Common use of Special Grievances Clause in Contracts

Special Grievances. Grievances will be filed at, or advanced to the appropriate stage of the grievance procedure to ensure timely and meaningful decisions. In the event there is a dispute among the parties as to the appropriate stage for filing a grievance, the Labour Relations department and the Union Grievance Committee shall resolve the matter. The parties agree there are three (3) types of special grievances which shall be filed at advanced stages of the grievance procedure: (i) A question of unjust discharge or unjust lay-off" (ii) A question of Job Evaluation" (iii) A question of general application" There may also be other situations where, by mutual agreement, grievances may be filed at an advanced stage of the grievance procedure. (a) Discharge or Lay-off - A claim by an employee that they have been unjustly discharged, or have been unjustly laid off, shall be treated as a grievance if a written statement of such grievance is lodged with the Human Resources Manager within seven (7) working days after the employee ceases to work for the Company. All preliminary stages of the grievance procedure prior to Stage 2 shall be omitted in such cases. If the employee requests, they shall have the right to interview their Shop Xxxxxxx for thirty minutes at a place designated by the employee's Supervisor before they leave the premises. Such grievances may be settled by confirming the Management's decision in discharging or laying off the employee, or by reinstating the employee with full or partial compensation for time lost as seems just and equitable in the opinion of the conferring parties or arbitrator or the Board of Arbitration, as the case may be. (b) Job Evaluation - Subject to the provisos set out hereunder, the Union may invoke the provisions of this Article (Grievance Procedure) if: (i) The Union representatives on the Joint Job Evaluation Committee do not agree with the description and/or evaluation of a new job added to Appendix I by the Company in the manner prescribed in Paragraph 5, Appendix V, or (ii) The Company representatives on the Joint Job Evaluation Committee do not agree with a requested revision to the description and/or evaluation and/or date of retro-activity of a job contained in Appendix I upon the request being made by the Union in the manner prescribed in Xxxxxxxxx 0, Xxxxxxxx X, that there has been a sufficient change in job content to change the evaluation of the job, or (iii) The Union representatives on the Joint Job Evaluation Committee do not agree with the revised description and/or evaluation and/or date of retroactivity of a job contained in Appendix I made by the Company in the manner prescribed in Paragraph 7, Appendix V, or (iv) The Union Representatives on the Joint Job Evaluation Committee do not agree with an unevaluated basic hourly wage rate instituted by the Company according to Paragraph 9, Appendix V. (a) The grievance shall be deemed to have occurred on the date the Company receives the Union's statement of disagreement in the manner prescribed in Paragraph 5(c)(v) or in Paragraph 6(b)(v) or in Paragraph 7(b)(v) or in Paragraph 9(a)(iv) of Appendix V, whichever is applicable, and (b) The Union shall bypass Stages 1 and 2. A Board of Referees shall be instituted to explore job evaluation grievances before these grievances may be submitted to arbitration. The Board of Referees will convene at the demand of either party, but not more often than once every three (3) months. The Board of Referees shall be well experienced in job evaluation techniques and practices and shall consist of one Company appointee and one Union appointee. Appointees to the Board of Referees shall not be current employees or agents of the Company or the Union. Each party shall pay its own costs and expenses of its appointee to the Board of Referees. If a job evaluation grievance is not advanced to the Board of Referees within fourteen (14) working days after the Company receives the Union's Statement of Disagreement, the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. If the Board of Referees reach agreement, their joint decision shall be final and binding. If the Board of Referees do not reach agreement, they shall each advise the parties in writing, stating their individual proposed settlement of each job evaluation disagreed, in which case the Union may notify the Company in writing that they are submitting the grievance to arbitration. If the grievance is not submitted to arbitration within fourteen (14) working days of the date of the first written notice of one or the other member of the Board of Referees that the Board of Referees have not reached agreement on the settlement of the job evaluation grievance, then the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. (c) Hearing and resolution of the grievance by the Job Evaluation Board of Referees, or under Stage 3 of the grievance procedure shall be confined to the degree allowed for the factor or factors or portion of the description on which the parties are in disagreement and to whether or not the conflicting proposals are consistent with the Kitimat Works Evaluation System. Factors resolved by the Job Evaluation Board of Referees or under Stage 3 of the grievance procedure shall not be used for future cross-comparison. (d) There shall be no recourse to grievance procedure if the Union representatives on the Joint Job Evaluation Committee fail to meet with the Company representatives on the said Committee, or Task Force if the Union representatives on the said Committee fail to sign a statement in duplicate listing the factor or factors or portion of the description on which they are in disagreement and giving the reasons therefore, as prescribed in Paragraph 5(c)(v) or in Paragraph 6(b)(v) or in Paragraph 7(b)(v) of Appendix V, whichever be applicable, and (e) Any change in basic hourly wage rate resulting from hearing and resolution of the grievance by the Job Evaluation Board of Referees or under Stage 3 of the grievance procedure, whichever is applicable, will be retroactive to the date of institution in the case of a new job added to Appendix I by the Company, or to the date the job content changes occurred that affected the evaluation as stated in Appendix V, Paragraph 6 or 7 or to the date on which the Company instituted an unevaluated basic hourly wage rate according to Paragraph 9, whichever is applicable. However, such change in basic hourly wage rate will only be applicable to employees who are still in the employ of the Company as of the date the Job Evaluation Board of Referees hand their joint decision to the parties, or the date the Arbitrator or Board of Arbitration award is made under Stage 3 of the grievance procedure.

Appears in 2 contracts

Samples: Collective Labour Agreement, Collective Labour Agreement

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Special Grievances. Grievances will be filed at, or advanced to the appropriate stage of the grievance procedure to ensure timely and meaningful decisions. In the event there is a dispute among the parties as to the appropriate stage for filing a grievance, the Labour Relations department and the Union Grievance Committee shall resolve the matter. The parties agree there are three four (34) types of special grievances which shall be filed at advanced stages of the grievance procedure: (i) A question of unjust discharge or unjust lay-off" (ii) A question of Job Evaluation" (iii) A question of general application" " (iv) “A question of unjust suspension of (thirty) 30 days or more” There may also be other situations where, by mutual agreement, grievances may be filed at an advanced stage of the grievance procedure. (a) Discharge or Lay-off - A claim by an employee that they have been unjustly discharged, or have been unjustly laid off, shall be treated as a grievance if a written statement of such grievance is lodged with the Human Resources Manager within seven (7) working days after the employee ceases to work for the Company. All preliminary stages of the grievance procedure prior to the Hearing Stage 2 shall be omitted in such cases. If the employee requests, they shall have the right to interview their Shop Union Xxxxxxx for thirty minutes at a place designated by the employee's Supervisor before they leave the premises. Such grievances may be settled by confirming the Management's Company’s decision in discharging or laying off the employee, or by reinstating the employee with full or partial compensation for time lost as seems just and equitable in the opinion of the conferring parties or arbitrator or the Board of Arbitration, as the case may be. (b) Job Evaluation - Subject to the provisos set out hereunder, the Union may invoke the provisions of this Article (Grievance Procedure) if: (i) The Union representatives on the Joint Job Evaluation Committee do not agree with the description and/or evaluation of a new job added to Appendix I by the Company in the manner prescribed in Paragraph 5, Appendix V, or (ii) The Company representatives on the Joint Job Evaluation Committee do not agree with a requested revision to the description and/or evaluation and/or date of retro-activity of a job contained in Appendix I upon the request being made by the Union in the manner prescribed in Xxxxxxxxx 0, Xxxxxxxx X, that there has been a sufficient change in job content to change the evaluation of the job, or (iii) The Union representatives on the Joint Job Evaluation Committee do not agree with the revised description and/or evaluation and/or date of retroactivity of a job contained in Appendix I made by the Company in the manner prescribed in Paragraph 7, Appendix V, or (iv) The Union Representatives on the Joint Job Evaluation Committee do not agree with an unevaluated basic hourly wage rate instituted by the Company according to Paragraph 9, Appendix V. (a) The grievance shall be deemed to have occurred on the date the Company receives the Union's statement of disagreement in the manner prescribed in Paragraph 5(c)(v) or in Paragraph 6(b)(v) or in Paragraph 7(b)(v) or in Paragraph 9(a)(iv) of Appendix V, whichever is applicable, and (b) The Union shall bypass Stages 1 and 2the Problem Solving Stage. A Board of Referees shall be instituted to explore job evaluation grievances before these grievances may be submitted to arbitration. The Board of Referees will convene at the demand of either party, but not more often than once every three (3) months. The Board of Referees shall be well experienced in job evaluation techniques and practices and shall consist of one Company appointee and one Union appointee. Appointees to the Board of Referees shall not be current employees or agents of the Company or the Union. Each party shall pay its own costs and expenses of its appointee to the Board of Referees. If a job evaluation grievance is not advanced to the Board of Referees within fourteen (14) working days after the Company receives the Union's Statement of Disagreement, the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. If the Board of Referees reach agreement, their joint decision shall be final and binding. If the Board of Referees do not reach agreement, they shall each advise the parties in writing, stating their individual proposed settlement of each job evaluation disagreed, in which case the Union may notify the Company in writing that they are submitting the grievance to arbitration. If the grievance is not submitted to arbitration within fourteen (14) working days of the date of the first written notice of one or the other member of the Board of Referees that the Board of Referees have not reached agreement on the settlement of the job evaluation grievance, then the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. (c) Hearing and resolution of the grievance by the Job Evaluation Board of Referees, or under Stage 3 Arbitration of the grievance procedure shall be confined to the degree allowed for the factor or factors or portion of the description on which the parties are in disagreement and to whether or not the conflicting proposals are consistent with the Kitimat Works Evaluation System. Factors resolved by the Job Evaluation Board of Referees or under Stage 3 Arbitration of the grievance procedure shall not be used for future cross-comparison. (d) There shall be no recourse to grievance procedure if the Union representatives on the Joint Job Evaluation Committee fail to meet with the Company representatives on the said Committee, or Task Force if the Union representatives on the said Committee fail to sign a statement in duplicate listing the factor or factors or portion of the description on which they are in disagreement and giving the reasons therefore, as prescribed in Paragraph 5(c)(v) or in Paragraph 6(b)(v) or in Paragraph 7(b)(v) of Appendix V, whichever be applicable, and (e) Any change in basic hourly wage rate resulting from hearing and resolution of the grievance by the Job Evaluation Board of Referees or under Stage 3 Arbitration of the grievance procedure, whichever is applicable, will be retroactive to the date of institution in the case of a new job added to Appendix I by the Company, or to the date the job content changes occurred that affected the evaluation as stated in Appendix V, Paragraph 6 or 7 or to the date on which the Company instituted an unevaluated basic hourly wage rate according to Paragraph 9, whichever is applicable. However, such change in basic hourly wage rate will only be applicable to employees who are still in the employ of the Company as of the date the Job Evaluation Board of Referees hand their joint decision to the parties, or the date the Arbitrator or Board of Arbitration award is made under Stage 3 Arbitration of the grievance procedure.

Appears in 2 contracts

Samples: Collective Labour Agreement, Collective Labour Agreement

Special Grievances. Grievances will be filed at, or advanced to the appropriate stage of the grievance procedure to ensure timely and meaningful decisions. In the event there is a dispute among the parties as to the appropriate stage for filing a grievance, the Labour Relations department and the Union Grievance Committee shall resolve the matter. The parties agree there are three four (34) types of special grievances which shall be filed at advanced stages of the grievance procedure: (i) A question of unjust discharge or unjust lay-off" (ii) A question of Job Evaluation" (iii) A question of general application" " (iv) “A question of unjust suspension of (thirty) 30 days or more” There may also be other situations where, by mutual agreement, grievances may be filed at an advanced stage of the grievance procedure. (a) Discharge or Lay-off - A claim by an employee that they have been unjustly discharged, or have been unjustly laid off, shall be treated as a grievance if a written statement of such grievance is lodged with the Human Resources Manager within seven (7) working days after the employee ceases to work for the Company. All preliminary stages of the grievance procedure prior to the Hearing Stage 2 shall be omitted in such cases. If the employee requests, they shall have the right to interview their Shop Union Xxxxxxx for thirty minutes at a place designated by the employee's Supervisor before they leave the premises. Such grievances may be settled by confirming the Management's Company’s decision in discharging or laying off the employee, or by reinstating the employee with full or partial compensation for time lost as seems just and equitable in the opinion of the conferring parties or arbitrator or the Board of Arbitration, as the case may be. (b) . Job Evaluation - Subject to the provisos set out hereunder, the Union may invoke the provisions of this Article (Grievance Procedure) if: (i) The Union representatives on the Joint Job Evaluation Committee do not agree with the description and/or evaluation of a new job added to Appendix I by the Company in the manner prescribed in Paragraph 5, Appendix VCompany, or (ii) The Company representatives on the Joint Job Evaluation Committee do not agree with a requested revision to the description and/or evaluation and/or date of retro-activity of a job contained in Appendix I upon the request being made by the Union in the manner prescribed in Xxxxxxxxx 0, Xxxxxxxx XUnion, that there has been a sufficient change in job content to change the evaluation of the job, or (iii) The Union representatives on the Joint Job Evaluation Committee do not agree with the revised description and/or evaluation and/or date of retroactivity of a job contained in Appendix I made by the Company in the manner prescribed in Paragraph 7, Appendix VCompany, or (iv) The Union Representatives on the Joint Job Evaluation Committee do not agree with an unevaluated basic hourly wage rate instituted by the Company according to Paragraph 9, Appendix V.Company (a) The grievance shall be deemed to have occurred on the date the Company receives the Union's statement of disagreement in the manner prescribed in Paragraph 5(c)(v) or in Paragraph 6(b)(v) or in Paragraph 7(b)(v) or in Paragraph 9(a)(iv) of Appendix V, whichever is applicabledisagreement, and (b) The Union shall bypass Stages 1 and 2the Problem Solving Stage. A Board of Referees shall be instituted to explore job evaluation grievances before these grievances may be submitted to arbitration. The Board of Referees will convene at the demand of either party, but not more often than once every three (3) months. The Board of Referees shall be well experienced in job evaluation techniques and practices and shall consist of one Company appointee and one Union appointee. Appointees to the Board of Referees shall not be current employees or agents of the Company or the Union. Each party shall pay its own costs and expenses of its appointee to the Board of Referees. If a job evaluation grievance is not advanced to the Board of Referees within fourteen (14) working days after the Company receives the Union's Statement of Disagreement, the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. If the Board of Referees reach agreement, their joint decision shall be final and binding. If the Board of Referees do not reach agreement, they shall each advise the parties in writing, stating their individual proposed settlement of each job evaluation disagreed, in which case the Union may notify the Company in writing that they are submitting the grievance to arbitration. If the grievance is not submitted to arbitration within fourteen (14) working days of the date of the first written notice of one or the other member of the Board of Referees that the Board of Referees have not reached agreement on the settlement of the job evaluation grievance, then the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. (c) Hearing and resolution of the grievance by the Job Evaluation Board of Referees, or under Stage 3 Arbitration of the grievance procedure shall be confined to the degree allowed for the factor or factors or portion of the description on which the parties are in disagreement and to whether or not the conflicting proposals are consistent with the Kitimat Works Evaluation System. Factors resolved by the Job Evaluation Board of Referees or under Stage 3 Arbitration of the grievance procedure shall not be used for future cross-comparison. (d) There shall be no recourse to grievance procedure if the Union representatives on the Joint Job Evaluation Committee fail to meet with the Company representatives on the said Committee, or Task Force if the Union representatives on the said Committee fail to sign a statement in duplicate listing the factor or factors or portion of the description on which they are in disagreement and giving the reasons therefore, as prescribed in Paragraph 5(c)(v) or in Paragraph 6(b)(v) or in Paragraph 7(b)(v) of Appendix V, whichever be applicable, and (e) Any change in basic hourly wage rate resulting from hearing and resolution of the grievance by the Job Evaluation Board of Referees or under Stage 3 Arbitration of the grievance procedure, whichever is applicable, will be retroactive to the date of institution in the case of a new job added to Appendix I by the Company, or to the date the job content changes occurred that affected the evaluation as stated in Appendix Vevaluation, Paragraph 6 or 7 or to the date on which the Company instituted an unevaluated basic hourly wage rate according to Paragraph 9rate, whichever is applicable. However, such change in basic hourly wage rate will only be applicable to employees who are still in the employ of the Company as of the date the Job Evaluation Board of Referees hand their joint decision to the parties, or the date the Arbitrator or Board of Arbitration award is made under Stage 3 Arbitration of the grievance procedure.

Appears in 1 contract

Samples: Collective Labour Agreement

Special Grievances. Grievances will be filed at, or advanced to the appropriate stage of the grievance procedure to ensure timely and meaningful decisions. In the event there is a dispute among the parties as to the appropriate stage for filing a grievance, the Labour Relations department and the Union Grievance Committee grievance committee shall resolve the matter. The parties agree there are three (3) types of special grievances which shall be filed at advanced stages of the grievance procedure: (i) A question of unjust discharge or unjust lay-off" (ii) A question of Job Evaluation" (iii) A question of general application" There may also be other situations where, by mutual agreement, grievances may be filed at an advanced stage of the grievance procedure. (a) Discharge or Lay-off - A claim by an employee that they have been unjustly discharged, or have been unjustly laid off, shall be treated as a grievance if a written statement of such grievance is lodged with the Human Resources Manager within seven (7) 7 working days after the employee ceases to work for the Company. All preliminary stages of the grievance procedure prior to Stage 2 shall be omitted in such cases. If the employee requests, they shall have the right to interview their Shop Xxxxxxx for thirty minutes at a place designated by the employee's Supervisor before they leave the premises. Such grievances may be settled by confirming the Management's decision in discharging or laying off the employee, or by reinstating the employee with full or partial compensation for time lost as seems just and equitable in the opinion of the conferring parties or arbitrator or the Board of Arbitration, as the case may be. (b) Job Evaluation - Subject to the provisos set out hereunder, the Union may invoke the provisions of this Article (Grievance Procedure) if: (i) The Union representatives on the Joint Job Evaluation Committee do not agree with the description and/or evaluation of a new job added to Appendix I by the Company in the manner prescribed in Paragraph 5, Appendix V, or (ii) The Company representatives on the Joint Job Evaluation Committee do not agree with a requested revision to the description and/or evaluation and/or date of retro-activity of a job contained in Appendix I upon the request being made by the Union in the manner prescribed in Xxxxxxxxx 0, Xxxxxxxx X, that there has been a sufficient change in job content to change the evaluation of the job, or (iii) The Union representatives on the Joint Job Evaluation Committee do not agree with the revised description and/or evaluation and/or date of retroactivity of a job contained in Appendix I made by the Company in the manner prescribed in Paragraph 7, Appendix V, or (iv) The Union Representatives on the Joint Job Evaluation Committee do not agree with an unevaluated basic hourly wage rate instituted by the Company according to Paragraph 9, Appendix V. (a) The grievance shall be deemed to have occurred on the date the Company receives the Union's statement of disagreement in the manner prescribed in Paragraph 5(c)(v) or in Paragraph 6(b)(v) or in Paragraph 7(b)(v) or in Paragraph 9(a)(iv) of Appendix V, whichever is applicable, and (b) The Union shall bypass Stages 1 and 2. A Board of Referees shall be instituted to explore job evaluation grievances before these grievances may be submitted to arbitration. The Board of Referees will convene at the demand of either party, but not more often than once every three (3) months. The Board of Referees shall be well experienced in job evaluation techniques and practices and shall consist of one Company appointee and one Union appointee. Appointees to the Board of Referees shall not be current employees or agents of the Company or the Union. Each party shall pay its own costs and expenses of its appointee to the Board of Referees. If a job evaluation grievance is not advanced to the Board of Referees within fourteen (14) 14 working days after the Company receives the Union's Statement of Disagreement, the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. If the Board of Referees reach agreement, their joint decision shall be final and binding. If the Board of Referees do not reach agreement, they shall each advise the parties in writing, stating their individual proposed settlement of each job evaluation disagreed, in which case the Union may notify the Company in writing that they are submitting the grievance to arbitration. If the grievance is not submitted to arbitration within fourteen (14) 14 working days of the date of the first written notice of one or the other member of the Board of Referees that the Board of Referees have not reached agreement on the settlement of the job evaluation grievance, then the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. (c) Hearing and resolution of the grievance by the Job Evaluation Board of Referees, or under Stage 3 of the grievance procedure shall be confined to the degree allowed for the factor or factors or portion of the description on which the parties are in disagreement and to whether or not the conflicting proposals are consistent with the Kitimat Works Evaluation System. Factors resolved by the Job Evaluation Board of Referees or under Stage 3 of the grievance procedure shall not be used for future cross-cross- comparison. (d) There shall be no recourse to grievance procedure if the Union representatives on the Joint Job Evaluation Committee fail to meet with the Company representatives on the said Committee, or Task Force if the Union representatives on the said Committee fail to sign a statement in duplicate listing the factor or factors or portion of the description on which they are in disagreement and giving the reasons therefore, as prescribed in Paragraph 5(c)(v) or in Paragraph 6(b)(v) or in Paragraph 7(b)(v) of Appendix V, whichever be applicable, and (e) Any change in basic hourly wage rate resulting from hearing and resolution of the grievance by the Job Evaluation Board of Referees or under Stage 3 of the grievance procedure, whichever is applicable, will be retroactive to the date of institution in the case of a new job added to Appendix I by the Company, or to the date the job content changes occurred that affected the evaluation as stated in Appendix V, Paragraph 6 or 7 or to the date on which the Company instituted an unevaluated basic hourly wage rate according to Paragraph 9, whichever is applicable. However, such change in basic hourly wage rate will only be applicable to employees who are still in the employ of the Company as of the date the Job Evaluation Board of Referees hand their joint decision to the parties, or the date the Arbitrator or Board of Arbitration award is made under Stage 3 of the grievance procedureGrievance Procedure.

Appears in 1 contract

Samples: Collective Labour Agreement

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Special Grievances. Grievances will be filed at, or advanced to the appropriate stage of the grievance procedure to ensure timely and meaningful decisions. In the event there is a dispute among the parties as to the appropriate stage for filing a grievance, the Labour Relations department and the Union Grievance Committee shall resolve the matter. The parties agree there are three four (34) types of special grievances which shall be filed at advanced stages of the grievance procedure: (i) A question of unjust discharge or unjust lay-off" (ii) A question of Job Evaluation" (iii) A question of general application" " (iv) “A question of unjust suspension of (thirty) 30 days or more” There may also be other situations where, by mutual agreement, grievances may be filed at an advanced stage of the grievance procedure. (a) Discharge or Lay-off - A claim by an employee that they have been unjustly discharged, or have been unjustly laid off, shall be treated as a grievance if a written statement of such grievance is lodged with the Human Resources Manager within seven (7) working days after the employee ceases to work for the Company. All preliminary stages of the grievance procedure prior to Stage 2 shall be omitted in such cases. If the employee requests, they shall have the right to interview their Shop Xxxxxxx for thirty minutes at a place designated by the employee's Supervisor before they leave the premises. Such grievances may be settled by confirming the Management's decision in discharging or laying off the employee, or by reinstating the employee with full or partial compensation for time lost as seems just and equitable in the opinion of the conferring parties or arbitrator or the Board of Arbitration, as the case may be. (b) Job Evaluation - Subject to the provisos set out hereunder, the Union may invoke the provisions of this Article (Grievance Procedure) if: (i) The Union representatives on the Joint Job Evaluation Committee do not agree with the description and/or evaluation of a new job added to Appendix I by the Company in the manner prescribed in Paragraph 5, Appendix V, or (ii) The Company representatives on the Joint Job Evaluation Committee do not agree with a requested revision to the description and/or evaluation and/or date of retro-activity of a job contained in Appendix I upon the request being made by the Union in the manner prescribed in Xxxxxxxxx 0, Xxxxxxxx X, that there has been a sufficient change in job content to change the evaluation of the job, or (iii) The Union representatives on the Joint Job Evaluation Committee do not agree with the revised description and/or evaluation and/or date of retroactivity of a job contained in Appendix I made by the Company in the manner prescribed in Paragraph 7, Appendix V, or (iv) The Union Representatives on the Joint Job Evaluation Committee do not agree with an unevaluated basic hourly wage rate instituted by the Company according to Paragraph 9, Appendix V. (a) The grievance shall be deemed to have occurred on the date the Company receives the Union's statement of disagreement in the manner prescribed in Paragraph 5(c)(v) or in Paragraph 6(b)(v) or in Paragraph 7(b)(v) or in Paragraph 9(a)(iv) of Appendix V, whichever is applicable, and (b) The Union shall bypass Stages 1 and 2. A Board of Referees shall be instituted to explore job evaluation grievances before these grievances may be submitted to arbitration. The Board of Referees will convene at the demand of either party, but not more often than once every three (3) months. The Board of Referees shall be well experienced in job evaluation techniques and practices and shall consist of one Company appointee and one Union appointee. Appointees to the Board of Referees shall not be current employees or agents of the Company or the Union. Each party shall pay its own costs and expenses of its appointee to the Board of Referees. If a job evaluation grievance is not advanced to the Board of Referees within fourteen (14) working days after the Company receives the Union's Statement of Disagreement, the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. If the Board of Referees reach agreement, their joint decision shall be final and binding. If the Board of Referees do not reach agreement, they shall each advise the parties in writing, stating their individual proposed settlement of each job evaluation disagreed, in which case the Union may notify the Company in writing that they are submitting the grievance to arbitration. If the grievance is not submitted to arbitration within fourteen (14) working days of the date of the first written notice of one or the other member of the Board of Referees that the Board of Referees have not reached agreement on the settlement of the job evaluation grievance, then the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. (c) Hearing and resolution of the grievance by the Job Evaluation Board of Referees, or under Stage 3 of the grievance procedure shall be confined to the degree allowed for the factor or factors or portion of the description on which the parties are in disagreement and to whether or not the conflicting proposals are consistent with the Kitimat Works Evaluation System. Factors resolved by the Job Evaluation Board of Referees or under Stage 3 of the grievance procedure shall not be used for future cross-comparison. (d) There shall be no recourse to grievance procedure if the Union representatives on the Joint Job Evaluation Committee fail to meet with the Company representatives on the said Committee, or Task Force if the Union representatives on the said Committee fail to sign a statement in duplicate listing the factor or factors or portion of the description on which they are in disagreement and giving the reasons therefore, as prescribed in Paragraph 5(c)(v) or in Paragraph 6(b)(v) or in Paragraph 7(b)(v) of Appendix V, whichever be applicable, and (e) Any change in basic hourly wage rate resulting from hearing and resolution of the grievance by the Job Evaluation Board of Referees or under Stage 3 of the grievance procedure, whichever is applicable, will be retroactive to the date of institution in the case of a new job added to Appendix I by the Company, or to the date the job content changes occurred that affected the evaluation as stated in Appendix V, Paragraph 6 or 7 or to the date on which the Company instituted an unevaluated basic hourly wage rate according to Paragraph 9, whichever is applicable. However, such change in basic hourly wage rate will only be applicable to employees who are still in the employ of the Company as of the date the Job Evaluation Board of Referees hand their joint decision to the parties, or the date the Arbitrator or Board of Arbitration award is made under Stage 3 of the grievance procedure.

Appears in 1 contract

Samples: Collective Labour Agreement

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