Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing within five (5) working days following presentation of the grievance to then within five (5) working days after the decision is given: STEP NO. The Union Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who In the event the grievance is not settled at Step No. the Local may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing within five (5) working days following presentation arbitration of the grievance to then within five (5) working days after the decision is given: STEP NO. The Union Grievance Committee may present the alleged grievance by giving notice in writing to the City Manager or appointee. A meeting will be held Board within ten (10) working days between of receipt of the City Manager or appointee written decision at Step No. but not thereafter. If a request for arbitration is not given within such ten (10) day period, the decision at Step No. shall be final and binding upon both parties to this Agreement, and upon any employee affected by it. The notice to arbitrate shall contain the name and address of the Local’s nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board of Arbitration, and the Union Grievance Committeeremedy sought. A Staff Representative The Local shall be bound by the same and shall be restricted at arbitration to the issues represented by the notice. The District School Board shall within ten days advise the Local in writing, of the Union may be present at names of its appointee to the request Arbitration Board. The two appointees so selected shall, within ten days of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting appointment of the Grievance Committeesecond of them appoint a third person who shall be chair. Failing settlementIf the two appointees fail to agree upon a chair within the time limit, the appointment shall be made by the Minister of Labour. The request to the Minister of Labour must be made within ten days from the expiry of the date upon which the two appointees were to appoint a chair. The Arbitration Board shall hear and determine the matter and shall issue a decision, which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the Arbitration Board but if there is no majority decision, the decision of the City Manager chair shall govern. The Board of Arbitration shall not be authorized to add, delete, modify or appointee shall be delivered to otherwise amend the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt provisions of the written Agreement nor make any decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out inconsistent with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may Agreement, nor adjudicate any matter not be used with respect specifically assigned to a grievance directly affecting an employee or employees it by the notice to arbitrate specified in Step No. of Article hereof. Each party hereto shall bear its own costs of, and that incidental to, such arbitration proceedings. The fees and charges of the regular grievance procedure shall not be thereby bypassed. No adjustment under chair to the Grievance Procedure or Board of Arbitration Procedure shall be made retroactive prior to borne equally by the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or dischargeparties hereto. The Either party shall have the right to be present require the attendance of the at all meetings held to resolve or discuss grievancethe Arbitration hearing. It is agreed and understood that all The time limits in and other procedural requirements of this grievance procedure are mandatory. Any grievance not appealed from one step of the grievance procedure to the next within the specified time limit shall be deemed to be abandoned. If a respondent party fails to reply to a grievance within the designated time, the party having carriage of the grievance shall move to the next step of the grievance procedure. No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the grievance procedure within the time limits specified. The mandatory provisions of this grievance procedure may only be modified by the written agreement of the parties. A settlement reached at any stage of the grievance procedure shall be adhered to except where they are extended by mutual agreement.final and binding upon both parties and the
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing within five (5) working days following presentation of the grievance to then within five (5) working days after the decision is given: STEP NO. The Union Grievance Committee may present the alleged grievance in writing to the City Manager or Chief Administrative his appointee. A meeting will be held within ten prior to noon of the third (103) following working days day between the City Manager Chief Administrative Officer or his appointee and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that the City Manager Chief Administrative or his appointee shall have such counsel and assistance as he may desire at any meeting of with the Grievance Committee. Failing settlement, the decision of the City Manager Chief Administrative Officer or his appointee shall be delivered to the Union in writing within ten prior to noon on the third (1O3) following working days after the meeting takes placeday. In the event that there is no immediate intermediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to No Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30fourteen 4) calendar working days from receipt of the written decision under Step Replies to grievances Grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure (including the three (3) day period in Section within which the employee may except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreement.discuss
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing within five (5) working days following presentation of the grievance to then within five (5) Within two working days after the Coor- dinator has delivered his written decision to the Zone Xxxxxxx and the Chief Xxxxxxx, the following procedure will be followed: The grievance shall be considered at a meet- ing of the Union Grievance Committee and if unresolved, shall be taken up at a meeting between the Zone Xxxxxxx and the with the Department Manager, the Co-ordinator. If the Grievance is givennot settled within working days, or within any longer period which may be mutually agreed upon at the time, after the Grievance Committee has met with the Management, then the Xxxx- xxxxx shall be taken up as follows: STEP NO. The A meeting shall be held between the Xxxx- xxxxx Committee and the Plant Manager the Operations Services Manufacturing Manager, Human Resources Manager, an Department Manager. At this meeting the Business Agent of the Union or his nominee may be present if his presence is requested by either the Compa- ny or the Union. If the grievance is not there settled to the satisfaction of both parties within a period of two (2) working days or within any longer period as may be mutual- ly arranged at the time, then at the request of either party to this agreement the xxxx- xxxxx may be referred to arbitration. All times as set out in the Grievance Committee Procedure and Arbitration may present be extended by mutual agreement between the alleged grievance Company and the Union, in writing. If arbitration is to be invoked, the request for arbitration must be made in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between after the City Manager xxxx- xxxxx has been dealt with in Step No. When either party requests that a grievance submitted to arbitration they shall make such requests in writing addressed to the to by other party to this agreement. Within ten working days the party who initiated the grievance shall submit a letter to the other party the name and ad- dress of its nominee to arbitration hoard. With five (5) working days thereafter the other shall respond in a letter giving the and address of its nominee to the arbitration board. two arbitrators so nominated shall within working days, and if within working days they fail the grievance. they shall attempt to Chairman of an Arbi- tration Hoard. If they are unable to agree upon such a within further peri- od of YO days they then request the Minister of for the Province of Ontario to assist them in selecting an impar- tial No person may be appointed as an xxx who has involved in an attempt to negotiate or appointee settle the grievance. of the parties hereto will bear the ex- penses of the appointed by it, and the Union Grievance Committee. A Staff Representative parties will jointly hear the expenses of the Union Chairman of the Board, if any No be submitted to arbitration has not been properly carried through previous steps of the grievance proce- dure. The Arbitration Board shall not he author- ized to make any decision inconsistent with the provisions of this agreement nor to alter, modify or amend any part of this agreement. When a grievance which affects an employ- ee's pay is settled, the settlement may be present at made retroactive for a period as agreed to by the request conferring parties or by a majority deci- sion of a Board of Arbitration, but in no case will the settlement be made retroactive for a period greater than two months prior to the last date on which the grievance was pre- sented in writing to the Company. The proceedings of the Union. It is understood that Arbitration Board will be expedited by the City Manager or appointee shall have such counsel parties hereto, and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. majority of such Board will be omitted final and binding upon the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step Noparties hereto. to Step No. Failing settlement and if At any stage of the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt procedure in- cluding arbitration, the conferring parties may have the assistance of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees concerned and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall any necessary wit- nesses, and all reasonable arrangements will be made retroactive prior to permit the conferring parties to have access to the date plant to view disputed operations and to confer with the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreementnecessary witnesses.
Appears in 1 contract
Samples: negotheque.travail.gc.ca
Step No. The aggrieved employee who may request or alternate must submit the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing within five (5) working days following presentation of the grievance to then within five (5) working days after the decision is given: STEP NO. The Union Grievance Committee may present the alleged grievance in writing to the City Manager of Plant Operations or appointeeManager of Plant Maintenance and Construction who shall consider it in the presence of the aggrieved employee and/or the Grievance and the Supervisor and render a decision in writing. A meeting will Grievance Committee shall be held present at this stage. Should no satisfactory to the employee be reached within ten (10) five working days, the next step in the grievance procedure may be taken at any time within five working days between thereafter. The aggrieved employee or alternate shall submit the City grievance in writing to the Superintendent of and Educational Resources. The Grievance shall be present at this stage. aggrieved employee's supervisor and/or the Manager of Plant Operations or appointee Manager of Plant and the Union Grievance Committee. A Staff Representative of the Union Construction may be present at if required by the Superintendent of Human and Educational Resources designate. If a final settlement of the grievance under hereof is not completed within ten working days after deliberations have commenced, the grievance may be referred by either party to Arbitration as provided in ARTICLE hereof. In the event of the reinstatement, through the grievance procedure, of an employee who has been suspended or discharged, such employee shall be reinstated to the employee's former position without loss of seniority and shall receive the regular salary, premium, pay and Board paid benefits, but shall not receive overtime or pay for the period of suspension or discharge. ARTICLE Both parties to this Agreement agree that any dispute or grievance con- cerning the interpretation or alleged violation of this Agreement which has been properly carried through all the steps of the grievance procedure outlined in ARTICLE VI, and which has not been settled, may be referred to a Board of Arbitration and where both parties agree, a single Arbitrator may be substituted for an Arbitra- tion Board. In the case of a single Arbitrator, the parties shall endeavour to agree on the selection of an Arbitrator, and in the event that they fail to do so, the of Labour will be asked to nominate an Arbitrator in accordance with the provision in The Board of Arbitration will be of one person appointed by the Employer, one person appointed by the Association and a third person to act as Chairperson, chosen by the other two members of the Board. Within five working days of the request by either party for a Board, each party shall notify the other of the Unionof the appointee. Should the person chosen by the to act on the Board and the person chosen by the Association fail to agree on a third person within seven days of the notifi- cation mentioned in the Minister of Labour for the Province of Ontario will be asked to appoint a Chairperson forthwith. The decision of a Board of Arbitra- tion, or a majority thereof, constituted in the above manner, shall be final and binding on both parties. If there is no majority decision, then the decision of the Chairperson shall govern. The Board of Arbitration shall not have any to alter or any of the provisions of this Agree- ment or to substitute any new pro- visions for any existing provisions. Each of the parties to this Agree- ment will bear the expenses of the Arbitrator appointed by it and of its witnesses; and the parties will jointly bear the expenses of the Chairperson. No person shall be selected as Arbitrator who has been directly involved in attempts to negotiate or settle the grievance. The Association agrees that, during the term of this Agreement, there will be no strike, picketing, slowdown or stoppage of work, and the Employer agrees that there will be no lockout. "Strike" and "lockout" shall be as defined in the Relations Act. The Employer shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, picketing, stoppage or slowdown. It is understood that the City Manager or appointee shall have such counsel and assistance as Employer may desire bring forward, at any meeting of held with the Association Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out any complaint with respect to conduct of the Association, its officers or members, or any com- plaint that Step shall appropriately apply. It a contractual obli- gation undertaken by the Association has been violated, and that, if such complaint by the Employer is further agreed that not settled to the Union mutual satisfacton of the conferring parties, it may act on behalf be treated as a grievance and referred to arbitration in the same way as the grievance of an employee who is unable employee. Should any difference arise between the Employer and the Association as to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that interpretation or alleged violation of the provisions of this section may not be used with respect to a grievance directly Agreement affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under Association as such, the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The Association shall have the right to bring forward, at any meeting held with the under the grievance procedure, any such complaint. If such complaint is not .settled to the satisfaction of the conferring parties, it may be present at all meetings held treated as a grievance and referred to resolve or discuss grievance. It is agreed and understood that all time limits arbitration in the same way as the grievance procedure of an employee. No such grievance shall be adhered filed with respect to except where they are extended the same subject matter that is already the subject of a grievance filed an under ARTICLE VI, nor shall any grievance be filed by mutual agreement.an with respect to the same subject matter that is already the subject of a grievance filed by the Association under this
Appears in 1 contract
Samples: negotech.labour.gc.ca
Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing within five (5) working days following presentation of the grievance to then within Within five (5) working days after the decision is given: STEP NOgiven at Step No. The Union Grievance Committee may present the alleged grievance in writing to aggrieved employee, accompanied by the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union may be present at the request representative of the Union, shall meet as promptly as possible with the Chief Executive Officer and such persons as Management may desire, to consider the grievance. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the The Chief Executive Officer will render his decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after following such meeting. If final settlement of the meeting takes place. In the event that there grievance is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, not reached at Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, then the grievance may be referred in writing by either party to proceed to arbitration such grievance shall be submitted to arbitration Arbitration as provided in Article below at any time within thirty fifteen (3015) calendar days from receipt of after the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated given under Step No. and If no such written request for Arbitration is received within the time limit set out with respect to that Step limits, then it shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date abandoned. A Union policy grievance, which is defined as an alleged violation of this Agreement concerning all or a substantial number of the employees in the bargaining unit, in regard to which an individual employee could not grieve, may be lodged by the Union in writing with the President and CEO at Step No. of the grievance procedure at any time within five (5) full working days after the circumstances giving rise to such suspension grievance occurred or dischargeoriginated, and if it is not satisfactorily settled it may be processed to Step No. and to arbitration in the same manner and to the same extent as the grievance of an employee. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits fixed in the grievance procedure may be extended with the consent of the parties of this Agreement. Union or stewards will be allowed to process grievances on Corporation time with no loss of pay to the extent outlined in Article Clause Article Arbitration Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article above, and which has not been settled, will upon the written request of either of the parties hereto, be referred to a Board of Arbitration or Single Arbitrator. The Board of Arbitration will be composed of one (I) person appointed by the Corporation, one (1) person appointed by the Union and a third person to act as Chairman chosen by the other two (2) members of the Board. Within three (3) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee. Should the person chosen by the Corporation to act on the Board, and the person chosen by the Union, fail to agree on a third person within seven (7) days of the notification mentioned in above, the Federal Minister of Labour will be asked to nominate a person to act as Chairman. A Single Arbitrator will be chosen in accordance with the Canada Labour Code. The decision of a Single Arbitrator or Board of Arbitration, or a majority thereof, constituted in the above manner shall be adhered binding on both parties. The Single Arbitrator or Board of Arbitration shall not have any power to except where they are extended alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will bear the expenses of the Arbitrator appointed by mutual agreement.it; and the parties will jointly bear the expenses, if any, of the Chairman, or Single Arbitrator. Article Suspension or A claim by an employee who has completed the probationary period that she has been discharged or disciplined without cause shall be treated as a grievance if a written statement of such grievance is lodged with the General Manager within three (3) full working days after the employee has been discharged or disciplined. Such special grievance may be settled by:
Appears in 1 contract
Samples: Agreement
Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlementfifteen (15) days thereafter, the Department Head other party shall deliver decision also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman of the Board. If agreement cannot be reached in writing respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within five (5) working days following presentation the time limits set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to then within five (5) working days after the decision is given: STEP NOHuman Resources Department. The Union Grievance Committee Business Representative and the Company Regional manager may present by mutual agreement have a Step Meeting to discuss the alleged grievance in writing to termination during the City Manager or appointee. A meeting will be held within ten (10) working days day period. Any agreement reached between the City Manager or appointee Company and the Union Grievance Committeeto resolve a grievance shall be binding on both parties and upon any employee involved. A Staff Representative The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the Union may issues involved. In reaching its decisions, the Arbitration Board shall be present at governed by the request provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the UnionBoard of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting intention of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this section Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreementdenied.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the assistance of Xxxxxxx, may present alleged grievance by giving notice in writing to Department Head; failing settlementthe other party within ten (10) days from delivery of the decision at Step to the chairman of the plant grievance committee, but not thereafter. If a request for arbitration is not so given within such ten (10) day period, the Department Head decision at Step shall deliver decision in writing be final and binding on the Company, the Union, and any employee involved. The notice to arbitrate shall contain the name and address of the moving party’s nominee to the Board, and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board, and the remedy sought. The party giving such notice shall be bound by the same and shall be restricted at arbitration to the issues presented by the notice. The recipient of the notice shall within five (5) working days following presentation advise the other party, in writing, of the grievance name of its appointee to then the arbitration board. The two appointees so selected shall, within five (5) working days after of the appointment of the second of them, appoint a third person who shall be chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman, within the time limited, the Minister of Labour for Ontario shall, if requested within five (5 )days from the expiry of the date upon which the two appointees are to appoint a chair- man (but not thereafter), forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the mat- ter and shall issue a decision which shall be final and binding upon the parties, and upon any employee affected by it. The decision of the majority shall be the decision is given: STEP NO. The Union Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It arbitration board, but if there is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlementno majority decision, the decision of the City Manager or appointee chairman shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreementgovern.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may request If the assistance of Xxxxxxxmatter is not settled, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing within five (5) working days following presentation of the grievance to then within five (5) working days after of the decision is given: STEP NOExecutive Director's reply, a Union Representative may request a meeting with the Executive Director. The Union Grievance Committee may present In such case the alleged grievance in writing to the City Manager or appointee. A meeting will shall be held within ten (10) working days between the City Manager or appointee and Executive Director, a Union Representativeand the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance Xxxxxxx as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within soon as practicably possible but not later than ten (1O) working days after the Executive Director receives notification the Union that the meeting takes placeis desired. In If the event that there matter is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same personnot disposed of at such a meeting, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is Union wishes to proceed to arbitration, the Union shall, within ten (10) working days of the date of such meeting but not thereafter, deliver to the Company a notice in writing stating that it wishes to take the matter to arbitration. The Notice to Arbitrate shall contain the name and address of the Union's Proposed Arbitrators and the remedies sought. Thereafter the parties shall confer to select an agreeable arbitrator. The Employer and the Union, recognizing the benefit of proper and timely disclosure prior to arbitration such grievance hearings, agree that neither party shall be submitted entitled to arbitration within thirty (30) calendar days from receipt raise a preliminary objection for the purpose of disposing of all or part of a grievance without a hearing on the merits unless the other party was provided with notice of the written decision under objectionwithin ten (1O) days of the delivery of the Notice to Arbitrate referred to in Articles and above. Without limiting the generality of the foregoing, examples of such preliminary objections include a timeliness objection by the Employer or an objection related to lack of Union representation by the Union. When a dispute involving a question of general applicationor interpretation occurs, or when the Union or the Employer has a grievance, Step Replies to of this Article may be and such grievances stating reasons shall be in writing at all stagesknown as "policy grievances". It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular The policy grievance procedure shall not be thereby bypassedused for processing individual grievances. No adjustment under When two or more employees wish to file a grievance arising from the Grievance Procedure or Arbitration Procedure same incident, such grievance may be handled as a "group grievance"and shall be made retroactive prior to subjectto the date the normal grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreementprocedure.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing within Within five (5) full working days following presentation the decision under Step grievance shall be submitted a part of the grievance to then within five (5) working days after the decision is given: STEP NO. The Union Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A for a meeting will be held within ten (10) working days between the City Manager or appointee Company's representatives and members of the Union Grievance Committeenot exceeding five in number. A Staff An International Representative of the Union may be present at the request such meeting. The decision of the Unionrepresentatives shall be given in writing within five full working days of the said meeting. It is understood that Failing of difference between the City Manager or appointee shall have such counsel and assistance as may desire at any meeting parties under Step of the Grievance Committee. Failing settlementProcedure arising from the interpretation, the decision application, administration or alleged violation of the City Manager this Agreement, including any question as to whether a matter is arbitrable, such difference or appointee shall question may be delivered taken to the Union arbitration as provided in writing Article If no written request for arbitration is received within ten (1O) working days after the meeting takes place. In final decision under the event that there Grievance is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same persongiven, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance it shall be submitted deemed to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stageshave been settled or abandoned. It is agreed that a grievance Any difference arising directly between the Corporation Company and the Union may be submitted by either party at Step No. of the Grievance Procedure and time limits provided thereby shall appropriately apply to both parties. The aggrieved employee may be originated present during each step of the Grievance Procedure and at Arbitration. When a group of employees has a complaint or grievance it shall first be taken up under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union they may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at be represented by the appropriate StepXxxxxxx and not more than two employees. It is understood, however, that the provisions of this section may not be used with respect to Any adjustment arising under a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under settlement through the Grievance Procedure or under a decision of an Arbitration Procedure Board shall not be made retroactive prior to the date the grievance was formally discussed or matter is first presented to the Corporation under the Grievance Procedure Procedure, except as to improper classific- ation or bookkeeping error involving an employee's wages earnings. All decisions arrived at, between representatives of the Company and the representatives of the Union, at any grievance regarding discharge step of the written Grievance Procedure, shall be final and binding on the Company, the Union and the employee or suspension without pay will be deemed to have been filed on date of such suspension or dischargeemployees concerned. The Company shall have the right submit a written reply to be present at all meetings held to resolve or discuss each written grievance. It is agreed and understood that all Failure of the Union or employees to comply with the time limits in Step and above, shall be considered as acceptance of the last answer given, thus disposing of the grievance. Failure of the Company to comply with the time limits provided in Steps and above shall be considered as refusal of the request involved in the grievance and appeal to the next step in the grievance procedure may be taken. When either party desires additional time within which to properly process a grievance, additional time within reasonable limits shall be adhered granted by the other party upon written request. At any step in this grievance procedure, the Executive Board of the Local Union shall have the final authority in respect to except where they are extended any aggrieved employee covered by mutual agreement.this Agreement, to decline to process a grievance, complaint, difficulty or dispute further if, in the judgement of the Executive Board, such grievance or dispute lacks merit or lacks justification under the terms of this Agreement, or has been adjusted or justified under the terms of this Agreement to the satisfaction of the Executive Board. Once the aggrieved employee has been notified either by their xxxxxxx or the Union Business Representative that their grievance is being dropped because of lack of merit, the aggrieved employee has fifteen calendar days to appeal that decision by sending a letter to the Union President requesting to appear before the Union Executive Board. Notwithstanding anything contained in this Agreement, the provisions of this Article and the provisions of Article of this Agreement do not apply to probationary employees, nor shall the provisions of this Article or the provisions of Article of this Agreement be available to the Union on behalf of any probationary employee. ARTICLE
Appears in 1 contract
Samples: Agreement
Step No. The employee who If Management's decision at Step No. is not satisfactory, then the grievance may request be referred to arbitration as herein provided. Management shall give its decision to the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing Plant Committee within five (5) working days following presentation of the grievance to then within five (5) working days after the decision is given: STEP NOmeeting at Step No. The Union Business representative shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee may present shall be composed of two (2) persons, one (1) of whom shall be a Manager by the alleged grievance in writing to Company, and one (1) Teamster Union Official who shall be selected by the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Local Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Unionconcerned. It is understood that the City Company will not select a Manager or from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee shall have such counsel and assistance as may desire at any meeting of to the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure The Grievance Committee shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to resolve give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or discuss grievanceset aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. It is agreed and understood that all Any time limits mentioned in the grievance procedure shall this Article may be adhered to except where they are extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlementWithin fifteen (15) days thereafter, the Department Head other party shall deliver decision nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member. The third member shall act as Chairman of the Board. If agreement cannot be reached in writing respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the grieving party may ask the appropriate Government Agency to make the appointment. If the party filing a grievance does not process it from one Step to the next within five (5) working days following presentation the time limits set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance to then within five (5) working days after Procedure, except in the decision is given: STEP NO. The Union Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative case of the Union may be present at the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of terminations where the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Procedure will commence at Step No. will be omitted and the written such grievance will be submitted directly to the Department Head at Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten day period. Any agreement reached between the Company and if not settled, will proceed from Step No. the Union to Step No. Failing settlement and if the grievance is to proceed to arbitration such resolve a grievance shall be submitted binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to arbitration within thirty (30) calendar days from receipt its determination of the written decision under Step Replies to grievances stating reasons issues involved. In reaching its decisions, the Arbitration Board shall be in writing at governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all stagesarbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is agreed that a grievance arising directly between the Corporation and intention of the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this section Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreementdenied.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlementWithin fifteen days thereafter, the Department Head other party shall deliver decision also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member. The third member shall act as Chairman of the Board. If agreement cannot be reached in writing respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropri- ate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the grieving party may ask the appropriate Gov- ernment Agency to make the appointment. If the party filing a grievance does not process it from one Step to the next within five (5) working days following presentation the time limits set out above, then the grievance will be considered to have been dropped by the party institutingthe grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of terminations where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to then within five (5) working days after the decision is given: STEP NO. Vice President, Operations Department, The Union Grievance Committee Business Representative and the Company Regional manager may present by mutual agreement have a Step Meeting to discuss the alleged grievance in writing to termination during the City Manager or appointee. A meeting will be held within ten (10) working days day period. Any agreement reached between the City Manager or appointee Company and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such resolve a grievance shall be submitted binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the par- ties such other evidence as is relevant to arbitration within thirty (30) calendar days from receipt its determination of the written decision under Step Replies to grievances stating reasons issues involved. In reaching its decisions, the Arbi- tration Board shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that governed by the provisions of this section may not be used with respect Agreement, and shall have no authority to a grievance directly affecting an employee alter, amend, or employees change the provisions of this Agreement. The findings and that decisions of the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure Board of Arbitra- tion on all arbitrable questions shall be made retroactive prior binding and enforce- able on the parties and the employees. I The expense of the Chairman of the Board shall be borne equally by the parties to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievanceArbitration. It is agreed and understood the intention of the parties that all time limits the provisions the Article shall provide a method of adjusting grievances so that there shall be no suspension or interrup- tion of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust griev- ances in accordance with the provisions in this Article. When an employee has given twelve (12) consecu- tive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. Suspen- sions of five (5)days or more shall remain for eighteen (18) months, as described above. The Employer will, upon writ- ten request by the employee, provide the employees' home store with a complete copy of their personnel file which may be viewed in the grievance procedure shall be adhered presence of the Store Manager. The Union acknowledges that the stewards have their regular duties to except where they are extended by mutual agreementperform and that such persons will not leave their regular duties without receiving permission from the Store Manager or appointee, which permission will unreasonably withheld. The Company will compensate such Xxxxxxx at their regular straight time hourly rate for time spent servicing complaints grievances hereunder during their regular working hours within the store.
Appears in 1 contract
Samples: Agreement
Step No. The employee who may request Failingsettlement of any grievance under the assistance foregoing procedure arising from the interpretation, application, administration or alleged violation of Xxxxxxxthe Agreement, may present alleged grievance in writing including any question as to Department Head; failing settlementwhether a matter is arbitrable, the Department Head shall deliver decision in writing grievance may be referred to Arbitration by either Party. If no written request for Arbitration is received within five (5) ten working days following presentation of the grievance to then within five (5) working for Full-time or calendar days for time units after the decision is given: STEP NO. The Union Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that representatives of the Home, will be final and binding upon the Home, the Union may act on behalf of an employee who is unable and the employees. Any time limits referred to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under in the Grievance Procedure or Arbitration Procedure or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be made retroactive prior calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full- time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to the date the grievance was formally discussed or presented to the Corporation under writing and entered into the Grievance Procedure except as to bookkeeping error involving an employee's wages and any in accordance with Article If the matter of the policy grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and not satisfactorily settled, it is understood that all time limits in it may be carried through the balance of the grievance procedure shall procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be adhered processed as a group grievance providing the parties to except where they are extended by mutual agreement.this agreement agree on a group grievance process at Step ARTICLE ARBITRATION
Appears in 1 contract
Samples: Collective Agreement
Step No. The If the supervisor does not settle the matter to the satisfaction of the employee who within five working days after the grievance has been submitted to him under the provisions of Step No. hereof, the employee and Xxxxxxx may request take up the assistance of Xxxxxxx, may present alleged matter directlywith the Superintendent. STEP NO. If a settlement satisfactory to the employee is not obtained within five working days after the matter has been discussed with the Superintendent in accordance with Step No. the Xxxxxxx shall submit the grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing within five (5) working days following presentation of Union Grievance Committee with a copy to the grievance to then within five (5) working days after the decision is given: STEP NOCompany. The Union Grievance Committee may present will then meet to discuss grievance with the alleged grievance in writing Company no later than ten calendar days following the date of the Company response to the City Manager or appointeeStep No. meeting. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative staff representative of the Union may shall be present at the request of either the Company or the Union. All decisions arrived at by agreement between the representative, or representatives of the Company, and the Union Grievance Committee with respect to grievances, shall be made in writing, and shall be and binding upon the Company and the Union. It is understood that no grievance be considered where the City Manager circumstances giving rise to it occurred or appointee shall have such counsel and assistance as may desire at any meeting originated more than five calendar days before the filing of the Grievance Committeegrievance. Failing settlementThe discharge of an employee may be submitted as a grievance under Step No. provided it is filed within five calendar days of the date of discharge. When either party to the Agreement requests that a grievance be submitted for Arbitration, they shall make such request in writing within twenty calendar days following the date of the Company’s answer to the 3rd step of the grievance procedure, addressed to the other party to the Agreement. The arbitration procedure incorporated in the Agreement shall be based on the use of a single Arbitrator. When either party refers a grievance to arbitration, they shall propose three acceptable Arbitrators. If none of the three (3) proposed Arbitrators are acceptable to the other party, they shall propose three Arbitrators. If an acceptable Arbitrator is not agreed upon within five calendar days, the parties may submit more proposed Arbitrators or request the Ministry of Labour to appoint an Arbitrator. The decision of the City Manager Arbitrator on the matter at issue will be final and binding on both parties, but in no event the Arbitrator have the power to add to, subtract from, alter or appointee amend this Agreement in any respect. However, where an Arbitrator determines that an employee has been discharged or otherwise disciplined by an employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the Arbitrator may substitute such other penalty for the discharge or discipline as to the Arbitrator seems just and reasonable on all circumstances. Each shall pay its own costs and the fees and expenses of witnesses called by it and its representatives, The fees and expenses of the Arbitrator shall be delivered shared equally between the parties. At any stage of the grievance procedure including arbitration, the conferring parties may have the assistance of the employees concerned and any necessary witnesses and employees attendance and discipline records, if authorized by the employee. All reasonable arrangements will be made to permit conferring or the Arbitrator, to have access to the plant to view the disputed operation and confer with necessary witnesses. An employee who has been continuously employed for less than five years shall receive vacation pay according to the Employment Standards Act (Ontario). An employee who has been continuously employed by the Company for five years or more will receive three weeks vacation with pay at the rate of six percent of their earnings for the period between July 1st of the previous calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked three weeks pay at the employees regular straight time hourly rate, whichever is greater. An employee who has been continuously employed by the Company for twelve years or more shall receive four (4) weeks vacation with pay at the rate of eight percent of their earnings for the period between July 1st of the previous calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked four weeks pay at the employees regular straight time hourly rate, whichever is greater. If an employee terminates his employment with the Company, he shall be paid the amount of his accrued vacation pay. It is understood and mutually agreed between the Company and the Union in writing within ten (1O) working days after that the meeting takes placevacation period shall be between July 1st and September 1st of each year, but no more than two employees to be away from each operation at any one time. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor of a dispute over bidding for vacations, seniority shall prevail. An employee who has been continuously employed by the Company for twenty-two (22) years or more shall receive five (5) weeks vacation with pay at the rate of ten percent of their earnings for the period between July 1st of the calendar year and Department Head are one and June 30th of the same personcurrent calendar year, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and or if the grievance employee has a minimum of twelve hundred (1,200) hours worked weeks pay at the employees regular straight time hourly rate, whichever is greater. At all times, the Company reserves the right to proceed limit vacations to arbitration such grievance two consecutive weeks and no more than two employees to be away from each operation at any one time. Any vacation longer than two weeks, requires a minimum of sixty days notice. ARTICLE UNION It is agreed by the parties that as a condition of employment, after thirty calendar days, all employees of the Company shall be submitted required to arbitration within authorize the Company, in writing, to deduct the employee’s weekly pay, Union dues and initiation fee as prescribed by the constitution of the Union. Union dues shall be deducted from the employees on the first pay day of the month thirty (30) calendar days of employment. The Company shall deduct Union dues from receipt of the written decision under Step Replies said employees, and promptly remit same to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step Notogether with a list ‘of employees whose dues are being so deducted, with a copy to the President. and The employee may authorize the time limit set out with respect Company to that Step shall appropriately applydeduct from his pay, contributions toward the Steel Workers Humanity Fund. It is further agreed that the Union may act on behalf of an The Company agrees to match any employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect contribution up to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not maximum of twenty-one (21) dollars per year. The Company will be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except informed as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay where their contribution will be deemed to have been filed on date of such suspension or discharge. The shall going and have the right to be present veto any charity they do not approve. The employee may cancel his contributions upon submitting a written request at all meetings held which the Company’scontribution for that employee is also cancelled. The Union agrees to resolve defend, indemnify and hold the Company harmless against any claim or discuss grievance. It is agreed and understood that all time limits in liability from the grievance procedure shall be adhered to except where they are extended by mutual agreementadministration of Article of this Agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head Xxxxxxx shall deliver decision in writing to the Director, Security Services or his designate, a copy of the written grievance referred to under the heading Step No. A grievance with respect to discharge shall be delivered to the aforesaid officer within five (5) working days following presentation of the grievance to then within five discharge grieved. Within seven (57) working days after the decision is given: STEP NO. The Union Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written grievance by the Director, Security Services or his designate, or within such longer period as the Employer and the Union may agree on, a joint composed of three ( 3 ) Union representatives designated by the Union, along with the Employer representatives, shall meet and attempt to settle the grievance. Should the grievance not be settled by the said joint within seven (7) days of its first or within such longer period as the Employer and the Union may agree on, and if it one which concerns the interpretation, application, administration violation of this Agreement, then Article may be Grievance Mediation Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer’s decision under has been rendered at Step Replies No. of the grievance procedure. Where the matter is so referred, the Mediation process shall take place before the matter is referred to grievances stating reasons Arbitration. Grievance Mediation will within twenty-one days of the grievance being submitted to Mediation. The Grievance Mediation process is without prejudice to any position either party may take should the matter be referred to Arbitration. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The Mediator will be from Independent Mediation Services and must be able to the grievance mediation within the time set out in unless the parties mutually agree to extend the time periods for such Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in writing at all stagesadvance of the Grievance Mediation Conference. It The Mediator will have the authority to meet separately with any but will not have the authority to compel the resolution of a grievance. If no settlement is agreed reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with Article In the event that a grievance arising directly between which has been mediated subsequently proceeds to arbitration, no person serving as the Corporation Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. The Union and the Union shall Employer will share the cost, if any, of the Mediator. Notwithstanding Article Saturdays, Sundays and holidays are to be originated under Step No. and counted in the time limit set out with respect to that Step shall appropriately applylimits for grievance mediation. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreement.OS Arbitration
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing Failing settlement under Step No. and within five (5) working then days following presentation the decision under Step No. of any difference between the parties arising from the interpretation, application, administration or alleged violation of the grievance Agreement, including any question as to then whether a matter is arbitrable, such difference or question be taken to arbitration, provided in Article If no written request for arbitration is received within five (5) working ten days after the decision in Step No. is given: STEP NO, it shall be deemed to have been settled or abandoned. The Union Saturdays, Sundays, and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of the steps of the Grievance Committee Procedure or under Article Any and all time limits fixed by this Article Article may present the alleged grievance in writing to the City Manager or appointee. A meeting will at any time be held within ten (10) working days extended by agreement between the City Manager or appointee Company and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that All decisions arrived at between the City Manager or appointee shall have such counsel and assistance as may desire at any meeting representatives of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation Company and the Union shall be originated under Step No. final and binding upon the Company, the Union and the employee or employees concerned. ARTICLE ARBITRATION Whenever either party to the Agreement submits a grievance to arbitration, written notice shall be given to the other party formally stating the subject of the grievance and the Agreement clause allegedly violated, and at the same time limit set out with respect appointing a to that Step the board of arbitration. Within seven days after the receipt of such notice, the other party shall appropriately applyappoint a nominee. It The nominees shall, within five days, appoint a third person who shall be Chairperson of the Arbitration Board. If either party requests, and it is further agreed that mutually agreed, a single Arbitrator may be used. If the Union may act on behalf two nominees or the parties fail to agree upon a Chairperson or single Arbitrator within the time limit, The Minister of Labour will be requested to appoint Chairperson or Arbitrator. As soon as the Arbitration Board has been completed by the selection of a Chairperson or the selection of an employee Arbitrator, it shall meet and hear the evidence and representations of both parties, and shall render a decision as soon as possible. In matters of discipline or discharge the parties agree to the use of a single Arbitrator. No person shall be selected as an arbitrator who is unable to file a proper has been directly involved in attempts negotiate or settle the grievance. No grievance initiating shall be considered by the Arbitration Board or Arbitrator unless it has been properly carried through all previous steps of the grievance at the appropriate Stepprocedure. It is understood, however, that The Arbitration Board or Arbitrator shall not have jurisdiction to alter or change any of the provisions of this section Agreement, or to substitute any new provisions in lieu thereof, or to give any decisions inconsistent with the terms and provisions of this Agreement, or to deal with any matters not covered by the Agreement. In the case of a successful grievance involving the suspension or discharge of an employee, the Arbitration Board or Arbitrator shall be empowered to award full or partial reimbursement, or other adjustment that may not be used with respect to a grievance directly affecting an employee or employees deemed fair and that the regular grievance procedure shall not be thereby bypassed. No adjustment reasonable under the Grievance Procedure circumstances. ARTICLE ARBITRATION Each of the parties hereto will bear the expenses of the nominee appointed by it, and the parties will jointly bear the expenses of the Chairperson of the Arbitration Board or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreementArbitrator, if any.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who Failing a satisfactory settlement of the dispute under step the Employee concerned may request submit his or her grievance to the President or his or her designated representative at a meeting arranged for this purpose, at a time mutually convenient. It is further understood that an Employee may have the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlementa xxxxxxx and a representative of the Union at such meeting if such representation is requested by either party. At the request of either party, the Department Head griever shall deliver decision in writing be present at this meeting. A written reply to the grievance will be given. If final settlement of the dispute is not reached within five (5) working days following presentation the day upon which step is commenced or within such additional time as may be mutually agreed upon, then the grievance any be referred to a Board of Arbitration as herein provided. Any grievance not submitted within the time limits nor advanced by the grieving party within the time limits provided for in each step of the grievance procedure shall be deemed to then have been dropped. Where no answer is given within five (5) working days after the decision is given: STEP NOtime limits specified in the grievance procedure, the grieving party shall be entitled to submit the grievance to the next step of the grievance procedure. The Union Grievance Committee may present the alleged grievance in writing time limits referred to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union herein may be present extended at the request of either party if mutually agreed upon by the Unionparties and reduced to writing. Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party's appointee to an arbitration board. Either the Employer or the Local Union shall have the right to file a grievance regarding interpretation, application or administration of this agreement at step of the grievance procedure. It is understood that in the City Manager or appointee shall have such counsel and assistance as may desire at any meeting case of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act filed on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of Employer under this section may not be used with respect to a grievance directly affecting an employee or employees and that complaint of the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior Employer as to the date conduct of the grievance was formally discussed Union, its officers or presented committee members or members that if such complaint is not settled to the Corporation under mutual satisfaction of the Grievance Procedure except parties, it may be treated as a grievance and referred directly to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits arbitration in the grievance procedure shall be adhered to except where they are extended by mutual agreementsame way as set out in section herein.
Appears in 1 contract
Samples: Collective Agreement
Step No. If the written reply is not satisfactory to the Union, then there shall be a meeting within five (5) days of receipt of the written reply. The employee who may request meeting will include the assistance a Union committee, a full-time representative of Xxxxxxxthe Union, may present alleged grievance in writing to Department Head; failing settlementif requested by either party, the Department Head supervisor and the Chief Executive Officer or designate. A written decision shall deliver decision in writing be given to the within five (5) working days following presentation of this meeting. If this decision does not resolve the grievance to then any request for arbitration must be made within five (5) working days after following receipt of the written decision by the No matter may proceed to arbitration without being properly carried through the steps of the grievance procedure as outlined above. Any grievance alleging unjust discharge or suspension shall be treated as a special grievance if it is given: STEP NO. The Union Grievance Committee may present the alleged grievance placed in writing writing, dated and signed and presented directly to the City Manager Chief Executive Officer or appointee. A meeting will be held designate within ten three (103) working days of the occurrence at Step of the grievance procedure. The matter shall proceed from there, including arbitration if necessary. COLLECTIVE AGREEMENT Toronto Zoo Local 7600-Main Page Any of the time limits set out above may be extended by mutual agreement between the City Manager or appointee and the Union Grievance Committeeparties involved. A Staff Representative For purposes of this article, working days shall be Monday to Friday inclusive. Copies of all written replies Management related to any step of the Union may grievance procedure, shall be present at forwarded to the request Secretary of the Union. A copy will also be sent to the Chief Shop Xxxxxxx. It is understood by both the Union and Management that they may mutually agree to refer a grievance to mediation prior to proceeding to arbitration. It is understood that the City Manager costs of the mediation will be on an equal cost-sharing basis. Where a difference arises between the parties relating to the interpretation, application or appointee administration of this Collective Agreement, including any question as to whether a matter is arbitrable, or when an allegation is made that this Collective Agreement has been violated, either of the parties may, after exhausting the grievance procedure, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall have such counsel and assistance contain the name of the first party's suggestion for an arbitrator. The recipient of the notice shall, within five (5) days inform the other party of the name of its suggestion of an arbitrator. Either party may request the Ministry of Labour for Ontario to appoint an arbitrator under Section of the Labour Relations Act of Ontario, or other sections of the Act as may desire at be applicable from time-to-time, in order to expedite the settlement of any meeting grievance. If the recipient of the Grievance Committee. Failing settlementnotice fails to suggest an arbitrator or if the parties fail to agree upon an arbitrator within the five (5) day limit, the appointment of an arbitrator shall be made by the Ministry of Labour for Ontario upon the request of either party. The arbitrator shall hear and determine the difference or allegation and shall issue a decision which shall be final and binding upon the parties affected by it. If either party requests that a board of arbitration be used instead of an arbitrator, then a board shall be set up. The payment of and powers of an arbitrator or a board of arbitration shall be as outlined in the Ontario Labour Relations Act, The decision of the City Manager arbitrator or appointee the board of arbitration shall be delivered to final binding and enforceable on all parties. The board of arbitration or the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure arbitrator shall not be thereby bypassedhave the power to change this agreement or to alter, modify or amend any of its provisions. No adjustment under However, the Grievance Procedure board of arbitration or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The arbitrator shall have the right power to be present at all meetings held to resolve or discuss grievancedispose of a grievance by any arrangement which it deems just and equitable. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreement.COLLECTIVE AGREEMENT
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head Union Grievance Committee shall deliver decision in writing meet within five (5) working days following presentation with management to consider the grievance. At this stage, they may be accompanied by a representative of the International Organization. A technical error in the written submission will not cause annulment of the grievance. If final settlement of the grievance to then is not completed within five seven (57) working days after the decision meeting in Step No. and if the grievance is given: STEP NOone which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to an arbitrator at any time within twenty-one (21) days thereafter but not later. The arbitrator shall be chosen from the list below on a rotating basis provided the arbitrator selected is able to accept the referral in rotation: Xxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxx The decisions of the Arbitrator constituted in the above manner shall be binding on both parties. The Arbitrator shall not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will jointly bear the expenses of the Arbitrator. No person shall be selected as arbitrator who has been involved in attempts to negotiate or settle the grievance. Any differences which arise directly between the Union Grievance Committee and the Company concerning the interpretation, application or non application, or violation of this Agreement, instead of following the procedure hereinbefore set out, may present the alleged grievance be submitted in writing by either of the parties to the City Manager other with opportunity to be provided within seven days for oral discussion between the officers of the Union and the management representatives designated for that purpose by the Company. Failing settlement within seven days of such first oral discussion, either the Company or appointee. A the Union may give notice in writing requiring a meeting will be held within ten (10) seven working days between such management representatives or such other senior officials of the City Manager Company as the Company may designate for this purpose and a representative of the International Union of the United Steelworkers of America accompanied if he so desires by a Grievance Committee to discuss the matter. The decision of the party to whom the matter was first submitted shall be given within seven days after such meeting. In the event that any difference concerning the interpretation, application or appointee non-application, or violation of this Agreement shall not have been satisfactorily settled under the foregoing provisions, the matter may then, by notice in writing given by one party to the other, within fifteen working days from the giving of the decision of the management representative at Stage Three, or the decision of the Company in the preceding paragraph, be referred to arbitration as hereinafter provided. If no decision be given within seven days' period allowed above, the notice of arbitration may be given within fifteen working days the expiry of such seven day period. Where two or more employees in the same department have complaints which are sufficiently common in nature that they may be conveniently dealt with together, such complaints shall constitute a group grievance and shall be handled as follows: A group grievance shall be presented at Stage Two by a minimum of two employees, accompanied by the appropriate number of Stewards or Grievance Committeemen. A grievance affecting the entire department, or the plant as a whole, may be taken up by the Union Grievance Committee. A Staff Representative at Stage Three of the Union Grievance Procedure. If a satisfactory solution is not reached, the matter may be present processed, including arbitration. Grievances processed under this section shall comply with the time limits set out above. Time Limits Saturdays, Sundays and holidays shall not be counted in determining the time within which any action is to be taken in each of the foregoing stages. Any and time limits fixed by this Article may, at any time, be extended by agreement in writing between the request of Company and the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of Section of this section Agreement may not be used with respect by the Union to process the grievances of individual employees. Any employee grievance alleging unjust discipline or discharge may be referred to a grievance directly affecting single arbitrator as outlined in Where an employee arbitrator determines that a penalty or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure discharge excessive he or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay she will be deemed to have been filed on date of such suspension or discharge. The shall have the right power to be present at all meetings held to resolve substitute such other penalty for the or discuss grievance. It is agreed discharge as he or she considersjust and understood that all time limits reasonable in the grievance procedure shall be adhered to except where they are extended by mutual agreement.all
Appears in 1 contract
Samples: Agreement
Step No. The employee I A conference shall take place between the aggrieved employee, who may request be accompanied by the assistance of Union Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlementand the Supervisor, the Department Head shall deliver decision in writing within five (5) working days following presentation at which time a written record of the grievance on a standard form, to then be supplied by the Company, shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: Step No. Within five (5) full working days, following the decision of Step No. a conference shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative of the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of any difference between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given: STEP NO, it shall be deemed to have been settled or abandoned. The Union Saturdays, Sundays and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of the steps of the Grievance Committee Procedure, or under Article Any and all time limits fixed by this Article and Article may present the alleged grievance in writing to the City Manager or appointee. A meeting will at any time be held within ten (10) working days extended by agreement between the City Manager or appointee Company and the Union. All decisions arrived at between the representatives of the Company and the Union Grievance Committeeshall be final and binding upon the Company, the Union and the employee or employees concerned. A Staff Representative When a complaint or grievance which affects the rate of pay of an employee is settled and as a result, the employee receives an increase in his rate, such increase shall be paid retroactively to the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been unjustly dealt with, he may inform his xxxxxxx who shall, if a grievance is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union may on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be present at reinstated in his former job and compensated for such time lost as is determined by the request of the Uniongrievance or arbitration procedure, or such other settlement as is deemed to be just and equitable. It is understood that in the City Manager or appointee shall have case of any general allegation by the Union that the Company has violated this Agreement, in such counsel and assistance as a manner that an individual employee could not rightly process the grievance under this Article the Union may desire present such allegation to the Company at any meeting the 2nd Step level of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreementprocedure.
Appears in 1 contract
Samples: Collective Agreement
Step No. If the Union and the Company cannot reach a settlement, either party may, within thirty (30)calendar days of the reply given in Step No. submit the grievance to Arbitration by nominating an Arbitrator. These time limits may be extend- ed, with mutual agreement. STEP NO. Within fifteen (15) days thereafter, the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member. The third member shall act as Chairman of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate GovernmentAgency. No person involved directly in the con- troversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitra- tor, the grieving party may ask the appropriate Government Agency to make the appointment. If the party filing a grievance does not processit from one Step to the next within the time limits set out then the grievancewill be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Proce- dure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of terminations where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Vice President, Operations Department. The Union Business Representative and the Company Re- gional Director may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee who involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the assistance par- ties such other evidence as is relevant to its determination of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlementthe issues involved. In reaching its decisions, the Department Head Arbitration Board shall deliver decision be governed by the provisions of this Agree- ment, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitra- tion on all arbitrable questions be binding and enforce- able on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interrup- tion of normal operations as a result of any grievance. The parties shall act in writing within good faith in proceeding griev- ances in accordance with the provisions in this Article. When an employee has given twelve (12) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. Suspen- sions of five (5) working days following presentation or more shall remain for eighteen (18) months, as described above. The Employer will, upon writ- ten request by the employee, provide the employees’ home store with a complete copy of their personnel file which may be viewed in the presence of the grievance to then within five (5) working days after the decision is given: STEP NOStore Manager. The Union Grievance Committee may present acknowledges that the alleged grievance in writing stewards have their regular duties to perform and that such persons will not leave their regular duties without receiving permission from the City Store Manager or appointee. A meeting , which permission will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or dischargeunreasonably withheld. The shall have Company will compensate such Xxxxxxx at their regular straight time hourly rate for time spent servicing complaints or grievances hereunder during their regular hours within the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreementstore.
Appears in 1 contract
Samples: Article Vacations
Step No. The employee who may request the assistance of Xxxxxxx, may present alleged grievance in writing to Department Head; failing settlement, the Department Head Union Grievance Committee shall deliver decision in writing meet within five (5) working days following presentation with management to consider the grievance. At this stage, they may be accompanied by a representative of the International Organization. A error in the written submission will not cause annulment of the grievance. If final settlement of the grievance to then is not completed within five seven (57) working days after the decision meeting in Step No. and if the grievance is given: STEP NOone which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to an arbitrator at any time within twenty-one (21) days thereafter but not later. The arbitrator shall be chosen from the list below on a rotating basis provided the arbitrator selected is able to accept the referral in rotation: Xxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxx The decisions of the Arbitrator constituted in the above manner be binding on both parties. The Arbitrator not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will jointly bear the expenses of the Arbitrator. No person shall be selected as arbitrator who has been involved in attempts to negotiate or settle the grievance. Any differences which arise directly between the Union Grievance Committee and the Company concerning the interpretation, application or non-application, or violation of this Agreement, instead of following the procedure hereinbefore set out, may present the alleged grievance be submitted in writing by either of the parties to the City Manager other with opportunity to be provided within seven days for oral discussion between the officers of the Union and the management representatives designated for that purpose by the Company. Failing settlement within seven days of such first oral discussion, either the Company or appointee. A the Union may give notice in writing requiring a meeting will be held within ten (10) seven working days between such management representatives or such other senior officials of the City Manager Company as the Company may designate for this purpose and a representative of the International Union of the United Steelworkers of America accompanied if he so desires by a Grievance Committee to discuss the matter. The decision of the party to whom the matter was first submitted shall be given within seven days after such meeting. in event that any difference concerning the interpretation,application or appointee non-application, or violation of this Agreement not have been satisfactorily settled under the foregoing provisions, the matter may then, by notice in writing given by one party to the other, within fifteen working days from the giving of the decision of the management representative at Stage Three, or the decision of the Company in the preceding paragraph, be referred to arbitration as hereinafter provided. If no decision be given within seven days' period allowed above, the notice of arbitration may be given within fifteen days after the expiry of such seven working day period. Where two or more employees in the same department have complaints which are sufficiently common in nature that they may be conveniently dealt with together, such complaints shall constitute a group grievance and shall be handled as follows: A group grievance shall be presented at Stage Two by a minimum of two (2) employees, accompanied by the appropriate number of Stewards or Grievance Committeemen. A grievance affecting the entire department, or the plant as a whole, may be taken up by the Union Grievance Committee. A Staff Representative at Stage Three of the Union Grievance Procedure. If a satisfactory solution is not reached, the matter may be present processed, including arbitration. Grievances processed under this section shall comply with the time limits set out above. Time Limits Saturdays, Sundays and holidays shall not be counted in the time within which any action is to be taken in each of the foregoing stages. Any and all time fixed by this Article may, at any time, be extended by agreement in writing between the request of Company and the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of Section of this section Agreement may not be used with respect by the Union to process the grievances of individual employees. Any employee grievance alleging unjust discipline or discharge may be referred to a grievance directly affecting single arbitrator as outlined in Where an employee arbitrator determines that a disciplinary penalty or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure discharge is excessive he or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay she will be deemed to have been filed on date of such suspension or discharge. The shall have the right power to be present at substitute such other penalty for the discipline or discharge as he or she considers just and reasonable in all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreementcircumstances.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee Within three (3) working days after the decision in Step No. is given, the griever, who may request shall have the assistance of Xxxxxxxthe Grievance Committee, may present alleged submit the grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision in writing Group President or his designate. A meeting will then be held within five (5) working days following presentation of between the grievance to then within five (5) working days after Group President or his designate, and the decision is given: STEP NO. The Union Grievance Committee (which the Company may present restrict to not more than two (2) members at the alleged grievance in writing to the City Manager or appointee. A meeting will be held within ten (10meeting) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of President or his designate, or the Union may Association shall be present at the request of either the UnionCompany or the Association. The decision of the Group President or his designate shall be delivered in writing within seven (7) working days. It is understood that the City Manager Group President or appointee shall his designate, and the Grievance Committee of the Association may have such counsel council and assistance as they may desire at any meeting such meeting. All decisions arrived at between the Company and the Association shall be final and binding upon the Company, and the Association and the employee or employees concerned. Failing settlement under the foregoing procedure or any grievance between the parties arising from the interpretation, application, administration or alleged violation of the Grievance CommitteeAgreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. Failing settlement, If no written request for arbitration is received within one (1) month after the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, under Step No. will is given, the grievance shall be omitted and deemed to have been settled. Where no written answer has been given within the written time limit specified, the grievance will may be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt next step of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. foregoing ure, including arbitration I (a) It is agreed that a grievance arising directly between the Corporation Company and the Union Association shall be originated under Step No. and the time limit limits set out with respect to that Step step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section Section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassedby-passed. Where a number of employees have the same grievance and each employee would be entitled to grieve separately, they may present a group grievance in writing signed by each employee at Step No. of the grievance procedure within three (3) days following the occurrence or origination of the circumstances giving rise to the grievance. The grievance shall then be treated as having been initiated at Step No. of the grievance procedure and the applicable provisions of this agreement shall then apply. I No adjustment effected under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation Company under the Grievance Procedure except as to bookkeeping error involving in matters of clerical errors affecting an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievancepay. It is agreed and understood that if there is a period of twelve (12) months since the last disciplinary notice, the previous disciplinary notice shall be removed from the employee's Personnel file. However, it is agreed that should there not be a twelve (12) month period between disciplinary notices, then all time limits such notices shall remain in the grievance procedure shall be adhered employee's Personnel file. It is also agreed that any continuous absence of one (Im)onth or more to except where they are extended by mutual agreementa maximum of six (6) months will not count as part of the twelve (12) month period.
Appears in 1 contract
Samples: Agreement
Step No. The employee who may request If the assistance grievance is not settled at Step the Nurse and/or a representative of Xxxxxxxthe Association may, may present alleged within ten (10) working days of the date of receiving the answer of the Director of Nurses (or if no answer is received under Step within ten (10) working days after such answer ought to have been received) refer the grievance in writing to Department Head; failing settlement, the Department Head Medical Officer of Health or the nominee of the Medical Officer of Health and that officer shall deliver give a decision in writing within five (5) working days following presentation of receipt of the grievance to then within five (5) working days after the decision is given: STEP NOgrievance. The Union Grievance Committee may present the alleged grievance in writing Prior to the City Manager Medical Officer of Health (or appointee. A his nominee) providing an answer hereunder, there shall be a meeting will be held within ten (10) working days between the City Manager or appointee Employer and the Union Grievance Committee. A Staff Representative of Association at which an Employment Relations Officer from the Union may be present at Association shall attend in order to discuss and attempt to resolve the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes placegrievance. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and case of a Policy Grievance, the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration time limit for such grievance decision shall be submitted to arbitration within thirty (30) calendar days from the time of receipt of the written decision under Step Replies to grievances stating reasons shall be in writing grievance, If the grievance is not settled at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and then the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union Association may act on behalf of an employee who is unable to file a proper grievance initiating refer the grievance at to arbitration. If no written request for arbitration is received within fifteen (15) working days after the appropriate Step. It final decision is understoodgiven or after the final decision should have been given, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will shall be deemed to have been filed on date settled. Any of such suspension or discharge. The shall have the right to time allowances provided above may be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreementagreement between the parties. The Employer will pay such Association representatives at their respective salaries for all regular time lost in the investigation or processing of grievances. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within five (5) days inform the other party of the name of its appointee to the Arbitration Board. The two ( 2 ) appointees so selected shall, within five ( 5 ) days of the appointment of the second of them, appoint a third (3rd) person who the Chairman. If the recipient of the notice fails to appoint an Arbitrator, or if the two ( 2 ) appointees fail to agree upon a Chairman within the time limit, the appointment shall be made by the Minister of Labour of the Province of Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision shall be final and binding upon the parties and upon any Nurse affected by it. The decision of the majority the decision of the Arbitration Board, but if there is no majority the decision of the Chairman governs. The Arbitration Board shall not have any authority to alter or change any of the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions of this Agreement, or in any way modify, add to or detract from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration Board, and will share equally the fees and disbursements of the Chairman. In the event that a Nurse is suspended or discharged and it is considered that an injustice has been done, the matter may be taken up as a grievance at Step No. of the Grievance Procedure. Notwithstanding any other provisions of this Agreement grievances may be settled by confirming the Employer’s action or by any other arrangement which is just and equitable in the opinion of the parties or the Board of Arbitration.
Appears in 1 contract
Samples: negotheque.travail.gc.ca
Step No. The aggrieved employee who may request the assistance of Xxxxxxx, or a Union Representative may present alleged his signed grievance in (which shall be reduced to writing on a form supplied by the Union and approved by the Company) to Department Head; failing settlementthe Division Head concerned who shall consider it the presence of the and a member the Grievance Committee, and the Department immediate Supervisor within O full working days if possible. The Division Head shall deliver render his decision in writing within five (5) working days following presentation of the interview or any longer period which may be mutually agreed upon. no satisfactory settlement is reached, the next step the grievance to then procedure may be taken at any time within five (5) working days after the decision is given: STEP NOthereafter. Step The Union Grievance Committee aggrieved employee may present the alleged submit his grievance in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union full Grievance Committee. A Staff Representative of the Union may be present at the request Committee of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting The Grievance Committee of the Grievance CommitteeUnion shall meet within working clays with the of Transportation and the Commissioner of Human Resources, or their representatives, to consider the grievance. Failing settlement, the decision At this they may be accompanied a representative of the City Manager or appointee shall be delivered to International organization if his presence is requested by either party. If final settlement of the Union in writing grievance is not completed within ten (1O) working days after deliberations with the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same personof or his representative, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement have commenced and if the grievance is one which the interpretation or of the agreement, the grievance may be referred by either party to proceed to arbitration such grievance a Board of Arbitration as provided in Article below, any within working days after a decision been reached but not later. For the submission of grievances as provided above, working days shall be submitted as the days on which the Company's Head is open to arbitration within thirty (30) the public for transaction of regular business, otherwise days are calendar days from receipt days. ARTICLE Both parties to this agreement agree any dispute or grievance concerning the interpretation or alleged violation of this agreement, which has been properly carried through all the steps of the written grievance procedure outlined in Article above, and which has not been settled, will be referred to a Board of Arbitration at the of of the parties hereto. Board of will be composed of person appointed by the Company, and person appointed by the Union, and a third person to act as chairperson chosen by the other members of the Board. Within days of the request by either party for a Board, each party shall notify the other of the name of its appointee. the person chosen by the Company to act on the Board and the person chosen by the Union, fail to agree on a person within days of the notification mentioned in above, the Minister of Labour of Province of Ontario will be asked to nominate the chairperson. The Board of Arbitration constituted in the above manner shall deal only with the matter in dispute, and the or majority decision under Step Replies to grievances stating reasons of said Board shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union binding on both The Board of Arbitration shall be originated under Step No. and the time limit set out with respect not have any power to that Step shall appropriately apply. It is further agreed that the Union may act on behalf or change any of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with respect the terms and provisions of this agreement. Each of the to a grievance directly affecting an employee or employees this agreement will bear the expenses of the arbitrator appointed by it; and that the regular grievance procedure shall not be thereby bypassedparties will jointly bear the expense, if any, of the chairperson. No adjustment under the Grievance Procedure or Arbitration Procedure person shall be made retroactive prior selected as arbitrator who has been directly involved in attempts to negotiate or settle the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they are extended by mutual agreement.
Appears in 1 contract
Samples: negotech.labour.gc.ca
Step No. The employee who may request A meeting shall be held between the assistance of XxxxxxxGrievance Committee and the Plant Manager the Plant Capabilities Leader, may present alleged grievance in writing to Human Resources Manager, and Department Head; failing settlementManager. At this meeting, the Department Head shall deliver decision National Representative of the Union or his or her nominee may be present if such presence is requested by either the Company or the Union. If the grievance is not settled to the satisfaction of both parties within a period of five working days or within any longer period as may be mutually arranged at the time, then at the request of either party to this agreement the grievance may be referred to: mediation, if both parties agree; arbitration. All times as set out in the Grievance Procedure, Mediation, and Arbitration may be extended by mutual agreement between the Company and the Union, in writing. If either mediation and /or arbitration is to be invoked, the request for either mediation and /or arbitration must be made in writing within five (5) working days following presentation of the grievance to then within five (5) ten working days after the decision is given: STEP NOgrievance has been dealt with in Step No. after which the party seeking mediation or arbitration shall, within ten working days, contact the mediator or arbitrator, as the case may be, requesting a date for a hearing. The Union Grievance Committee may present mediator must be selected by mutual agreement of the alleged grievance in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee Company and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee shall be delivered to the Union in writing within ten (1O) working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and a mutually acceptable mediator cannot be selected, the same person, Step No. will be omitted and the written grievance will be submitted forwarded to the Department Head at Step and if not settled, will proceed from Step Noarbitration. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation The Company and the Union will bear the expenses of the mediator in equal shares. Disputes which are carried to the arbitration stage shall normally be heard before a single arbitrator. The parties have expressed confidence in the ability of the under-mentioned persons, and agree that they shall be originated under Step No. called to arbitrate on a rotation basis and in order of their listing: Xxx Xxxxxxxxx Xxxx Xxxxx Xxxxxx Xxxxx Xxxxxx Xxxxx Xxxx Xxxxxxx If it is not possible to schedule an arbitration date with the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee arbitrator who is unable next called to file arbitrate within sixty (60) days from the request for a proper grievance initiating hearing, the grievance at parties shall move to the appropriate Stepfirst available arbitrator on the list. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure The first available date shall be made retroactive prior to the scheduled date for the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay hearing. Notwithstanding foregoing, no arbitrator will be deemed called to resolve more than one grievance in a row. If the order of rotation is bypassed in this manner for a hearing, the parties agree to resume the rotation order, starting with the arbitrator who would have been filed on date called but for his unavailability, for the next hearing that may arise. If none of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It arbitrators listed above is agreed and understood that all available within the 60-day time limits in frame, the grievance procedure shall be adhered to except where they are extended parties may choose an arbitrator by mutual agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. The Any employee who believes that he has a justifiable griev- ance may request discuss and attempt to settle same with his Supervisor or Manager with or without a departmental Xxxxxxx being present, as the assistance employee may elect. Grievances not adjusted in this way within two working days may be appealed to Step No. Step No. Notice of Xxxxxxx, may present alleged grievance in writing appeal must be given to Department Head; failing settlement, the Department Head shall deliver decision in writing Manager, by the Chief Xxxxxxx within five three (5) working days following presentation of the grievance to then within five (5) working 3)working days after the decision is given: STEP NO. The Union Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, receiving the decision of the City Supervisor or Manager. Such notice shall consist of a written statement of the grievance in triplicate containing particulars of the inci- dent giving rise to the grievance and shall be signed by the aggrieved employee and dated as of the date of its submis- sion. The Department Manager or appointee his delegate shall meet with the Chief Xxxxxxx within eight (8)working days, inves- tigate the grievance and attempt to settle it. A written decision shall be delivered to given by the Union in writing Department Manager or his delegate within ten three (1O) working 3)working days after the meeting takes placedate of such meeting. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Grievances not adjusted in Step No. will may be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. appealed directly to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall Step No. Notice of appeal must be submitted to arbitration given in writing within thirty seven (307) calendar working days from receipt the date of the written decision under Step Replies of the Department Manager to grievances stating reasons the General Manager or designate who shall meet with the Grievance Committee, which may be accompanied by an International Representative of the Union, investigate the grievance and attempt to settle it. A written decision shall be in writing given by the General Manager within ten (10)working days after the date of such meeting. Except as otherwise provided, grievances must be presented at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and within nine (9) working days from the time limit set out with respect date of the incident giving rise to that Step shall appropriately applythe grievance. It is further agreed that Grievances not presented within the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure times aforesaid shall not be thereby bypassed. No adjustment considered under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and in any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall be adhered to except where they event are extended by mutual agreementnot arbitrable.
Appears in 1 contract
Samples: Basic Agreement
Step No. The employee who may In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the assistance of Xxxxxxx, may present alleged grievance by giving notice in writing to Department Head; failing settlementthe other party within ten days from the delivery of the decision at Step to the xxxxxxx but not thereafter. If the request for arbitrationis not so given, within such ten (10) day period, the Department Head decision at Step shall deliver decision be final and binding upon both parties to the Agreement, and upon employee involved. The notice to arbitrate shall contain the name and address of the moving party's nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board and the remedy sought. The party giving such notice shall be bound by same and shall be restricted to arbitrate the issues presented by the notice. The recipient of the notice shall within ten (10) days advise the other party, in writing writing, of the name of its appointee to the arbitration board. The two (2) appointees so selected shall,within five (5) working days following presentation of the grievance appointment of the second of them, appoint a third person who shall be the chairman. If the two (2) appointees fail to then agree upon a chairman, within five the time limited, the Ministry of Labour for Ontario shall, if requested within(5) days from the expiry of the date upon which the two (52) working days after are to appoint a chairman but not thereafter, forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision is given: STEP NO. The Union Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It arbitration board, but if there is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlementno majority decision, the decision of the City Manager chairman shall The arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or appointee amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental to any arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be delivered borne equally by the two (2) parties hereto. The time limits and other procedural set out in this Article are not merely directory, therefore, failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the Any grievance not appealed from one step of the grievance procedure to the Union in writing next within ten (1O) working days after the meeting takes placespecified time limit shall be deemed to be abandoned. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall No matter may be submitted to arbitration within thirty (30) calendar days from receipt which has not properly been carried through all specified previous steps of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and procedure within the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or dischargespecified. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits in the grievance procedure shall this Article may be adhered to except where they are extended by mutual agreementif both parties agree.
Appears in 1 contract
Samples: Agreement
Step No. If the decision of the immediate xxxxxxx is not acceptable to the employee, he may appeal the decision to the Human Resources Manager or his designated representative, within two (2) working days from the date that he received the decision from his immediate xxxxxxx. The employee who may request third step grievance meeting will be held within working days of the assistance receipt of Xxxxxxxthe grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, may present alleged grievance in writing to Department Head; failing settlement, or his designated representative shall arrange a meeting with the Department Head bargaining committee and he shall deliver decision give his answer in writing within five (5) working days following presentation the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will be altered to accommodate the grievance meeting schedule and employees will be required to work both before and after the meeting up until their revised quitting time. In the event that arbitration of a grievance is desired by either party, then the other party shall be notified in writing not later than twenty (20) working days after receipt of the answer in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be substituted. Xxxxxx Xxxxx G Xxxxx The arbitrator shall not have jurisdiction to alter or change any of the provisions of this agreement, or to substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this agreement, or to deal with any matter not covered by this agreement. The arbitrator in discharge and suspension cases shall be authorized to maintain the discharge or suspension, make the whole, or make any modification as to compensation which is just and equitable in the opinion of the arbitrator. The parties shall equally share the fee and expenses of the arbitrator. No grievance shall be considered if the alleged circumstances of the grievance occurred more than fifteen (15) working days prior to the submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other than a probationary employee, shall be given an opportunity to explain the circumstances of his discharge or indefinite suspension to his Committeeman or xxxxxxx before leaving the plant. Such discharged or indefinitely suspended employee may present a grievance in writing, either directly or through his committeeman or xxxxxxx, within five (5) working days from the date of his discharge or indefinite suspension. Such grievance shall be lodged at Step No. of the grievance procedure. The Company shall furnish the Union with copies of written warnings, suspensions, and discharges. In the case of termination, the Plant Chairperson or his designate will be advised no later than his next regular shift. An employee's committeeman or xxxxxxx shall be in attendance when he is to be formally disciplined. The Company agrees to remove any discipline notation from the employee's record eighteen (18) months after the decision giving of such discipline notation unless within the two-year period the misconduct giving rise to the discipline notation is given: STEP NOrepeated, in which case the two-year period referred to above is waived. The Such removed notation will not be cited or relied upon subsequently. A grievance relating to the same issue and providing the circumstances are similar pertaining to two or more employees will be considered a group grievance and subject to the grievance procedure. Union Grievance Committee policy grievances will be limited to grievances which claim incorrect interpretation or administration of the agreement which may present affect the alleged grievance collective interests of the bargaining unit and grievances lodged by the Company may be raised by either xxxxx by notifying the other in writing as to the City Manager or appointee. A meeting will be held nature of the grievance within ten fifteen (1015) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union incident which gave rise to the grievance. Such grievance will be discussed beginning at the 3rd step of the grievance procedure. Should the parties fail to resolve such grievance it may be present at the request of the Unionreferred to arbitration. It is understood that it will not be used to by-pass the City Manager or appointee shall have such counsel regular grievance procedure. Written warnings, suspensions, and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, the decision of the City Manager or appointee discharges shall be delivered to the Union in writing within ten given three (1O3) working days after from the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt date of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or dischargemisconduct. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is agreed and understood that all time limits as outlined in the grievance procedure shall may be adhered to except where they are extended by mutual agreement.. ARTICLE SENIORITY
Appears in 1 contract
Samples: Collective Agreement