Step No. Within twenty working days after the circum- stances giving rise to the grievance occurred or originated (save and except grievances arising out of discharge cases in which case the grievance shall be brought forward within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, the grievance may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originated. It is further understood that the adjustment of any such grievance be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violation.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty working days after If Management's decision at Step No. is not satisfactory, then the circum- stances giving rise grievance may be referred to arbitration as herein provided. Management shall give its decision to the grievance occurred or originated Plant Committee within five (save and except grievances arising out of discharge cases in which case 5) days following the grievance meeting at Step No. The Union Business representative shall be brought forward within ten days supplied by the Company, minutes of the employee being notified of his discharge)all Labour Management Meetings. Prior to proceeding to arbitration, save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, the grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager 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 as provided in Article VI below at accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any time within twenty working days thereafter but not laterprovisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or referred to give any decision inconsis- tent with the Ontario Labour Relations Board for arbitration pursuant terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred or originated. It is further understood that the adjustment of any such grievance be retroactive more than three (3) days prior to the first day original presentation, except in the of the alleged violation within the three month period. Grievances dealing with alleged violation a grievance regarding wages which shall have a time limit of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the one (1) full pay period after issuance of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationpay.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty 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 circum- stances giving rise decision is given: 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 (10) working days the meeting takes place. In the event that there is no immediate supervisor where an employee’s immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance occurred or originated (save will be submitted to the Department Head at Step and except grievances arising out of discharge cases in which case 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 brought forward submitted to arbitration within ten thirty (30) calendar days from receipt of the employee being notified of his discharge), save and except written decision under Step Replies to grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which stating reasons shall be reduced 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 writing 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 prior to the Employer. Should no settlement satisfactory date the grievance was formally discussed or presented to the employee Corporation under the Grievance except as to bookkeeping error involving an employee’s wages and any grievance regarding discharge or suspension without pay will be reached full working days, deemed to have been filed on date of such suspension or discharge. The shall have the next step 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 may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, the grievance may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originated. It is further understood that the adjustment of any such grievance be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise adhered to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationexcept where they are extended by mutual agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his decision in writing within nine calendar days following the day on which the grievance was presented to him. Failing settlement, then: Within twenty working nine (9) calendar days after following the circum- stances giving rise decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine (9)calendar days following the decision in Step No. the grievance may be submitted in writing to the grievance occurred Hospital Administrator or originated (save his designee. A meeting will then be held between the Hospital Administrator or his designee and except grievances arising out of discharge cases in which case the grievance shall be brought forward Grievance Committee within ten nine calendar days of the employee being notified submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the Hospital Administrator or his discharge), save designee have such counsel and except grievances involving monetary items assistance as defined in Section below, he may desire at such meeting. The decision of the aggrieved employee with his business representative may present his grievance, which Hospital shall be reduced to in writing to within nine (9) calendar days following the Employerdate of such meeting. Should no settlement satisfactory to A complaint or grievance arising directly between the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association Hospital and the respective committees shall meet within five working days thereafter in an endeavour to settle Union concerning the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation application or alleged violation of the agreement, the grievance may Agreement shall be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward originated at Step No. 1 within fourteen calendar days following the three months circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby Where a number of employees have identical grievances and each would be entitled grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen 4) calendar days after the circumstances giving rise to the grievance have occurred or originated. It is further understood that the adjustment of any such grievance be retroactive ought reasonably to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the Council applicable provisions of this article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7)calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the Hospital's action in dismissing the employee; or reinstating the employee with or without full compensation for the time lost; or by any other arrangement which may be deemed just and its member Unions affected equitable. Wherever the Hospital deems it necessary suspend or discharge an employee, the Association as Hospital shall notify the case may beUnion of such suspension or discharge in writing. The Hospital agrees that it will not suspend, whichever is discharge or otherwise discipline an employee who has completed his probationary period, without just cause, Failing settlement under the longer period. It is further understood that the adjustment foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted arbitration as hereinafter provided. If no written request for arbitration is received within eighteen 18) calendar days after the decision under Step No. is given, the grievance shall be retroactive deemed to have been abandoned. Where such a written request is postmarked within sixteen calendar days after the decision under Step No. deemed to have been received within the time limits. agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the first day other party to this Agreement, and at the same time a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the alleged violation.Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman, No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Nu matter may be submitted to arbitration which has not been properly carried through all requisite steps the Grievance Procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section of The Labour Relations Act. Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply. ARTICLE ACCESS TO
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty working days after the circum- stances giving rise to the grievance occurred or originated (save and except grievances arising out of discharge cases in which case the grievance shall be brought forward within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If Failing a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, dispute under step the Employee concerned may submit his or her grievance may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board President or his or her designated representative at a meeting arranged for arbitration pursuant to Section of the Ontario Labour Relations Act within this purpose, at a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originatedmutually convenient. It is further understood that an Employee may have the adjustment assistance of any such grievance be retroactive to the first day a xxxxxxx and a representative of the alleged violation within Union at such meeting if such representation is requested by either party. At the three month period. Grievances dealing with alleged violation request of payment for vacation and statutory holiday pension and welfare contributionseither party, Union Dues, Working Dues, Training and Industry Fund, the griever shall be brought forward present at Step Nothis meeting. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise A written reply to the grievance were brought will be given. If final settlement of the dispute is not reached within five (5) working days following 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 have been dropped. Where no answer is given within the time limits specified in the grievance procedure, the grieving party shall be entitled to submit the grievance to the attention next step of the grievance procedure. The time limits referred to herein may be extended at the request of either party if mutually agreed upon by the parties 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 Council and its member Unions affected notice shall contain the name of the first party's appointee to an arbitration board. Either the Employer or the Association as Local Union shall have the case may beright to file a grievance regarding interpretation, whichever is application or administration of this agreement at step of the longer periodgrievance procedure. It is further understood that in the adjustment case of any such a grievance shall be retroactive filed on behalf of the Employer under this section with respect to a complaint of the Employer as to the first day conduct of the alleged violationUnion, its officers or committee members or members that if such complaint is not settled to the mutual satisfaction of the parties, it may be treated as a grievance and referred directly to arbitration in the same way as set out in section herein.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty five (5) working days after the circum- stances giving rise to decision is given by the Plant Manager under Step No. the grievance occurred or originated (save and except grievances arising out of discharge cases in which case the grievance shall be brought forward within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, committee may submit the grievance to a committee of the Association and the respective committees President or his designated representative, who shall meet with the grievance committee and such other persons as Manage- ment may desire within five ten (10) working days thereafter in an endeavour to settle consider the grievance. The Union has the right to have either the or the Union representative who handled the griev- ance attend the third (3rd) step grievance meeting. At this stage, they may be accompanied by a full time representative of the Union if his presence is requested by either the grievance committee or the Company. The President or his designated representative will render his decision in writing within five (5) working days following such meeting. If a satisfactory final settlement of the grievance is not reached within five working days from this meeting at Step No. and if this the grievance is one which concerns the interpretation or alleged violation of the agreementAgreement, then the grievance may be submitted referred in writing by either party to arbitration an Arbitrator as provided in Article VI below at any time within twenty working thirty (30) calendar days thereafter but not later, or referred to after the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at decision is given under Step No. 1 and if no such written request for arbitration is received within the three months after time limits, then it shall be deemed to have been abandoned. Group grievances shall commence with the circumstances giving rise Second Step of the Grievance Procedure, with strict adherence to the terms of the Second Step of the Grievance Procedure. Policy grievances, a Union claim that a cessation of work constitutes a lockout, or grievances dealing with suspension or discharge shall commence with the Third Step of the Grievance Procedure, with strict adherence to the terms of the Third Step of the Grievance Procedure. In a grievance occurred involving a suspension from work or originated. It is further understood that the adjustment a discharge of any an employee, such grievance meeting must be retroactive to held within five (5) days and the first day answer must be given within five (5) working days of such grievance meeting or the grievance will be settled in favour of the alleged violation within grieving party. The time limits foreseen at the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention various steps of the and the Council and its member Unions affected or the Association as the case Grievance Procedure may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationextended by mutual consent in writing by both parties.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty working days after The aggrieved employee or alternate must submit the circum- stances giving rise grievance in writing to the grievance occurred Manager of Plant Operations or originated (save Manager of Plant Maintenance and except grievances arising out Construction who shall consider it in the presence of discharge cases in which case the grievance shall be brought forward within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which and/or the Grievance Grievance Committee shall be reduced to writing to the Employerpresent at this stage. Should no settlement satisfactory to the employee be reached full within five working days, the next step in the grievance procedure may be taken at any time within ten full five working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may aggrieved employee or alternate shall submit the 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 Manager of Plant and Construction may be present 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 pay for the period of suspension or discharge. 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 committee 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 of one person appointed by the Employer, one person appointed by the Association and a third person to act as Chairperson, chosen by the respective committees shall meet within other two members of the Board. Within five working days thereafter of the request by either party for a Board, each party shall notify the other of the of 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 an endeavour 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. 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. If 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 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 Employer may bring forward, at any meeting held with the Association Grievance any complaint with respect officers or members, or any com- plaint that a satisfactory settlement contractual obli- gation undertaken by the Association has been violated, and that, if such complaint by the Employer is not reached within five working days from this meeting settled to the mutual satisfacton of the conferring parties, it may be treated as a grievance and if this referred to arbitration in the same way as the grievance is one which concerns of an employee. Should any difference arise between the Employer and the Association as to the interpretation or alleged violation of the agreement, the grievance may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section provisions of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originated. It is further understood that the adjustment of any such grievance be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or this Agreement affecting the Association as such, the case 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, whichever is be treated as a grievance and referred to arbitration in the longer periodsame way as the grievance of an employee. It is further understood that the adjustment of any No such grievance shall be retroactive filed with respect to the first day same subject matter that is already the subject of a grievance filed an under ARTICLE VI, nor shall any grievance be filed by an with respect to the alleged violation.same subject matter that is already the subject of a grievance filed by the Association under this
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. Within twenty working fifteen (15) days after thereafter, the circum- stances giving rise 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 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 occurred or originated (save and except grievances arising does not process it from one Step to the next within the time limits set out of discharge cases in which case above, then the grievance shall will be brought forward within ten days of considered to have been dropped by the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle party instituting the grievance. If a satisfactory settlement is the responding party does not reached respond within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation time limits of the agreementGrievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but Arbitration which has not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section been properly carried through all previous steps of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation grievance Procedure, except in the case of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward where the Grievance Procedure will commence at Step No. 1 within the three months after the circumstances giving rise and such grievance will be submitted directly to the 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 (10) day period. Any agreement reached between the Company and the Union to resolve a grievance occurred shall be 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 parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or originatedchange the provisions of this Agreement. The findings and decisions of the Board 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 further understood the intention of the parties that the adjustment 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 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 grievance past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationdenied.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty 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 circum- stances giving rise decision is given: 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 occurred or originated (save will be submitted to the Department Head at Step and except grievances arising out of discharge cases in which case 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 brought forward submitted to arbitration within ten thirty (30) calendar days from receipt of the employee being notified of his discharge), save and except written decision under Step Replies to grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which stating reasons shall be reduced 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 writing 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 Employer. Should no settlement satisfactory date the grievance was formally discussed or presented to the employee 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 reached full working days, deemed to have been filed on date of such suspension or discharge. The shall have the next step 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 may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, the grievance may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originated. It is further understood that the adjustment of any such grievance be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise adhered to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationexcept where they are extended by mutual agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty working days after I A conference shall take place between the circum- stances giving rise to aggrieved employee, who may be accompanied by the Union Xxxxxxx, and the Supervisor, at which time a written record of the grievance occurred or originated (save and except grievances arising out of discharge cases in which case on a standard form, to be supplied by the grievance Company, shall be brought forward submitted and signed by the employee. Failing a settlement within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached not more than three full working days, the next step in the grievance procedure may be taken at any time within ten then: Step No. Within five full working days thereafterdays, following the decision of Step No. STEP NOa conference shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative of the Company. The Council grievance committeeA representative of the Union will attend, if it considers it requested by either party. Step No. Failing a valid grievancesettlement under Step No. of any difference between the parties arising from the interpretation, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation application, administration or alleged violation of the agreementAgreement, the grievance including any question as to whether a matter is arbitrable, such difference or question may be submitted taken to arbitration arbitration, as provided in Article VI below If no written request for arbitration is received within twenty days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. 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 Procedure, or under Article Any and all time limits fixed by this Article and Article may at any time be extended by agreement between the Company and the Union. 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 twenty working five days thereafter but not laterof 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 on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and compensated for such time lost as is determined by the grievance or arbitration procedure, or referred such other settlement as is deemed to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift be just and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originatedequitable. It is further understood that in the adjustment case of any general allegation by the Union that the Company has violated this Agreement, in such a manner that an individual employee could not rightly process the grievance be retroactive under this Article the Union may present such allegation to the first day Company at the 2nd Step level of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationGrievance procedure.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty The Union Grievance Committee shall meet within five (5) working days 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 is not completed within seven (7) working days after the circum- stances giving rise to the grievance occurred or originated (save and except grievances arising out of discharge cases meeting in which case the grievance shall be brought forward within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the EmployerStep No. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this the grievance is one which concerns the interpretation or alleged violation of the agreementAgreement, the grievance may be submitted referred by either party to arbitration as provided in Article VI below an arbitrator at any time within twenty working 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 and the Company concerning the interpretation, application or non application, or violation of this Agreement, instead of following the procedure hereinbefore set out, may be submitted in writing by either of the parties to the 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 the Union may give notice in writing requiring a meeting within seven working days between such management representatives or such other senior officials of the 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 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 Ontario Labour Relations Board for notice of arbitration pursuant to Section 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 at Stage Three of the Ontario Labour Relations Act within Grievance Procedure. If a reasonable time which shall Grievances dealing with alleged violation of payment for hours of worksatisfactory solution is not reached, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment the matter may be brought forward processed, including arbitration. Grievances processed under this section shall comply with the time limits set out above. 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 Step No. 1 within any time, be extended by agreement in writing between the three months after Company and the circumstances giving rise to the grievance occurred or originatedUnion. It is further understood and agreed that the adjustment provisions of any Section of this Agreement may not be used by the Union to process the grievances of individual employees. Any employee grievance alleging unjust discipline or discharge may be referred to a single arbitrator as outlined in Where an arbitrator determines that a penalty or discharge excessive he or she will have the power to substitute such grievance be retroactive to other penalty for the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation or discharge as he or she considersjust and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated reasonable in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violation.all
Appears in 1 contract
Samples: Collective Agreement
Step No. Within 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 third step grievance meeting will be held within working days of the receipt of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following 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 circum- stances 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 giving of such discipline notation unless within the two-year period the misconduct giving rise to the grievance occurred or originated (save and except grievances arising out of discharge cases discipline notation is repeated, in which case the two-year period referred to above is waived. Such removed notation will not be cited or relied upon subsequently. A grievance shall relating to the same issue and providing the circumstances are similar pertaining to two or more employees will be brought forward considered a group grievance and subject to the grievance procedure. Union policy grievances will be limited to grievances which claim incorrect interpretation or administration of the agreement which may affect the 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 nature of the grievance within ten fifteen (15) working days of the employee being notified incident which gave rise to the grievance. Such grievance will be discussed beginning at the 3rd step of his discharge)the grievance procedure. Should the parties fail to resolve such grievance it may be referred to arbitration. It is understood that it will not be used to by-pass the regular grievance procedure. Written warnings, save suspensions, and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which discharges shall be reduced to writing to given three (3) working days from the Employerdate of the misconduct. Should no settlement satisfactory to the employee be reached full working days, the next step The time limits as outlined in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the extended by mutual agreement, the grievance may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originated. It is further understood that the adjustment of any such grievance be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violation.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty If the supervisor does not settle the matter to the satisfaction of the employee within five working days after the circum- stances giving rise grievance has been submitted to him under the grievance occurred or originated (save and except grievances arising out provisions of discharge cases in which case the grievance shall be brought forward within ten days of Step No. hereof, the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, Xxxxxxx may take up the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to matter directlywith the EmployerSuperintendent. Should no STEP NO. If a settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet is not obtained within five working days thereafter after the matter has been discussed with the Superintendent in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, the grievance may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing accordance with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after Xxxxxxx shall submit the grievance in writing to the Union Grievance Committee with a copy to the Company. The Union Grievance Committee will then meet to discuss grievance with the Company no later than ten calendar days following the date of the Company response to the Step No. meeting. A staff representative of the Union 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 circumstances giving rise to it occurred or originated more than five calendar days before the filing of the grievance. The 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 occurred 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 originatedrequest the Ministry of Labour to appoint an Arbitrator. The decision of the 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 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 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). 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 further understood and mutually agreed between the Company and the Union that the adjustment vacation 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 such grievance one time. In the event 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 June 30th of the current calendar year, or if the 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 limit vacations to two consecutive weeks and no more than two employees to be retroactive away from each operation at any one time. Any vacation longer than two weeks, requires a minimum of sixty days notice. It is agreed by the parties that as a condition of employment, after thirty calendar days, all employees of the Company shall be required to 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 alleged violation within month thirty (30) calendar days of employment. The Company shall deduct Union dues from the three month period. Grievances dealing with alleged violation of payment for vacation said employees, and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise promptly remit same to the grievance were brought Union together with a list ‘of employees whose dues are being so deducted, with a copy to the attention President. The employee may authorize the Company to deduct from his pay, contributions toward the Steel Workers Humanity Fund. The Company agrees to match any employee contribution up to a maximum of twenty-one (21) dollars per year. The Company will be informed as to where their contribution will be going and have the right to veto any charity they do not approve. The employee may cancel his contributions upon submitting a written request at which the Company’scontribution for that employee is also cancelled. The Union agrees to defend, indemnify and hold the Council and its member Unions affected Company harmless against any claim or liability from the Association as the case may be, whichever is the longer period. It is further understood that the adjustment administration of any such grievance shall be retroactive to the first day Article of the alleged violationthis Agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty working fifteen (15) days after thereafter, the circum- stances giving rise other party shall 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 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 occurred or originated (save and except grievances arising does not process it from one Step to the next within the time limits set out of discharge cases in which case above, then the grievance shall will be brought forward within ten days of considered to have been dropped by the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle party instituting the grievance. If a satisfactory settlement is the responding party does not reached respond within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation time limits of the agreementGrievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but Arbitration which has not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section been properly carried through all previous steps of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation grievance Procedure, except in the case of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward terminations where the Grievance Procedure will commence at Step No. 1 within the three months after the circumstances giving rise and such grievance will be submitted directly to the 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 the Union to resolve a grievance occurred shall be 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 its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or originatedchange the provisions of this Agreement. The findings and decisions of the Board 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 further understood the intention of the parties that the adjustment 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 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 grievance past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationdenied.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty working Failing settlement under Step No. and within then days after following the circum- stances giving rise to decision under Step No. of any difference between the grievance occurred or originated (save and except grievances parties arising out of discharge cases in which case from the grievance shall be brought forward within ten days of the employee being notified of his discharge)interpretation, save and except grievances involving monetary items as defined in Section belowapplication, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation administration or alleged violation of the agreementAgreement, the grievance may including any question as to whether a matter is arbitrable, such difference or question be submitted taken to arbitration as arbitration, provided in Article VI below If no written request for arbitration is received within ten days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. 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 Procedure or under Article Any and all time limits fixed by this Article Article may at any time within twenty working days thereafter but not laterbe extended by agreement between the Company and the Union. All decisions arrived at between the representatives of the Company and the Union shall be final and binding upon the Company, the Union and the employee or referred employees concerned. ARTICLE ARBITRATION Whenever either party to the Ontario Labour Relations Board for arbitration pursuant Agreement submits a grievance to Section arbitration, written notice shall be given to the other party formally stating the subject of the Ontario Labour Relations Act grievance and the Agreement clause allegedly violated, and at the same time appointing a to the board of arbitration. Within seven days after the receipt of such notice, the other party shall appoint a nominee. The nominees shall, within five days, appoint a reasonable time which third person who shall Grievances dealing with alleged violation be Chairperson of payment for hours of workthe Arbitration Board. If either party requests, rates of payand it is mutually agreed, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment a single Arbitrator may be brought forward at Step Noused. 1 If the two nominees or the parties fail to agree upon a Chairperson or single Arbitrator within the three months after time limit, The Minister of Labour will be requested to appoint Chairperson or Arbitrator. As soon as the circumstances giving rise Arbitration Board has been completed by the selection of a Chairperson or the selection of an 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 grievance occurred or originateduse of a single Arbitrator. It is further understood that the adjustment of any such grievance be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, No person shall be brought forward at Step Noselected as an arbitrator who has been directly involved in attempts negotiate or settle the grievance. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such No grievance shall be retroactive to considered by the first day Arbitration Board or Arbitrator unless it has been properly carried through all previous steps of the alleged violationgrievance procedure. The Arbitration Board or 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 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 be deemed fair and reasonable under the 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 Arbitrator, if any.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty working days after If the circum- stances giving rise to Union and the grievance occurred or originated Company cannot reach a settlement, either party may, within thirty (save and except grievances arising out of discharge cases in which case the grievance shall be brought forward within ten 30)calendar days of the employee being notified of his discharge), save and except grievances involving monetary items as defined reply given in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the EmployerStep No. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to Arbitration by nominating an Arbitrator. These time limits may be extend- ed, with mutual agreement. Within fifteen (15) days thereafter, the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a committee third member. The third member shall act as Chairman of the Association and Board. If agreement cannot be reached in respect to the respective committees appointment of the Chairman of the Board of Arbitration, the matter shall meet 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 five working days thereafter in an endeavour the time limits set out then the grievancewill be considered to settle have been dropped by the party instituting the grievance. If a satisfactory settlement is the responding party does not reached respond within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation time limits of the agreementGrievance Proce- dure, then the grieving party may process the grievance to the next step. No matter may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but Arbitration which has not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section been properly carried through all previous steps of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation grievance Procedure, except in the case of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward terminations where the Grievance Procedure will commence at Step No. 1 within the three months after the circumstances giving rise 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 occurred shall be 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 its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agree- ment, and shall have no authority to alter, amend, or originatedchange 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 further understood the intention of the parties that the adjustment 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 such grievance grievance. The parties shall act in good faith in proceeding griev- ances in accordance with the provisions in this Article. be retroactive to viewed in the first day presence of the alleged violation Store Manager. The Union acknowledges that the stewards have their regular duties to perform and that such persons will not leave their regular duties without receiving permission from the Store Manager or appointee, which permission will not be unreasonably withheld. The 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 three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationstore.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. Within twenty If the matter is not settled, then within five (5) working days of the Executive Director's reply, a Union Representative may request a meeting with the Executive Director. In such case the meeting shall be held between the Executive Director, a Union Representativeand the Union Xxxxxxx as soon as practicably possible but not later than ten (1O) working days after the circum- stances giving rise Executive Director receives notification the Union that the meeting is desired. If the matter is not disposed of at such a meeting, and if the Union wishes to proceed to arbitration, the grievance occurred or originated (save and except grievances arising out of discharge cases in which case the grievance shall be brought forward Union shall, within ten (10) working days of the employee being notified date of his discharge)such meeting but not thereafter, save 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 except grievances 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 hearings, agree that neither party shall be entitled to 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 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 monetary items as defined in Section belowa question of general applicationor interpretation occurs, or when the aggrieved employee with his business representative may present his Union or the Employer has a grievance, which Step of this Article may be and such grievances shall be reduced to writing to the Employerknown as "policy grievances". Should no settlement satisfactory to the employee be reached full working days, the next step in the The policy grievance procedure may shall not be taken at any time within ten full working days thereafterused for processing individual grievances. STEP NO. The Council When two or more employees wish to file a grievance committeearising from the same incident, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, the such grievance may be submitted to arbitration handled as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originated. It is further understood that the adjustment of any such grievance be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, "group grievance"and shall be brought forward at Step No. 1 within subjectto the period of time stipulated in Section herein or three months after the circumstances giving rise to the normal grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationprocedure.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty If the grievance is not settled at Step the Nurse and/or a representative of the Association may, 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 to the Medical Officer of Health or the nominee of the Medical Officer of Health and that officer shall give a decision in writing within five (5) working days of receipt of the grievance. Prior to the Medical Officer of Health (or his nominee) providing an answer hereunder, there shall be a meeting between the Employer and the Association at which an Employment Relations Officer from the Association shall attend in order to discuss and attempt to resolve the grievance. In the case of a Policy Grievance, the time limit for such decision shall be thirty (30) calendar days from the time of receipt of the grievance, If the grievance is not settled at Step No. then the Association may refer the grievance to arbitration. If no written request for arbitration is received within fifteen (15) working days after the circum- stances giving rise to final decision is given or after the grievance occurred or originated (save and except grievances arising out of discharge cases in which case final decision should have been given, the grievance shall be brought forward deemed to have been settled. Any of the time allowances provided above may be extended by mutual agreement 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 ten 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 employee being notified appointment of his discharge)the second of them, save and except grievances involving monetary items as defined in Section belowappoint 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 aggrieved employee with his business representative may present his grievance, which appointment shall be reduced 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 writing 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 Employerexpress intent or terms and conditions of this Agreement, or in any way modify, add to or detract from any provision of this Agreement. Should no settlement satisfactory Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the employee be reached full working daysArbitration 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 next step in the grievance procedure matter may be taken at any time within ten full working days thereafter. STEP NO. The Council up as a grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, the grievance may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originated. It is further understood that the adjustment of any such grievance be retroactive to the first day of the alleged violation within Grievance Procedure. Notwithstanding any other provisions of this Agreement grievances may be settled by confirming the three month period. Grievances dealing with alleged violation of payment for vacation Employer’s action or by any other arrangement which is just and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within equitable in the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention opinion of the and the Council and its member Unions affected parties or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment Board of any such grievance shall be retroactive to the first day of the alleged violationArbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. Within twenty A meeting shall be held between the Grievance Committee and the Plant Manager the Plant Capabilities Leader, Human Resources Manager, and Department Manager. At this meeting, the 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 ten working days after the circum- stances giving rise to grievance has been dealt with in Step No. after which the grievance occurred party seeking mediation or originated (save and except grievances arising out of discharge cases in which case the grievance shall be brought forward arbitration shall, within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, contact the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committeemediator or arbitrator, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, the grievance may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originated. It is further understood that the adjustment of any such grievance be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is requesting a date for a hearing. The mediator must be selected by mutual agreement of the longer periodCompany and the Union. It is further understood In the event that a mutually acceptable mediator cannot be selected, the adjustment grievance will be forwarded to arbitration. The Company and the Union will bear the expenses of any such grievance 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 retroactive 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 arbitrator who is next called to arbitrate within sixty (60) days from the request for a hearing, the parties shall move to the first day available arbitrator on the list. The first available date shall be the scheduled date for the hearing. Notwithstanding foregoing, no arbitrator will be 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 called but for his unavailability, for the next hearing that may arise. If none of the alleged violationarbitrators listed above is available within the 60-day time frame, the parties may choose an arbitrator by mutual agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty two working days after the circum- stances giving rise Coor- dinator has delivered his written decision to the Zone Xxxxxxx and the Chief Xxxxxxx, the following procedure will be followed: The grievance occurred 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 not settled within working days, or originated 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: 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 (save 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 Procedure and except grievances arising out of discharge cases Arbitration may be extended by mutual agreement between the Company and the Union, in which case writing. If arbitration is to be invoked, the request for arbitration must be made in writing within ten (10) working days after the 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 other party to this agreement. Within ten working days the party who initiated the grievance shall be brought forward within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing submit a letter to the Employerother party the name and ad- dress of its nominee to arbitration hoard. Should no settlement satisfactory With five (5) working days thereafter the other shall respond in a letter giving the and address of its nominee to the employee be reached full arbitration board. two arbitrators so nominated shall within working days, the next step in the grievance procedure may be taken at any time and if within ten full working days thereafterthey fail the grievance. STEP NOthey shall attempt to Chairman of an Arbi- tration Hoard. The Council grievance committee, if it considers it If they are unable to agree upon such a valid grievance, may submit within further peri- od of YO days they then request the grievance Minister of for the Province of Ontario to a committee of the Association and the respective committees shall meet within five working days thereafter assist them in selecting an impar- tial xxx who has involved in an endeavour attempt to negotiate or settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreementparties hereto will bear the ex- penses of the appointed by it, and the grievance may parties will jointly hear the expenses of the 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 made retroactive for a period as provided agreed to by the conferring parties or by a majority deci- sion of a Board of Arbitration, but in Article VI below at any time within twenty working days thereafter but not later, or referred no case will the settlement be made retroactive for a period greater than two months prior to the Ontario Labour Relations Board for arbitration pursuant last date on which the grievance was pre- sented in writing to Section the Company. The proceedings of the Ontario Labour Relations Act within a Arbitration Board will be expedited by the parties hereto, and the decision of the majority of such Board will be final and binding upon the parties hereto. At any stage of the grievance procedure in- cluding arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary wit- nesses, and all reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may arrangements will be brought forward at Step No. 1 within made to permit the three months after the circumstances giving rise conferring parties to have access to the grievance occurred or originated. It is further understood that plant to view disputed operations and to confer with the adjustment of any such grievance be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationnecessary witnesses.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. Within twenty working days after the circum- stances giving rise to the grievance occurred or originated (save and except grievances arising out of discharge cases in which case the grievance shall be brought forward within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees Union Grievance Committee shall meet within five working (5) days thereafter with management to consider the grievance. At this stage, they may be accompanied by a representative of the International Organization. A error in an endeavour to settle the written submission will not cause annulment of the grievance. If a satisfactory final settlement of the grievance is not reached completed within five working seven (7) days from this after the meeting in Step No. and if this the grievance is one which concerns the interpretation or alleged violation of the agreementAgreement, the grievance may be submitted referred by either party to arbitration as provided in Article VI below an arbitrator at any time within twenty working 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 and the Company concerning the interpretation, application or non-application, or violation of this Agreement, instead of following the procedure hereinbefore set out, may be submitted in writing by either of the parties to the 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 the Union may give notice in writing requiring a meeting within seven working days between such management representatives or such other senior officials of the 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 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 Ontario Labour Relations Board for notice of arbitration pursuant 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: Grievances processed under this section shall comply with the time limits set out above. Saturdays, Sundays and holidays shall not be counted in the time within which any action is to Section be taken in each of the Ontario Labour Relations Act within a reasonable foregoing stages. Any and all time which shall Grievances dealing with alleged violation of payment for hours of workfixed by this Article may, rates of payat any time, overtime, premiums (shift be extended by agreement in writing between the Company and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originatedUnion. It is further understood and agreed that the adjustment provisions of any Section of this Agreement may not be used by the Union to process the grievances of individual employees. Any employee grievance alleging unjust discipline or discharge may be referred to a single arbitrator as outlined in Where an arbitrator determines that a disciplinary penalty or discharge is excessive he or she will have the power to substitute such grievance be retroactive to other penalty for the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation discipline or discharge as he or she considers just and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated reasonable in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationall circumstances.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty working days after the circum- stances giving rise to the grievance occurred or originated (save and except grievances arising out of discharge cases in which case the grievance shall be brought forward within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the The aggrieved employee with his business representative or a Union Representative may present his grievance, signed grievance (which shall be reduced to writing on a form supplied by the Union and approved by the Company) to the Employer. Should no settlement satisfactory to Division Head concerned who shall consider it the employee be reached presence of the and a member the Grievance Committee, and the immediate Supervisor within O full working daysdays if possible. The Division Head shall render his decision in writing working days of the interview or any longer period which may be mutually agreed upon. no satisfactory settlement is reached, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NOThe aggrieved employee may submit his grievance in writing to the full Grievance Committee of the Union. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee Grievance Committee of the Association and the respective committees Union shall meet within five working days thereafter in an endeavour clays with the of Transportation and the Commissioner of Human Resources, or their representatives, to settle consider the grievance. At this they may be accompanied a representative of the International organization if his presence is requested by either party. If a satisfactory final settlement of the grievance is not reached completed within five working days from this meeting after deliberations with the of or his representative, have commenced and if this the grievance is one which concerns the interpretation or alleged violation of the agreement, the grievance may be submitted referred by either party to arbitration a Board of Arbitration as provided in Article VI below at below, any time within twenty working days thereafter after a decision been reached but not later. For the submission of grievances as provided above, or referred working days shall be as the days on which the Company's Head is open to the Ontario Labour Relations Board public for arbitration pursuant transaction of regular business, otherwise days are calendar days. Both parties to Section of this agreement agree any dispute or grievance concerning the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with interpretation or alleged violation of payment for hours this agreement, which has been properly carried through all the steps of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originated. It is further understood that procedure outlined in Article above, and which has not been settled, will be referred to a Board of Arbitration at the adjustment of any such grievance be retroactive to the first day of the alleged violation 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 three month periodnotification mentioned in above, the Minister of Labour of Province of Ontario will be asked to nominate the chairperson. Grievances dealing The Board of Arbitration constituted in the above manner shall deal only with alleged violation the matter in dispute, and the or majority decision of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, said Board shall be brought forward at Step No. 1 within the period binding on both The Board of time stipulated in Section herein Arbitration shall not have any power to or three months after the circumstances giving rise to the grievance were brought to the attention 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 to this agreement will bear the expenses of the arbitrator appointed by it; and the Council and its member Unions affected or parties will jointly bear the Association as expense, if any, of the case may be, whichever is the longer periodchairperson. It is further understood that the adjustment of any such grievance No person shall be retroactive selected as arbitrator who has been directly involved in attempts to negotiate or settle the first day of the alleged violationgrievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. Within twenty working fifteen days after thereafter, the circum- stances giving rise 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 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 occurred or originated (save and except grievances arising does not process it from one Step to the next within the time limits set out of discharge cases in which case above, then the grievance shall will be brought forward considered to have been dropped by the party institutingthe grievance. If the responding party does not respond within ten days the time limits of the employee being notified of his discharge)Grievance Procedure, save and except grievances involving monetary items as defined in Section below, then the aggrieved employee with his business representative grieving party may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit process the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievancenext step. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, the grievance No matter may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but Arbitration which has not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section been properly carried through all previous steps of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation grievance Procedure, except in the case of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward terminations where the Grievance Procedure will commence at Step No. 1 within the three months after the circumstances giving rise and such grievance will be submitted directly to the Vice President, Operations 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 (10) day period. Any agreement reached between the Company and the Union to resolve a grievance occurred shall be 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 its determination of the issues involved. In reaching its decisions, the Arbi- tration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or originatedchange the provisions of this Agreement. The findings and decisions of the Board of Arbitra- tion on all arbitrable questions shall be 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 Arbitration. It is further understood the intention of the parties that the adjustment 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 grievance 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 retroactive to viewed in the first day presence of the alleged violation Store Manager. The Union acknowledges that the stewards have their regular duties to perform 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 three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violationstore.
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty working days after In the circum- stances event the grievance is not settled at Step No. the Local may request arbitration of the grievance by giving rise notice in writing to the grievance occurred or originated Board within ten (save and except grievances arising out 10) days of discharge cases in which case receipt of the grievance 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 brought forward 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 remedy sought. 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 names of its appointee to the Arbitration Board. The two appointees so selected shall, within ten days of the employee being notified appointment of his discharge), save and except grievances involving monetary items as defined in Section belowthe second of them appoint a third person who shall be chair. If the two appointees fail to agree upon a chair within the time limit, the aggrieved employee with his business representative may present his grievanceappointment 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 reduced 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 chair shall govern. The Board of Arbitration shall not be authorized to writing add, delete, modify or otherwise amend the provisions of the Agreement nor make any decision inconsistent with the provisions of this Agreement, nor adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step No. of Article hereof. Each party hereto shall bear its own costs of, and incidental to, such arbitration proceedings. The fees and charges of the chair to the EmployerBoard of Arbitration shall be borne equally by the parties hereto. Should no settlement satisfactory Either party shall have the right to require the attendance of the at the Arbitration hearing. The time limits and other procedural requirements of this grievance procedure are mandatory. Any grievance not appealed from one step of the grievance procedure to the employee next within the specified time limit shall be reached full working daysdeemed 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 in of the grievance procedure may be taken at any time within ten full working days thereafterprocedure. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, the grievance No matter may be submitted to arbitration as provided in Article VI below 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 time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section stage of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. 1 within the three months after the circumstances giving rise to the grievance occurred or originated. It is further understood that the adjustment of any such grievance be retroactive to the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, procedure shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the final and the Council binding upon both parties and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violation.the
Appears in 1 contract
Samples: Collective Agreement
Step No. Within twenty working days after the circum- stances giving rise The Xxxxxxx shall deliver to the Director, Security Services or his designate, a copy of the written grievance occurred or originated (save and except grievances arising out of referred to under the heading Step No. A grievance with respect to discharge cases in which case the grievance shall be brought forward delivered to the aforesaid officer within ten five (5) days of the employee being notified discharge grieved. Within seven (7) days from receipt of the written grievance by the Director, Security Services or his discharge)designate, save or within such longer period as the Employer and except grievances involving monetary items as defined in Section belowthe Union may agree on, a joint composed of three ( 3 ) Union representatives designated by the aggrieved employee Union, along with his business representative may present his the Employer representatives, shall meet and attempt to settle the grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure 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 taken Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten full working (10) days thereafterafter the Employer’s decision has been rendered at Step No. STEP NOof the grievance procedure. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration. Grievance Mediation will within twenty-one days of the grievance being submitted to Mediation. The Council grievance committee, if it considers it a valid grievance, Grievance Mediation process is without prejudice to any position either party may submit take should the grievance matter be referred to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievanceArbitration. If a satisfactory settlement is not reached within five working days from this meeting and if this grievance is one which concerns the interpretation or alleged violation of the agreement, the grievance No matter may be submitted to arbitration as Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift grievance procedure. The Mediator will be from Independent Mediation Services and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may must be brought forward at Step No. 1 within the three months after the circumstances giving rise able to the grievance occurred or originatedmediation within the time set out in unless the parties mutually agree to extend the time periods for such Mediator. It is further understood that Proceedings before the adjustment Mediator shall be informal. Accordingly, the rules of any such grievance evidence will not apply, no record of the proceedings shall be retroactive made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the first day Mediator, and if possible, in advance of the alleged violation Grievance Mediation Conference. 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 reached within five (5) days following Grievance Mediation, the three month periodparties are free to submit the matter to Arbitration in accordance with Article In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Grievances dealing with alleged violation of payment for vacation Nothing said or done by the Mediator may be referred to at Arbitration. The Union and statutory holiday pension and welfare contributionsthe Employer will share the cost, Union Duesif any, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the Mediator. Notwithstanding Article Saturdays, Sundays and holidays are to be counted in the Council and its member Unions affected or the Association as the case may be, whichever is the longer periodtime limits for grievance mediation. It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violation.OS Arbitration
Appears in 1 contract
Samples: Collective Agreement