlement of Grievances. 6.01 Grievances shall be handled during regular working hours and no employee involved shall suffer any loss of pay. 6.02 Should any such grievances or differences occur, the aggrieved employee, with or without the Xxxxxxx or through the Xxxxxxx acting on his/her behalf, shall take the matter up with the employee’s supervisor. If the matter is not settled within two (2) working days; then 6.03 Within three (3) working days, the Xxxxxxx shall present the matter, in writing, to the appropriate Department Manager who shall give a written decision within five (5) working days. If the matter is not settled; then 6.04 Within three (3) working days, the Union shall take the grievance up, in writing, with the Department Lead, who shall give a written decision within five (5) working days; then 6.05 If the matter is not settled, the Union shall, within one (1) week, without any interruption whatsoever in the operations or the relationship between the parties, refer the question at issue to a Board of Arbitration. All submissions to such Board shall be in writing, setting forth fully all details of the question at issue. The Board of Arbitration shall be composed of one person appointed by the Employer, one person appointed by the Union and a Chairperson to be mutually agreed upon between the respective appointees referred to above. If, within seven (7) days or such longer time as may be agreed upon, after the naming of the respective appointees, the said appointees are unable to agree upon a Chairperson, application shall be made to the Minister of Labour of the Province of Saskatchewan requesting him/her to appoint a Chairperson of the Board of Arbitration. No person shall serve on the Board of Arbitration who is in any way involved in the dispute or who is a civil servant. 6.06 The matters and things to be considered and the decision rendered by such Board shall be governed entirely by the provisions of this Agreement. The decision shall be determined by a majority of the members of the Board and such decision shall be final and binding on the parties hereto. 6.07 Each party shall pay the expenses of its own appointee and shall share equally the expenses of the Chairperson. 6.08 The Employer and the Union may mutually agree to a single Arbitrator rather than a Board consisting of three (3) members. The costs of a single Arbitrator shall be divided equally between the Employer and the Union. 6.09 If an employee feels he/she has been unjustly discharged, suspended or laid off, he/she shall file his/her grievance in Section 6.03 of this clause in writing within seven (7) calendar days after the date of such discharge, suspension or layoff. If the settlement of this grievance results in reinstatement of the employee, he/she shall be reinstated without loss of seniority rights and he/she shall be paid for this period during which he/she has not worked and was without earnings as if he/she had not been suspended, discharged or laid off. 6.10 The Shop Xxxxxxx or, in his/her absence, his/her designated alternate, shall be present when a member of the Bargaining unit: (a) is given a reprimand that is to be entered on the employee’s personnel file; (b) is suspended or discharged.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Settlement of Grievances. 6.01 Grievances Both the Company and the Union the desirability of a satisfactory grievance procedure, the purpose of which will be to settle as many grievances as possible promptly and on the spot. The Union agrees to appoint or elect a maximum of sixteen Stewards, a maximum of eight per plant. The Company agrees to such Stewards, provided they are regular employees of the Company, to deal with matters affecting employees in their plant. A list of these Stewards will be supplied to the Company. The Company shall be handled during regular working hours advised immediately by the Union, in writing of any change in this list. The Union’s grievance committee will consist of the President, Chief Xxxxxxx and no employee involved Xxxxxxx of the department affected to deal with grievances. A list of grievance committee members shall suffer be supplied to the Company. The Company shall be advised immediately in writing of any loss of pay. 6.02 Should any such grievances or differences occur, the aggrieved employee, with or without the Xxxxxxx or through the Xxxxxxx acting on his/her behalf, shall take the matter up with the employee’s supervisorchange in this list. If the matter is not settled within two (2) working days; then 6.03 Within three (3) working days, the Xxxxxxx shall present the matterStep The grievance must be filed, in writing, within seven working days after the event giving rise to the appropriate Department Manager who grievance occurred or it is deemed abandoned. Within this period of time, it shall be discussed between the employee(s), his Xxxxxxx, and the foreperson. The foreperson shall give a written the Union his decision within five (5) four working days from the date the discussion took place. If the Union wishes to appeal to the next step, the grievance shall be delivered to the Company’s Human Resources Department within three working days of the delivery of the foreperson’s decision to the Union. Step If a grievance is not settled at the Step and there is a request to hold a Step meeting, the meeting shall be held within seven working days. Present at the meeting will be such members of the grievance committee as the Union designates and the Human Resources Manager and/or such other persons as he may designate to represent the Company for the purpose of attempting to resolve the grievance. If the matter settlement is not settled; then 6.04 Within three (3) working daysreached at the Step, the Union shall take have four working days following the receipt of the Company’s written decision to request a Step meeting. This request must be made in writing and delivered to the Human Resources Department within the said four working days. Step If a grievance is not settled at the Step, and there is a request to hold a Step meeting, such meeting shall be held within seven working days of the notice or such other time as the parties mutually agree in writing. Present at the meeting will be such members of the grievance upcommittee as the Union designates and the Human Resources Manager, and/or such other persons as he may designate to represent the Company. A National Representative of the Union may be requested by either party. If settlement is not reached, the Company shall have ten working days following this meeting to inform the Grievance Committee of its decision in writing, with . The and the Department Lead, who shall give a written decision within five foreperson may be present at the Step if either the Union or the Company so desire. (5a) working days; then 6.05 If the matter settlement is not settledreached at the Step, either party shall have twenty The grievance shall be referred by the Union shallor by the Company to an arbitration committee of three members, within one (1) week, without any interruption whatsoever in the operations or the relationship between the parties, refer the question at issue to a Board of Arbitration. All submissions to such Board shall be in writing, setting forth fully all details of the question at issue. The Board of Arbitration shall be composed of one person appointed by the EmployerUnion, one person appointed by the Union Company, and a Chairperson third who shall act as chairman, to be mutually agreed upon between by the respective appointees referred to aboveother two. If, within seven (7) days or such longer time as may be agreed upon, after the naming Upon receipt of the respective appointeesname of the member appointed by the party submitting the grievance to arbitration, the said appointees are unable other party shall name its nominee. If it fails to agree upon a Chairpersondo so within two weeks, application shall its nominee will be made to appointed by the Minister of Labour of for the Province of Saskatchewan requesting him/her Ontario. If agreement cannot be reached within one week as to appoint the appointment of a Chairperson third member, he shall be appointed by the Minister of Labour for the Province of Ontario. The parties, by agreement in writing, may agree to the arbitration being conducted by a single arbitrator, as opposed to the committee of three members as set out in herein and the conditions applying to the said committee as set out in shall apply to the said single arbitrator. If either the Company or the Union alleges violation of this Collective Agreement through action of the Board officials of Arbitrationeither, the grievance shall be dealt with through the grievance procedure established by this article beginning with Step When a grievance which affects the rate of pay of an employee is settled, and as a result of such a settlement the employee receives an increase in his rate, the increase shall be paid retroactively to the date of the error in rate of pay, provided however, that in no event shall retroactivity exceed days in total. No person If a seniority employee is dismissed or suspended for any reason whatsoever and feels that he has been unjustly dealt with, he shall serve on promptly notify a member of the Board grievance committee who shall, within seven working days of Arbitration who receipt of notice of dismissal or suspension by the aggrieved employee, notify the Human Resources Department in writing, stating the ground of objection to the dismissal or suspension. The dismissal or suspension shall then constitute a grievance, and shall be dealt with according to the grievance procedure set out above beginning with the Step. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in any way involved his former position and shall be compensated for all time lost at this regular rate of pay or granted such lesser compensation as may be deemed fair in the dispute or who is a civil servant. 6.06 The matters and things to be considered and the decision rendered circumstances. To ensure prompt handling of any such grievance except by such Board shall be governed entirely by the provisions of this Agreement. The decision shall be determined by a majority of the members of the Board and such decision shall be final and binding on the parties hereto. 6.07 Each party shall pay the expenses of its own appointee and shall share equally the expenses of the Chairperson. 6.08 The Employer and the Union may mutually agree to a single Arbitrator rather than a Board consisting of three (3) members. The costs of a single Arbitrator shall be divided equally mutual agreement between the Employer Company and the Union. 6.09 If an employee feels he/she has been unjustly discharged, suspended the Company may refuse to consider any such grievance not filed within the said seven working days of receipt of notice of dismissal or laid offsuspension, he/she shall file his/her grievance in Section 6.03 of this clause in writing within seven (7) calendar and not more than working days after the date of such discharge, suspension or layoff. If the settlement of this grievance results in reinstatement of the employee, he/she shall be reinstated without loss of seniority rights and he/she shall be paid allowed for this period during which he/she has not worked and was without earnings as if he/she had not been suspendedconsideration under each successive step A Xxxxxxx or Union representative, discharged or laid off. 6.10 The Shop Xxxxxxx orwhen available, in his/her absence, his/her designated alternate, shall will be present when a member of the Bargaining unit: (a) is given seniority employee receives a reprimand that is to be entered on the employee’s personnel file; (b) written warning or is suspended or discharged. The Company will notify the Xxxxxxx, or his designated representative, within one working day if a seniority employee is discharged or suspended. If requested by an employee and with reasonable notice, an employee will be allowed to see his/her file in the presence of a management representative. A Union Xxxxxxx may discuss with the foreperson direct matters, which may affect the welfare of the department as a whole even though at the time same may not constitute a grievance. The Company will provide an appropriate secure area for the Union filing cabinet in all locations.

Appears in 1 contract

Samples: Collective Agreement

Settlement of Grievances. 6.01 Grievances All grievances shall be handled during regular working hours and no employee involved shall suffer any loss of pay. 6.02 Should any such grievances or differences occur, the aggrieved employee, with or without the Xxxxxxx or through the Xxxxxxx acting on his/her behalf, shall take the matter up settled in accordance with the employee’s supervisor. If the matter is not settled within two (2) working days; then 6.03 Within three (3) working days, the Xxxxxxx shall present the matter, in writing, to the appropriate Department Manager who shall give a written decision within five (5) working days. If the matter is not settled; then 6.04 Within three (3) working days, the Union shall take the grievance up, in writing, with the Department Lead, who shall give a written decision within five (5) working days; then 6.05 If the matter is not settled, the Union shall, within one (1) week, without any interruption whatsoever in the operations or the relationship between the parties, refer the question at issue to a Board of Arbitration. All submissions to such Board shall be in writing, setting procedure set forth fully all details of the question at issue. The Board of Arbitration shall be composed of one person appointed by the Employer, one person appointed by the Union and a Chairperson to be mutually agreed upon between the respective appointees referred to above. If, within seven (7) days or such longer time as may be agreed upon, after the naming of the respective appointees, the said appointees are unable to agree upon a Chairperson, application shall be made to the Minister of Labour of the Province of Saskatchewan requesting him/her to appoint a Chairperson of the Board of Arbitration. No person shall serve on the Board of Arbitration who is in any way involved in the dispute or who is a civil servant. 6.06 The matters and things to be considered and the decision rendered by such Board shall be governed entirely by the provisions of this Agreement. The decision shall be determined by a majority of the members of the Board and such decision shall be final and binding on the parties hereto. 6.07 Each party shall pay the expenses of its own appointee and shall share equally the expenses of the Chairperson. 6.08 The Employer and the Union may mutually agree to a single Arbitrator rather than a Board consisting of three (3) members. The costs of a single Arbitrator shall be divided equally between the Employer and the Union. 6.09 If an employee feels he/she has been unjustly discharged, suspended or laid off, he/she shall file his/her grievance in Section 6.03 of this clause in writing within seven (7) calendar days after the date of such discharge, suspension or layoff. If the settlement of this grievance results in reinstatement of the employee, he/she shall be reinstated without loss of seniority rights and he/she shall be paid for this period during which he/she has not worked and was without earnings as if he/she had not been suspended, discharged or laid off. 6.10 The Shop Xxxxxxx or, in his/her absence, his/her designated alternate, shall be present when a member of the Bargaining unitbelow: (a) Step 1-Verbal Step. Any employee having a grievance shall first take up the matter with his immediate supervisor. The employee may, if desired, be accompanied by a Representative of the Association in this discussion. If the grievance is given a reprimand that is to not settled in discussion with the immediate supervisor, it shall be entered on discussed with the employee’s personnel file;Major of Jail Operations or his designee. (b) Step 2-First Written Step. If the grievance is suspended not settled in Step 1 it shall be reduced to writing, signed by the grievant, and submitted to the Major of Jail Operations within ten (10) work days of the occurrence given rise to the grievance. If a grievance relates to a matter affecting several employees in a like manner, it may be signed by one affected employee and by mutual agreement may be moved automatically to Step 3. The written grievance shall be discussed between the grievant and the Major of Jail Operations or dischargedhis designee, within ten (10) work days of receipt of the grievance. The grievant's Xxxxxxx shall be present during such meeting. The Major of Xxxx Operations shall give his written decision on the grievance within the next ten (10) work days following this Step 2 discussion. (c) Step 3-Second Written Step. In the event the grievance is not settled at Step 2, the Union may request a meeting to be held between the Union’s Representative, Human Resources Director, the Sheriff, the Major of Jail Operations, and if desired, the grievant, the Union’s Business Agent and the Employers Labor Attorney. Such request shall be made in writing to the Human Resources Director by the Union’s Representative, or his designated representative, within ten (10) work days after receipt of the Step 2 answer. The Human Resources Director, or his designated representative, shall give his written decision on the grievance within ten (10) work days following the termination of the Step 3 meeting. (d) Step 4-Arbitration. In the event the grievance is not satisfactorily settled in Step 3, either party may request that the grievance be submitted to binding arbitration. Such arbitration shall be conducted in accordance with the provisions of Section

Appears in 1 contract

Samples: Collective Bargaining Agreement

Settlement of Grievances. 6.01 Grievances Section 1. Any dispute which may arise between the parties as to the meaning or application of any specific term of this Agreement may be settled in the following manner: Step 1. The aggrieved Employee shall be handled during regular working hours and no employee involved shall suffer any loss of pay. 6.02 Should any such grievances or differences occur, make known his grievance to the aggrieved employeeUnion Xxxxxxx. The Union Xxxxxxx, with or without the Xxxxxxx or through the Xxxxxxx acting on his/her behalfaggrieved Employee, shall take submit the matter up with the employee’s supervisor. If the matter is not settled within two (2) working days; then 6.03 Within three (3) working days, the Xxxxxxx shall present the matter, in writing, grievance orally to the appropriate Department Manager who shall give division commander or designee within ten (10) days of the act or omission which is subject of the grievance. With respect to a written decision within five (5) working days. If the matter is not settled; then 6.04 Within three (3) working daysdispute as to pay, the Union date of the act or omission shall take be deemed to be the date on which the payroll check which is claimed to be incorrect is issued. The division commander or designee shall make every reasonable effort to settle the grievance up, in writing, with the Department Lead, who shall and give a written decision within five (5) working days; then 6.05 If the matter is not settled, his answer to the Union shall, within one (1) week, without any interruption whatsoever in the operations or the relationship between the parties, refer the question at issue to a Board of Arbitration. All submissions to such Board shall be in writing, setting forth fully all details of the question at issue. The Board of Arbitration shall be composed of one person appointed by the Employer, one person appointed by the Union and a Chairperson to be mutually agreed upon between the respective appointees referred to above. If, within seven (7) calendar days or such longer time as may be agreed upon, after presentation to him. Step 2. If the naming of grievance is still not settled and the respective appointeesEmployee wishes to process it further, the said appointees are unable to agree upon a Chairperson, application Union Xxxxxxx shall be made then submit the grievance in writing to the Minister Chief of Labour of the Province of Saskatchewan requesting him/her to appoint a Chairperson of the Board of Arbitration. No person shall serve on the Board of Arbitration who is in any way involved in the dispute or who is a civil servant. 6.06 The matters and things to be considered and the decision rendered by such Board shall be governed entirely by the provisions of this Agreement. The decision shall be determined by a majority of the members of the Board and such decision shall be final and binding on the parties hereto. 6.07 Each party shall pay the expenses of its own appointee and shall share equally the expenses of the Chairperson. 6.08 The Employer and the Union may mutually agree to a single Arbitrator rather than a Board consisting of Police within three (3) memberscalendar days of the division commander or designee answer was due, whichever date first occurs. The costs of a single Arbitrator Chief or his designee shall then give his written answer to the Union within ten (10) calendar days after presentation to him. Step 3. If the grievance has not been settled under Step 2 and if the Employee wishes to process it further, it shall be divided equally between the Employer and the Union. 6.09 If an employee feels he/she has been unjustly discharged, suspended or laid off, he/she shall file his/her grievance in Section 6.03 of this clause presented in writing to the Human Resources Director within seven (7) calendar days after the delivery of the Chief’s written answer or the expiration of the seven (7) day period within which the Chief’s written answer was due, whichever date first occurs. The Human Resources Director or his designee shall meet with the Union Xxxxxxx or Grievance Committee, with or without the aggrieved Employee, within seven (7) days after receipt of the appeal from Step 2, and shall make every reasonable effort to settle the grievance and give the Union his answer in writing within five (5) days after said meeting. The Human Resources Director shall state all of the reasons for his decision. Failure to include all reasons shall not prevent the use of such discharge, suspension or layoff. If the settlement reasons in Step 4 of this procedure. Step 4. In the event the grievance results in reinstatement remains unresolved or the decision of the employeeHuman Resources Director is unsatisfactory at Step 3, he/she shall be reinstated without loss of seniority rights and he/she shall be paid for this period during which he/she has not worked and was without earnings as if he/she had not been suspended, discharged or laid off. 6.10 The Shop Xxxxxxx or, in his/her absencethe aggrieved member, his/her designated alternate, shall be present when a member representative or the Union may submit any/all of the Bargaining unit: issues involved to binding arbitration by giving written notice of such intention to the City Administrator within ten (a10) is given a reprimand that is administrative work days after receiving the decision of the Human Resources Director. If the parties are unable to be entered on the employee’s personnel file; (b) is suspended or discharged.agree upon an impartial arbitrator within ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Settlement of Grievances. 6.01 Grievances A. An employee having a request or complaint shall first present it to his forexxx. Xxe employee may ask his Union Representative to accompany him in his discussion with the forexxx. X. A grievance is defined as any dispute between the Company and the Union, or between the Company and any of its employees, arising during the term of this Agreement and involving an alleged violation of the terms of this Agreement or an alleged failure to comply with the Agreement, or a dispute as to its interpretation or application. C. Any grievance, as above defined, shall be handled during regular working hours and no employee involved shall suffer any loss of pay.processed in the following manner: 6.02 Should any such grievances or differences occur, the aggrieved STEP 1 The employee, with or without the Xxxxxxx or through the Xxxxxxx acting on his/her behalfUnion Representative, shall take first verbally present the matter up with the employee’s supervisor. If the matter is not settled within two grievance to his forexxx xxxhin five (25) working days; then 6.03 Within three (3) working days, days after occurrence of the Xxxxxxx shall present event or the matter, in writing, to date on which the appropriate Department Manager who shall employee knew or could have known of the event and the forexxx xxxll give a written decision his answer within five (5) working days. If the matter is grievance cannot settled; then 6.04 Within three (3) working daysbe resolved orally, the employee or his Union Representative shall take submit the grievance up, to his forexxx xxxmptly in writing, with writing on a form agreed to by the Department Lead, who parties and provided by the Company for this purpose. The grievance form shall give a written decision be dated and signed by the employee or his union representative. The forexxx xxxll provide an answer to the employee or his union representative in writing within five (5) working days; thendays of his receipt of the grievance form. 6.05 STEP 2 If the matter is not settledUnion wishes to appeal the grievance further, the Union shall, within one (1) week, without any interruption whatsoever in the operations or the relationship between the parties, refer the question at issue to a Board of Arbitration. All submissions to such Board designated management representative shall be in writing, setting forth fully all details notified by the grievance committeeperson within five (5) working days after receipt of the question at issueforexxx'x xxxwer. The Board designated management representative shall meet with the appropriate grievance committeeperson within five (5) working days after receipt of Arbitration notice from the Union. The Company's answer shall be composed of one person appointed by the Employer, one person appointed by the Union and a Chairperson to be mutually agreed upon between the respective appointees referred to above. If, given in writing within seven five (75) working days or such longer time as may be agreed upon, after the naming of meeting with the respective appointees, the said appointees are unable to agree upon a Chairperson, application shall be made to the Minister of Labour of the Province of Saskatchewan requesting him/her to appoint a Chairperson of the Board of Arbitration. No person shall serve on the Board of Arbitration who is in any way involved in the dispute or who is a civil servantcommitteeperson. 6.06 STEP 3 The matters and things grievance, to be considered and further, must appear on the decision rendered by such Board agenda for the next scheduled third step grievance meeting. If not, the grievance shall. be considered settled on the basis of the Company's Step 2 answer. Agendas shall be governed entirely by the provisions of this Agreement. The decision shall be determined by a majority of the members of the Board and such decision shall be final and binding on the parties hereto. 6.07 Each party shall pay the expenses of its own appointee and shall share equally the expenses of the Chairperson. 6.08 The Employer and the Union may mutually agree to a single Arbitrator rather than a Board consisting of exchanged three (3) membersworking days prior to the monthly grievance meeting. The costs Director of a single Arbitrator Industrial Relations, or his representative, shall meet with the Grievance Committee, including the President of the Local Union, as an ex-official member of such Committee, and the Staff Representative, at the next scheduled grievance meeting. The Company's answer shall be divided equally between the Employer and the Union. 6.09 If an employee feels he/she has been unjustly discharged, suspended or laid off, he/she shall file his/her grievance in Section 6.03 of this clause given in writing within seven (7) calendar working days after the date of such discharge, suspension or layoff. If the settlement of this grievance results in reinstatement of the employee, he/she shall be reinstated without loss of seniority rights and he/she shall be paid for this period during which he/she has not worked and was without earnings as if he/she had not been suspended, discharged or laid off. 6.10 The Shop Xxxxxxx or, in his/her absence, his/her designated alternate, shall be present when a member of the Bargaining unit: (a) is given a reprimand that is to be entered meeting on the employee’s personnel file; (b) is suspended or dischargedgrievance.

Appears in 1 contract

Samples: Labor Agreement (Simonds Industries Inc)

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Settlement of Grievances. 6.01 Grievances A. A “grievance” shall be handled during regular working hours and no employee involved shall suffer any loss of pay. 6.02 Should any such grievances or differences occur, the aggrieved employee, with or without the Xxxxxxx or through the Xxxxxxx acting on his/her behalf, shall take the matter up with the employee’s supervisor. If the matter is not settled within two (2) working days; then 6.03 Within three (3) working days, the Xxxxxxx shall present the matter, in writing, to the appropriate Department Manager who shall give defined as a written decision within five (5) working days. If the matter is not settled; then 6.04 Within three (3) working days, the Union shall take the grievance up, in writing, with the Department Lead, who shall give a written decision within five (5) working days; then 6.05 If the matter is not settled, the Union shall, within one (1) week, without any interruption whatsoever in the operations or the relationship dispute between the partiesUniversity and an employee or between the University and the Union, refer involving the question at issue to a Board of Arbitration. All submissions to such Board shall be in writing, setting forth fully all details interpretation or application of the question at issue. The Board of Arbitration shall be composed of one person appointed by the Employer, one person appointed by the Union and a Chairperson to be mutually agreed upon between the respective appointees referred to above. If, within seven (7) days or such longer time as may be agreed upon, after the naming of the respective appointees, the said appointees are unable to agree upon a Chairperson, application shall be made to the Minister of Labour of the Province of Saskatchewan requesting him/her to appoint a Chairperson of the Board of Arbitration. No person shall serve on the Board of Arbitration who is in any way involved in the dispute or who is a civil servant. 6.06 The matters and things to be considered and the decision rendered by such Board shall be governed entirely by the specific provisions of this Agreement. The decision . B. Any grievance arising between the University and an employee shall be determined by a majority of settled in the members of following manner: Step 1: The employee will present the Board and such decision shall be final and binding on the parties hereto. 6.07 Each party shall pay the expenses of its own appointee and shall share equally the expenses of the Chairperson. 6.08 The Employer and the Union may mutually agree to a single Arbitrator rather than a Board consisting of three (3) members. The costs of a single Arbitrator shall be divided equally between the Employer and the Union. 6.09 If an employee feels he/she has been unjustly discharged, suspended or laid off, he/she shall file his/her grievance in Section 6.03 writing to his or her immediate supervisor and, with a Xxxxxxx present if requested, discuss it with the Chief of this clause in writing Police within seven (7) calendar days after the date occurrence of such discharge, suspension or layoff. the incident giving rise to the grievance. Step 2: If the a satisfactory settlement in Step 1 is not reached within seven (7) working days of this grievance results in reinstatement of meeting, the employee, or the Xxxxxxx, shall within five (5) working days thereafter submit the grievance in writing to the Associate Vice President of Public Safety and Administrative Services, or his designee, with a copy to the Director of Human Resources, on a form prescribed by the University. The Associate Vice President of Public Safety and Administrative Services, or his designee, shall discuss the grievance with the employee, and if the latter requests, with the employee’s Xxxxxxx. Step 3: If a satisfactory settlement in Step 2 is not reached within five (5) working days of this meeting, the employee shall within ten (10) working days thereafter submit the written grievance to the Vice President, Human Resources. The Vice President, Human Resources will promptly discuss the grievance with the employee, and the employee’s Xxxxxxx, if requested. The Vice President, Human Resources will give the employee, the Union Xxxxxxx, if present, the University’s final answer within fourteen (14) calendar days of the Step 3 meeting. C. If a satisfactory settlement is not reached in Step 3, the University or the Union may appeal the matter to arbitration within fourteen (14) calendar days of the receipt of the University’s final answer. If an appeal is not made within this time period, the matter will be considered permanently settled on the basis of the University’s final answer. D. Arbitration shall be held pursuant to the rules of the American Arbitration Association. The parties shall share equally the Arbitrator’s fees and expenses. Each party shall bear the expense of its own witnesses and advocates. E. The decision of the Arbitrator shall be final and binding on the parties, provided it is not contrary to law, and under no circumstances shall the Arbitrator have the authority to add to, subtract from, modify, or amend the provisions of this Agreement. The powers of the arbitrator are limited as follows: He/she shall be strictly limited to determining the meaning and interpretation of the explicit terms of this Agreement as herein expressly set forth and issuing an award in accordance therewith; he/she shall have no authority to establish or change any wage or rate of pay; his/her award shall be reinstated in accordance with the laws of the State of Connecticut, and shall be based solely on the evidence and arguments presented to him by the parties; he/she shall not substitute his/her judgment for that of the University in the absence of a clear abuse of discretion; he/she shall not be empowered, and shall have no jurisdiction, to base an award on any alleged practice or oral understanding which is not incorporated in writing in this Agreement; he/she shall have no authority to hear and decide more than one grievance without loss the mutual consent of seniority rights the parties; and he/she shall be paid for have no jurisdiction to hear any grievance which is not filed or appealed in the manner specified in this period during which he/she has not worked Article and was without earnings as if he/she had not been suspended, discharged or laid offwithin the time limits of this Article. 6.10 The Shop Xxxxxxx orF. A grievance may be started in writing at step 3 if it involves a suspension or a discharge. G. Grievance meetings or discussions will be held at times which least interfere with efficient activities and work schedules. H. Failure of the University representative to act within the specified time period will be deemed to be a denial of the grievance. Failure of a grievant or the Union to act within the specified time period shall be deemed to be a settlement of the grievance. I. A representative of the Union, in his/her absence, his/her designated alternateand a representative of the University’s Human Resource Department, shall be present when a member entitled to participate at each step of the Bargaining unit: (a) is given Grievance Procedure. The Union shall notify the Human Resources Department if a reprimand that is representative of the Union intends to be entered on present at any step in advance of the employee’s personnel file; (b) is suspended or dischargedstep meeting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Settlement of Grievances. 6.01 Grievances shall be handled during regular working hours and no employee involved shall suffer any loss of pay. 6.02 Should any such grievances or differences occur, the aggrieved employee, with or without the Xxxxxxx or through the Xxxxxxx acting on his/her his behalf, shall take the matter up with the employee’s supervisor. If the matter is not settled within two (2) working days; then 6.03 Within three (3) working days, the Xxxxxxx shall present the matter, in writing, to the appropriate Department Manager who shall give a written decision within five (5) working days. If the matter is not settled; then 6.04 Within three (3) working days, the Union shall take the grievance up, in writing, with the Department Lead, who shall give a written decision within five (5) working days; then 6.05 If the matter is not settled, the Union shall, within one (1) week, without any interruption whatsoever in the operations or the relationship between the parties, refer the question at issue to a Board of Arbitration. All submissions to such Board shall be in writing, setting forth fully all details of the question at issue. The Board of Arbitration shall be composed of one person appointed by the Employer, one person appointed by the Union and a Chairperson to be mutually agreed upon between the respective appointees referred to above. If, within seven (7) days or such longer time as may be agreed upon, after the naming of the respective appointees, the said appointees are unable to agree upon a Chairperson, application shall be made to the Minister of Labour of the Province of Saskatchewan requesting him/her to appoint a Chairperson of the Board of Arbitration. No person shall serve on the Board of Arbitration who is in any way involved in the dispute or who is a civil servant. 6.06 The matters and things to be considered and the decision rendered by such Board shall be governed entirely by the provisions of this Agreement. The decision shall be determined by a majority of the members of the Board and such decision shall be final and binding on the parties hereto. 6.07 Each party shall pay the expenses of its own appointee and shall share equally the expenses of the Chairperson. 6.08 The Employer and the Union may mutually agree to a single Arbitrator rather than a Board consisting of three (3) members. The costs of a single Arbitrator shall be divided equally between the Employer and the Union. 6.09 If an employee feels he/she has been unjustly discharged, suspended or laid off, he/she shall file his/her grievance in Section 6.03 of this clause in writing within seven (7) calendar days after the date of such discharge, suspension or layoff. If the settlement of this grievance results in reinstatement of the employee, he/she shall be reinstated without loss of seniority rights and he/she shall be paid for this period during which he/she has not worked and was without earnings as if he/she had not been suspended, discharged or laid off. 6.10 The Shop Xxxxxxx or, in his/her absence, his/her designated alternate, shall be present when a member of the Bargaining unit: (a) is given a reprimand that is to be entered on the employee’s personnel file; (b) is suspended or discharged.

Appears in 1 contract

Samples: Collective Agreement

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