Step 3 i. The employer shall investigate the complaint. The investigation shall be conducted by a person who shall have training and/or experience in investigating complaints of harassment. The complainant may request that the investigator shall be of the same gender as the complainant and where practicable the request will not be denied.
ii. The investigation shall be conducted as soon as is reasonably possible and shall be completed in ten (10) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld.
Step 3 i. The employer shall review the particulars of the complaint as provided by the complainant pursuant to Article E.2.3.b.
i. The employer may request further particulars from the complainant. Upon the conclusion of such a review, the employer shall:
(1) initiate an investigation of the complaint and appoint an investigator pursuant to Article E.2.3.c.iii below, or;
(2) recommend mediation or other alternative disputes resolution processes to resolve the complaint.
ii. Should the complainant not agree with the process described in Article E.2.3.c.i(2), the employer shall initiate an investigation. The employer shall provide notice of investigation.
iii. The investigation shall be conducted by a person who shall have training and/or experience in investigating complaints of harassment. The complainant may request that the investigator shall be of the same gender as the complainant and where practicable the request will not be denied.
iv. The investigation shall be conducted as soon as is reasonably possible and shall be completed in twenty (20) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld.
Step 3 i. The employer shall review the particulars of the complaint as provided by the complainant pursuant to Article E.2.3.b.
Step 3. If the reply of the Director of Education or designate is unacceptable to the Bargaining Unit, the Bargaining Unit may then apply for arbitration within twenty (20) days of the receipt of the reply.
Step 3. If the grievance is not settled at Step 2, the grieving party shall request a Grievance Board of Adjustment review within five (5) working days by delivering written notice to Respondent Party, COORDINATOR, and UNIONS and/or International Unions. Within five (5) working days of such notice, a Grievance Board of Adjustment meeting shall be held and vote taken with respect to the disposition of the grievance.
Step 3. The President of the Union, or their designate, may present a grievance at Step 3:
(a) within 14 days after the reply has been conveyed to them by the representative designated by the Employer to handle grievances at Step 2; or
(b) within 14 days after the Employer's reply was due.
Step 3. If a grievance is not settled under Step 1 or 2, it may be presented to the employee’s Department Director, or designee, for review and written response. The request for formal review must be presented on a form provided by the District within five (5) days of the conclusion of Step 1 or 2, and must contain the information specified in Step 2 above. A copy of each written communication on a grievance will be filed with the Director of Human Resources, or designee. The employee’s Department Director, or designee, shall respond in writing to the employee within ten (10) days after the date the grievance is received.
Step 3. If the second level reply is not satisfactory to the Union, the grievance will be referred to third step. The Bargaining Committee and National Representative will meet with the Plant Manager, Human Resources Manager and Labour Relations Manager on a monthly basis to address outstanding grievances at the third step. The list of grievances to be heard will be provided five (5) working days prior to the hearing. Within five (5) working days after the Step 3 meeting, management will render a decision in writing and submit it to the Plant Committee.
Step 3. If the Union Grievance Committee is not satisfied with the decision at Step 2, it may, within fifteen (15) days of such decision, demand in writing that the matter be taken to arbitration in accordance with the procedure set out hereunder.
Step 3. (a) If not then settled, either party may, within fourteen (14) days from the Step 2 decision, give written notice to the other of desire to arbitrate. The grieving party shall notify the Ministry of Labour and request to be furnished an odd-numbered list of five (5) qualified arbitrators. The arbitrator shall be chosen by the alternate striking of names by the Company and the Union until only one name remains. Either party may request that a second panel be furnished if the first list is not acceptable.
(b) As soon as possible after the Arbitrator has been selected, he shall meet and hear the evidence and representatives of both parties, and shall render a decision as soon as possible, the intention being that all decisions shall be given within seven (7) days after Arbitration proceedings have commenced.
(c) The Arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement.
(d) No grievance shall be submitted for Arbitration which does not involve a question concerning the interpretation, application, administration or alleged violation of this Agreement. The party receiving notice of Arbitration may, within three (3) days of its receipt, give written notice to the other party, objecting the matter is not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Agreement. In such cases, the Arbitrator shall endeavour to decide that question before dealing with the matter on the merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such cases, the Arbitrator shall reserve judgement on the question of arbitrability and proceed with the matter on the merits. The Arbitrator in its award shall first deal with the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration or alleged violation of the Agreement, then the Arbitrator shall not consider the matter further and the decision of the Company or the Union committee in the case of a Company grievance, shall stand.
(e) Each of the parties shall bear equally the expenses of the Arbitrator.
(f) No person shall be selected as an Arbitrator who has been directly involved in attempts to negotiate or settle the grievance.
