Stage Three. Steps
1. Following receipt of the written notification to proceed to Stage Three, the President of the Council or his delegate (hereinafter referred to as the President) and the Managing Director of the Association or his delegate (hereinafter referred to as the Managing Director) shall meet for the purpose of settling the grievance. The President and Managing Director may each, in their sole discretion, opt to have a Union Representative or a Contractor Representative, respectively, in attendance at the meeting, who will act in an advisory capacity. Additionally, other persons may be requested to give evidence of the circumstances giving rise to the grievance. This meeting shall be held within six
Stage Three. (a) Either party may refer the matter to a private mediator or to the Commission for the purposes of conciliation, mediation or other type of alternative dispute resolution. If the dispute is over the application of the Agreement, or in relation to the NES, the matter may be referred to the Commission for arbitration.
Stage Three. The Arbitration Phase If the Union chooses to refer the grievance to arbitration, the Union shall notify the Company, in writing, of its:
a) Appointee to the arbitration board and/or
b) Willingness to choose a single arbitrator
c) The nature of the grievance, the clause or clauses of this Agreement upon which the grievance is based and the remedy requested.
d) Within five (5) working days after receipt of notification as provided in 14.05, the Company receiving notice shall: i) advise the Union of its appointee to the arbitration board or, ii) Advise that it is willing to accept a single arbitrator. If so, both the parties will endeavour to mutually agree upon a person to act in such capacity.
e) If the parties fail to appoint their respective members within the time limits specified above (14.06 a) or 14.06 b)), appointment shall be made by the Provincial Minister responsible for Labour Issues upon the request of either party.
f) Where each party has established an appointee to a board of arbitration, the appointees shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the chair. If the two (2) appointees are unable to agree upon the choice of a chair within the time limit specified, they shall request the Provincial Minister responsible for Labour issues to appoint a chair.
g) If the single arbitrator, either member of the arbitration board, or the chair thereof, refuses to act or is or becomes incapable of acting, a new single arbitrator, new board member or chair shall be appointed in accordance with the above procedure within five (5) working days of receipt of notice of inability or unwillingness to act. If either party fails to appoint an alternate member or if the members fail to agree upon a chair, the appointment shall be made by the Provincial Minister responsible for Labour issues upon the request of either party.
h) Each party appointing a member shall bear the expense of its member and shall bear one-half (½) of the expenses of the chair of the arbitration board, or single arbitrator.
i) No person shall be appointed as a member or chair of an arbitration board if the person is directly affected by the difference, or if the person has been involved in an attempt to negotiate or settle the difference.
j) The arbitration board or single arbitrator shall hear and determine the grievance and shall issue an award in writing. In the case of an arbitration board, the decision of the majority...
Stage Three. The Grievance Committee may, by notice in writing to the Plant Manager (or Operations Manager) be given in three (3) days after the decision was given or should have been given, if none was given in Stage Two, request a meeting to discuss such grievance. The Plant Manager (or Operations Manager) shall notify the Grievance Committee of the time and place at which the meeting will take place. Such meeting shall be held not later than three (3) days after such request has been received by the Plant Manager (or Operations Manager).
Stage Three. The Grievance Committee may, by notice in writing to the Plant Manager or designate to be given in five (5) working days after the decision was given or should have been given, if none was given in Stage Two, request a meeting to discuss such grievance. The Plant Manager or designate shall notify the Grievance Committee and Xxxxxxx of the time and place at which the meeting will take place. Such meeting shall be held not later than three (3) working days after such request has been received by the Plant Manager or designate. The Plant Manager or designate will give a decision in writing within five (5) working days after the meeting has been held. The Plant Manager or designate will not be called upon to meet with more than four Grievance Committee members and Xxxxxxx together with the employee involved, at any one time. A full-time representative of the Union shall be present at Stage Three. The Union shall have the right to initiate a group grievance or a grievance of a general nature at Stage Three of the Grievance Procedure.
Stage Three a. In the event that a grievance is unresolved, or not timely answered at Stage 2, the CSEA may, within fifteen (15) calendar days, appeal the grievance to arbitration. The Public Employment Relations Board (PERB) will be utilized for selecting an arbitrator.
b. The expense of arbitration shall be shared equally by the District and the CSEA. All other expenses incurred shall be paid by the party incurring them. The decision of the arbitrator shall be final and binding to the parties of this Agreement. The arbitrator shall, when making said decision, have no power to add to, subtract from, or modify the specific provisions of this Agreement.
c. Awards may not be retroactive beyond thirty (30) calendar days prior to the initiation of the alleged grievance at Stage One with the District, or prior to the date the grievant became aware, or should have become aware, of the event constituting the grievance.
Stage Three. Provided that not more than ten (10) calendar days have elapsed since the delivery of the reply at Stage Two, then the Grievance Committee and O.N.A. representative may take the matter up with the Chief Administrative Officer and the Director of Human Resources or their designated representatives, within fifteen (15) calendar days not including the date of service. Failing settlement at this Stage and within thirty (30) calendar days of the meeting, then the matter may be referred to Arbitration in accordance with the provisions of The Ontario Labour Relations Act, as amended from time to time.
Stage Three. (a) Should any grievance fail to be satisfactorily settled under the foregoing procedure, either party may, within fourteen (14) calendar days following receipt of the answer from the Board, notify the other party in writing of its desire to submit the difference or allegation to arbitration. However, it is acknowledged and understood that the grievance procedure must be exhausted in its entirety before the grievance can be referred to arbitration.
(b) Any matter so referred to arbitration, including any question as to whether a matter is arbitrable, shall be heard by an Arbitration Board composed of an appointee from each of the Union and the Employer and a third person who shall be Chairperson or, on the agreement of the parties, a sole arbitrator shall be utilized. The two (2) appointees so selected shall, within fifteen (15) working days of the appointment of the second of them, or a time mutually agreed upon, appoint a third person who shall be the Chairperson. If the recipient party fails to appoint an Arbitrator with the time limits, the appointment shall be made by the Minister of Labour upon the request of either party.
Stage Three. A. In the event that the grievance is not resolved within Stage Two, the aggrieved member(s) may submit within five (5) working days from the immediate supervisor’s response, a formal written grievance to the Director of Personnel, or his/her designee. The written grievance shall contain the circumstances of the alleged contract violation, the specific provision of the contract alleged violated, the date of the alleged violation, and the remedy sought.
B. The Director of Personnel, or his/her designee, shall meet with the aggrieved member(s) and the Association representative, if any, to discuss and review the allegations.
C. Within five (5) working days of the receipt of the formal written grievance, the Director of Personnel or his/her designee shall respond in writing to the aggrieved member(s) with a copy to the Association representative (if any).
Stage Three. If the grievance is denied, or not timely answered at Stage 2, the Association may, within fifteen (15) calendar days, appeal the grievance to arbitration. The Public Employment Relations Board (PERB) will be utilized for selecting an arbitrator.
