Common use of Step No Clause in Contracts

Step No. Within nine (9) calendar days following the 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 t i m e 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: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the 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 further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 employee could institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each would be entitled to grieve separately they may present-a group grievance writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance written statement of such grievance 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen

Appears in 1 contract

Samples: Collective Agreement

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Step No. Within nine (9) calendar days following the 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 t i m e 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: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Health Centre Administrator or his designee. A meeting will then be held between the Hospital Administrator or Health Centre Administratoror his designee and designeeand the Grievance Committee within Committeewithin nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and understoodand agreed that a representative of Canadian Unionof Public Employeesand the Canadian Union of Public Employees and the griever may be present at the meeting. It is further understood that the Hospital Health Centre Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital Health Centre shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital Health Centre and the Union concerning the concerningthe interpretation, ,application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of provisionsof 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 bypassed. Where a number of employees have identical grievances and each employee would be entitled to entitledto grieve separately they separatelythey may present-a presenta group grievance in writing identifying each employee who is grieving to the Department Head or Heador his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 a grievance if a written statement of such grievance is lodged by the employee with the hospital Health Centre 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

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: No. Within nine (9) calendar days following the 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 t i m e 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: Step No. Within nine (9) calendar 9)calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the 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 designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 bypassed. Where a number of employees have identical grievances and each would be entitled to grieve separately they may present-present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (144) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article 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 grievance written statement of such grievance is lodged by the employee with the hospital Hospital at Step No. within seven (7) calendar 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 equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. , Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to 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 deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All agreements reached under the grievance procedure 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 other party to this Agreement, and at the same time name 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 procedureArbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteenfourteen 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 nine The Union Grievance Committee shall meet within five (95) calendar days following with management to consider the decision under Step Nogrievance. At this stage, they may be accompanied by a representative of the employee may submit International Organization. A error in the written grievance to his Department Head who submission will deliver his decision in writing within nine (9) calendar days from not cause annulment of the date on which the written grievance was presented to himgrievance. The parties may, if they so desire, meet to discuss If final settlement of the grievance at a t i m e and place suitable to both parties. This step may be omitted where is not completed within seven (7) days after the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within nine (9) calendar days following the decision meeting in Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be submitted referred by either party to an arbitrator at any time within twenty-one (21) days thereafter but not later. The arbitrator shall be chosen from the list below on a rotating basis provided the arbitrator selected is able to accept the referral in writing to the Hospital or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days rotation: Xxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxx The decisions of the submission Arbitrator constituted in the above manner be binding on both parties. The Arbitrator not have any power to alter or change any of the grievance at Step Noprovisions 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. unless extended by agreement Each of the parties. It is understood and agreed that a representative parties to this Agreement will jointly bear the expenses of the Canadian Union of Public Employees and the may be present at the meetingArbitrator. It further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital No person shall be delivered writing within nine (9) calendar days following selected as arbitrator who has been involved in attempts to negotiate or settle the date of such meetinggrievance. A new complaint or grievance arising Any differences which arise directly between the Hospital Union and the Union Company concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 employee could institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each would be entitled to grieve separately they may presentnon-a group grievance writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance written statement of such grievance 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 action dismissing the employeeapplication, or reinstating the employee with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrableinstead of following the procedure hereinbefore set out, such grievance 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 written request for decision be given within seven days' period allowed above, the notice of arbitration is received may be given within eighteen (18) calendar fifteen days after the decision under Step Noexpiry of such seven working day period. givenWhere two or more employees in the same department have complaints which are sufficiently common in nature that they may be conveniently dealt with together, the such complaints shall constitute a group grievance and shall be handled as follows: A group grievance shall be deemed to have been abandonedpresented at Stage Two by a minimum of two (2) employees, accompanied by the appropriate number of Stewards or Grievance Committeemen. Where such A grievance affecting the entire department, or the plant as a written request whole, may be taken up by the Union at Stage Three of the Grievance Procedure. If a satisfactory solution is postmarked within sixteen (16) calendar days after not reached, the decision matter may be processed, including arbitration. Grievances processed under Step No. will be deemed to have been received within this section shall comply with the time limitslimits set out above. All agreements reached under Time Limits Saturdays, Sundays and holidays shall not be counted in the grievance procedure time within which any action is to be taken in each of the foregoing stages. Any and all time fixed by this Article may, at any time, be extended by agreement in writing between the representatives of the Hospital Company and the representatives Union. It is understood and agreed that the provisions of Section of this Agreement may not be used by the Union will be final and binding upon to process the Hospital and the Union and the grievances of individual employees. When either party requests Any employee grievance alleging unjust discipline or discharge may be referred to a single arbitrator as outlined in Where an arbitrator determines that any matter be a disciplinary penalty or discharge is excessive he or she will have the power to arbitration as provided in the foregoing Article, shall make substitute such request writing addressed to the other party to this Agreement, and at the same time name 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 penalty for the Province of Ontario shall have power to such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteendiscipline or discharge as he or she considers just and reasonable in all circumstances.

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine (9) calendar days following the decision under Step No. the employee nurse may submit the written grievance to his Department Head the Director of Nursing or her designate who will deliver his her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to himher. The parties may, if they so desire, meet to discuss the grievance at a t i m e 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, thenthen : Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designeeher designate. A meeting will then be held between the Hospital Administrator or his designee her designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the tI!e parties. It is understood and agreed that a representative of the Canadian Union of Public Employees Ontario Nurses’ Association and the may be present at the meeting. It is further understood that the Hospital Administrator or his designee her designate may have such counsel and assistance as he she may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following owing the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that A by t e Hospital shall e filed with the provisions of this Article may 'not be used with respect to a grievance directly affecting an employee which employee could institute and the regular grievance procedure shall not be thereby bypassedLocal or her designate. resident Where a number of employees nurses have identical grievances and each nurse would be entitled to grieve separately they may present-present a group grievance in writing identifying signed by each employee nurse who is grieving to the Department Head Director of Nursing or his designee her designate within fourteen (14) 14 calendar days after the circumstances giving rise to the t e grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 a probationary period nurse shall not be subject to the subject of grievance procedure unless the probationary nurse is released for exercising a grievance or right under this Agreement. A claim by an employee a nurse who has completed his her probationary period that he she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee nurse with the hospital 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine (9) calendar days following the decision under Step No. the employee nurse may submit t the written grievance to his Department Head the Director of Nursing or who will deliver his her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. her, The parties may, if they so desire, meet to discuss the grievance at a t i m e 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: Step No. Within .Within nine (9) calendar 9 calendar. days following followin the decision in Step No. the t e grievance may be submitted submit in writing to the Hospital Administrator or his designee. her designate A meeting will then t en be held between the Hospital Administrator or his designee her designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement a of the t e parties. It is understood and agreed that a representative xxxx t at a re of the Canadian Union of Public Employees Ontario Nurses' and the may be present at the meeting. It is further understood that the Hospital Administrator or his designee may her designate have such counsel and assistance as he she may desire at such meeting. within The decision of the Hospital Has shall be delivered writing within n nine (9) calendar days following the date of such meeting. date.; A new complaint or grievance arising grievance. -arising directly between the Hospital and the Union Association concerning the interpretation, application or alleged violation of the Agreement shall be e originated at Step No. within y t resident fourteen (14) calendar days following the circumstances giving rise to the complaint or grievanceA or her e Hospital shall e filed h the Local designate. 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 employee could institute and the regular grievance procedure shall not be thereby bypassed. or Where a number of employees nurses have identical grievances and each nurse would be entitled to grieve separately they may present-present a group grievance in writing identifying signed by each employee nurse who is i s grieving to the Department Head Director of Nursing or his designee her designate within fourteen (14) 14 calendar days after the circumstances giving rise to the t e grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be -be treated as being initiated at Step No. and the applicable provisions of this Article shall s all then apply with respect to the processing of such grievance. The release or discharge of an employee during to the probationary period grievance procedure shall not be the subject of is (released for a grievance or e this A nurse A claim by an employee who has completed his probationary a nurse as her pro period that he she has been unjustly discharged or suspended shall be treated as a grievance written statement en of such grievance lodged by the employee at S No. is lodge with the hospital at Step No. Hospital within seven (7) calendar days after the date the discharge or suspension sus is effected. Such special grievance may be settled under the se Grievance or Arbitration Procedure by: confirming the action dismissing the employee, or reinstating the employee with or without full compensation for the time lostnurse; or by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteenor

Appears in 1 contract

Samples: Collective Agreement

Step No. Within 1 The employee, with the assistance of a xxxxxxx, if desired, may submit 2 written grievance signed by the employee to his immediate supervisor. The grievance shalt identify the nature of the grievance an d the remedy sought and should identify the provisions the Agreement which are alleged to be violated. The immediate supervisor will deliver his in writing within nine (9) calendar days following the decision under Step day on which the was to him. Failing settlement. then: Within nine calendar the 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 t i m e time and place suitable to both parties. This step may be omitted where the employee's ’s immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. 3 Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 3 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 designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 3 within fourteen (14) calendar days following the 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 bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present-present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the . ! employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the 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 a grievance if a written statement of such grievance is lodged by the employee with the hospital Hospital at Step No. 3 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 action 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 equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, is such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. it will be deemed to have been received within the time limits. All agreements reached under the grievance procedure 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 other party to this Agreement, and at the same time name 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 procedureArbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteenfourteen calendar days, they shall then request 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. No matter may be submitted to arbitration which has not properly carried through all requisite steps of the Grievance Procedure. The Board shall not be to make any decision inconsistent with the this to after, modify, add or any part of this . i the decision the majority and, where is no of will be final and binding upon the hereto and the 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. Any employee covered by this Agreement who claims that he has been wrongfully dismissed or suspended shall have a reasonable opportunity to discuss such claim with the Union Xxxxxxx, in private, before leaving the premises of the Employer, and any such claim shall be processed as a grievance if a written statement of such grievance is lodged by the employee through the Union Xxxxxxx with the Department Head within seven calendar days after the employee has been notified of the termination of his employment or of his suspension. 8 TO Access to Personnel File Each employee shall have reasonable access to his/her personnel file for the purpose of I reviewing any evaluations or disciplinary notations contained therein, in the presence of the Manager, Human Resources or designate. An employee has the right to request copies of any evaluations in this file. I . . The Corporation will deliver to Rainy River personnel file within forty-eight hours of the request. of Record Any letter of or any other sanction be from the record of an employee eighteen months following the receipt of such letter, suspension or other provided that record has been discipline free one year. SENIORITY Page A new employee will be considered on until he has forty-five days of work (or hours of work for employees whose regular hours of work are other than the standard work day), within any twelve calendar months. Upon of the probationary period he shall be credited with seniority equal to forty-five working days. With the written consent of the Hospital, the probationary employee and the President of the Local Union or designate, such probationary period may be extended. Any extensions agreed to will be in writing and will specify the length of the extension. The release or discharge of an employee during the probationary period shall not be the subject of 2 grievance or arbitration. During the term of this agreement, the will establish a system of notifying new employees of the completion of their probationary period. of Seniority Part-time employees, including casual employees, will accumulate seniority on the basis . of one seniority for each hours worked in the bargaining of the last date of hire, except as otherwise provided herein. Seniority will operate on a bargaining unit wide basis. Full-time employees will accumulate seniority on the basis of their continuous in the bargaining unit from the last date of hire, except otherwise provided herein. Seniority will operate on a bargaining unit wide basis. Notwithstanding the above, employees hired prior to October will be credited with the seniority they held under the Agreement expiring September and will thereafter accumulate seniority in accordance with this Article.

Appears in 1 contract

Samples: Agreement

Step No. The employee, with the assistance of a Union representative may submit a written grievance, signed by her, to the Director, Radiation Therapy. The nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Director, Radiation Therapy will deliver her decision in writing within nine (9) calendar days following the day on which the grievance was presented to her (or any longer period which may be mutually agreed upon). Failing settlement, the next step in the grievance procedure may be taken. No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head the Hospital Administrator or alternate who will deliver his her 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 t i m e 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: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital or his designeeher. A meeting will then be held between the Hospital Administrator (or his designee designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the partiespatties. It is understood and agreed that a representative of the Canadian Union of Public Employees Ontario Nurses' Association and the may be present at the this meeting. It is further understood that the Hospital Administrator or his designee designate may have such counsel and assistance as she or he may desire at such meeting. The A decision of the Hospital Employer shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital Employer and the Union concerning the interpretation, application or alleged violation of the Agreement agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances circumstances, giving rise to the complaint or grievance. It is expressly understood, however, that A grievance by the provisions of this Article may 'not employer shall be used filed with respect to a grievance directly affecting an employee which employee could institute and the regular grievance procedure shall not be thereby bypassedbargaining unit President or her designate. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present-present a group grievance in writing identifying signed by each employee who is grieving to the Department Head responsible for their department or his designee alternate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an a probationary employee during the probationary period shall not be subject to the subject of grievance procedure unless the probationary employee is released for exercising a grievance right under this Agreement. Such release will not be arbitrary or discriminatory. A claim by an employee who has completed his her probationary period that he she has been been,unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the hospital Employer at Step No. within seven nine (79) 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to 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 deemed to have been abandoned. Where such The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. The parties may, upon mutual agreement, engage the of a written request is postmarked within sixteen (16) calendar days after mediator in an effort to resolve the decision under Step No. will be deemed to have been received within grievance and may extend the time limitslimits for the request for arbitration. All agreements reached under The parties will share equally the grievance procedure between the representatives fees and expenses, if any, of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. mediator, When either party requests that any matter a grievance be submitted to arbitration as provided arbitration, this request shall be made in the foregoing Article, shall make such request writing addressed to the other party of the agreement indicating the name and address of its nominee to this Agreement, and at the same time name a nomineearbitration board. 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine (9) calendar days following the decision under Step No. The employee, who may be accompanied by a stexxxx, xay submit a written grievance signed by 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 himdesignated by Hospital). The parties 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 Union and the Hospital may, if they so desire, meet to discuss the grievance at a t i m e time and place suitable to both parties. This step may be omitted where The (designate) will deliver his decision in writing within nine (9) calendar days following the employee's immediate supervisor and Department Head are day on which the same persongrievance was presented to him. Failing settlementsettlement or response, then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital or his designee(designated by Hospital). A meeting will then be held between the Hospital Administrator or his designee (designate) and the Grievance Committee within nine (9) calendar days of the 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 designee (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present-present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 a grievance if a written statement of such grievance is lodged by the employee with the hospital 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine If the grievance is not settled at Step No. the nurse and/or a representative of the Association may, within ten working days of the date of receiving the answer of the supervisor (9) calendar days following the decision or if no answer is received under Step No. then within ten (I0) working days after such answer ought to have been received) refer the employee may submit the written grievance to his Department Head who will deliver his the Director of Nursing and the Director of Nursing shall give a decision in writing within nine ten (9IO) calendar working days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss of receipt of the grievance at or a t i m e and place suitable to length of time agreed upon by both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within nine (9) calendar days following If the decision in grievance is not settled at Step No. the grievance may be submitted in writing to the Hospital or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee may, within nine (9) calendar ten working days of the submission date of receiving the answer of the Director of Nursing [or if no answer is received under Step then within ten (IO) working days after such answer ought to have been received] refer the grievance to the Medical Officer of Health who shall meet with the Committee and appropriate senior management staff within ten (10) working days of the referral, the Medical Officer of Health shall render his decision in within three ten 0) working days of such meeting. If the grievance is not settled at Step No. unless the Association may refer the grievance to arbitration. NOTE- Any of the time allowances provided may be extended by mutual agreement of between the parties. It is understood and agreed that Where a representative of the Canadian Union of Public Employees and the may be present at the meeting. It further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly difference arises between the Hospital and the Union concerning parties relating to the interpretation, application or alleged violation administration of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 employee could institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each would be entitled to grieve separately they may present-a group grievance writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance written statement of such grievance 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedures established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration as hereinafter providedand the notice shall contain the name of the first party's appointee to an Arbitration Board. If no written request for arbitration is received The recipient of the notice shall within eighteen three (183) calendar days after the decision under Step Noother party of the name of its appointee to the Arbitration Board. givenThe two (2) appointees so selected shall, within five (5) days of the grievance shall be deemed appointment of the second of them appoint an arbitrator, or if the appointee fails to have been abandoned. Where such agree upon a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received Chairman within the time limitslimited, the appointment be made by the Minister of Labour for Ontario upon request of either party. All agreements reached under The Arbitration Board shall hear and determine the grievance procedure between the representatives of the Hospital difference or allegation and shall issue a decision and the representatives of the Union will be decision is final and binding upon the Hospital parties and the Union and the employees. When either party requests that upon any matter be to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto nurse affected by the party invoking arbitration procedureit. The two nominees shall attempt to select by agreement a chairman decision of the majority is the decision of the Arbitration Board, but if there is no the decision of the Chairman governs. If they are unable The Board shall not have any authority to agree upon such alter or change any of the provisions of the Agreement or to substitute any new provisions in lieu thereof, or to give any decision contrary to the express intent or terms and conditions of this Agreement, or in any way modify, add to or detract from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointeeto the Arbitration Board, and will share equally the fees and disbursements of the Chairman. In the event a chairman within nurse is discharged and it is considered an injustice has been done, the matter may be taken up as a period grievance at Step No. of fourteenthe Grievance Procedures. any other provision of this Agreement, grievances may be settled by confirming the Employer's action or by any other arrangement which is just and equitable in the opinion of the parties or the Arbitration Board.

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine (9) calendar days following the 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 t i m e 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: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood further 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 designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article 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 bypassedby passed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately separately, they may present-present a group grievance in writing identifying each employee who is grieving to the Department department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 a grievance if a written statement of such grievance is lodged by the employee with the hospital 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 grievance or Arbitration Procedure by: confirming the action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine (9) calendar days following the decision under Step No. the employee nurse may submit the written grievance to his Department Head the Director of Nursing or her designate who will deliver his her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to himher. The parties may, if they so desire, meet to discuss the grievance at a t i m e 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, thenthen : Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designeeher designate. A meeting will then be held between the Hospital Administrator or his designee her designate and the Grievance Committee within nine (9) calendar days of the 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 Ontario Nurses' Association and the may be present at the meeting. It is further understood that the Hospital Administrator or his designee her designate may have such counsel and assistance as he she may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new copy of the third step grievance reply will be provided to the Employment Relations Officer. A complaint or grievance arising directly between the Hospital and the Union Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that A grievance by the provisions of this Article may 'not Hospital shall be used filed with respect to a grievance directly affecting an employee which employee could institute and the regular grievance procedure shall not be thereby bypassedLocal President or her designate. Where a number of employees nurses have identical grievances and each nurse would be entitled to grieve separately separately, they may present-present a group grievance in writing identifying signed by each employee nurse who is grieving to the Department Head Director of Nursing or his designee her designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 a probationary period nurse shall not be subject to the subject of grievance procedure unless the probationary nurse is released for exercising a grievance or right under this Agreement. A claim by an employee who a nurse has completed his her probationary period that he she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance lodged by the employee nurse with the hospital 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

Step No. The nurse may submit a written grievance, signed by the nurse, to her immediate supervisor. The grievance shall be on a form referred to in Article and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are to be violated. The immediate supervisor will de her decision in writing within nine (9) calendar days following the day on which the grievance was presented to her. Failing settlement, then: Step No. Within nine (9) calendar days following the decision under Step No. the employee nurse may submit the written grievance to his Department Head the Director of Nursing or her designate who will deliver his her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. her, The parties may, if they so desire, meet to discuss the grievance at a t i m e 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: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designeeher designate. A meeting will then be held between the Hospital Administrator or his designee her designate and the Grievance Committee within nine (9) calendar days of the 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 Ontario Nurses’ Association and the may be present at the meeting. It i s further understood that the Hospital Administrator or his designee her designate may have such counsel and assistance as he she may desire at such meeting. The decision of the Hospital shall be delivered n writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that A grievance by the provisions of this Article may 'not be used Hospital shall e filed with respect to a grievance directly affecting an employee which employee could institute and the regular grievance procedure shall not be thereby bypassedlocal President or her designate. Where a number of employees nurses have identical grievances and each nurse would be entitled to grieve separately they may present-present a group grievance in writing identifying signed by each employee nurse who is grieving to the Department Head Director of Nursing or his designee her designate within fourteen (14) 14 calendar days after the circumstances giving rise to the t e grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 a probationary period nurse shall not be subject to the subject of grievance procedure unless the probationary nurse is released for a grievance or right under this A A claim by an employee a nurse who has as completed his probationary her pro period that he she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee nurse with the hospital 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine (9) calendar days following the 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 t i m e 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: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital The Health CentreAdministrator or his designee. .A meeting will meetingwill then be held between the Hospital The Health Centre Administrator or his designee and the Grievance Committee within nine (9) calendar days of the 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 understoodthat The Health Centre Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital The Health Centre shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital The Health Centre and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present-present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or releaseor discharge of an employee during employeeduring 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 a grievance if a written statement of such grievance is lodged by the employee with the hospital The Health Centre 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

Step No. The nurse may submit a written grievance, signed by the nurse, to her supervisor. The grievance shall be on a form referred to in Article and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are to be violated. The will de her decision in within nine (9) calendar days following the day on the presented to her. Failing settlement, then: Step No. Within nine (9) calendar days following the decision under Step No. the employee nurse may submit the written grievance to his Department Head the Director of Nursing or her designate who will deliver his her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to himher. The parties may, if they so desire, meet to discuss the grievance at a t i m e 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: Step No. Within nine (9) 9 calendar days following the decision in Step No. the t e grievance may be submitted in writing to the Hospital Administrator or his designeeher designate. A meeting will then be held between the Hospital Administrator or his designee her designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step xxxx that No. unless extended by agreement of the t e parties. It is i s understood and agreed that a a representative of the Canadian Union of Public Employees Ontario Nurses' and the may be present at the meeting. It i s further understood that the Hospital Administrator or his designee her designate may have such counsel and assistance as he she may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. resident A new complaint or grievance arising .arising directly between the Hospital and the Union Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that A by the provisions of this Article may 'not be used Hospital shall e filed with respect to a grievance directly affecting an employee which employee could institute and the regular grievance procedure shall not be thereby bypassedLocal or her designate. Where a number of employees nurses have identical grievances and each nurse would be entitled to grieve separately they may present-present a group grievance in writing identifying signed by each employee nurse who is grieving to the Department Head Director of Nursing or his designee her designate within fourteen (14) 14 calendar days after the circumstances giving rise to the t e grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be -be treated as being initiated at Step this Article No. and the applicable provisions of this Article shall all then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period a .-probationary nurse shall not be subject to the subject of grievance procedure unless the nurse for a grievance or right. under this A A claim by an employee nurse who has completed his probationary period as her pro that he she has been unjustly discharged or suspended shall be treated as a grievance written If en statement of such grievance is lodged by the employee nurse with the hospital Hospital at Step No. within seven (7) calendar days after the the. date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

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 Agree- ment which are alleged to be violated. The supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step No. Within nine (9) calendar days following the decision under un- der 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 dis- cuss the grievance at a t i m e time and place suitable to both parties. This step may be omitted where the employee's ’s immediate supervisor and Department Head are the same person. Failing settlement, settlement then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting meet- ing will then be held between the Hospital Administrator Administra- tor or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the partiespar- ties. 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 designee may have such counsel and assistance as he may desire at such meetingmeet- ing. The decision of the Hospital shall be delivered in writing within nine (9) calendar 9)calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar calen- dar days following the 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 em- ployee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately separately, they may present-present a group grievance writing in writ- ing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 a grievance if a written statement of such grievance is lodged by the employee with the hospital 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: General Hospital

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Step No. Within nine The Union Grievance Committee shall meet within five (95) calendar working days following with management to consider the decision under Step Nogrievance. At this stage, they may be accompanied by a representative of the employee may submit International Organization. A technical error in the written grievance to his Department Head who submission will deliver his decision in writing within nine (9) calendar days from not cause annulment of the date on which the written grievance was presented to himgrievance. The parties may, if they so desire, meet to discuss If final settlement of the grievance at a t i m e and place suitable to both parties. This step may be omitted where is not completed within seven (7) working days after the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within nine (9) calendar days following the decision meeting in Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be submitted referred by either party to an arbitrator at any time within twenty-one (21) days thereafter but not later. The arbitrator shall be chosen from the list below on a rotating basis provided the arbitrator selected is able to accept the referral in writing to the Hospital or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days rotation: Xxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxx The decisions of the submission 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 grievance at Step Noprovisions 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. unless extended by agreement Each of the parties. It is understood and agreed that a representative parties to this Agreement will jointly bear the expenses of the Canadian Union of Public Employees and the may be present at the meetingArbitrator. It further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital No person shall be delivered writing within nine (9) calendar days following selected as arbitrator who has been involved in attempts to negotiate or settle the date of such meetinggrievance. A new complaint or grievance arising Any differences which arise directly between the Hospital Union and the Union Company concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 employee could institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each would be entitled to grieve separately they may present-a group grievance writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance written statement of such grievance 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 action dismissing the employeenon application, or reinstating the employee with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrableinstead of following the procedure hereinbefore set out, such grievance 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 written request for arbitration is received decision be given within eighteen (18) calendar days after the decision under Step No. givenseven days' period allowed above, the notice of arbitration may be given within fifteen working days the expiry of such seven day period. Where two or more employees in the same department have complaints which are sufficiently common in nature that they may be conveniently dealt with together, such complaints shall constitute a group grievance and shall be handled as follows: A group grievance shall be deemed to have been abandonedpresented at Stage Two by a minimum of two employees, accompanied by the appropriate number of Stewards or Grievance Committeemen. Where such A grievance affecting the entire department, or the plant as a written request whole, may be taken up by the Union at Stage Three of the Grievance Procedure. If a satisfactory solution is postmarked within sixteen (16) calendar days after not reached, the decision matter may be processed, including arbitration. Grievances processed under Step No. will be deemed to have been received within this section shall comply with the time limitslimits set out above. All agreements reached under Time Limits Saturdays, Sundays and holidays shall not be counted in determining the grievance procedure time within which any action is to be taken in each of the foregoing stages. Any and time limits fixed by this Article may, at any time, be extended by agreement in writing between the representatives of the Hospital Company and the representatives Union. It is understood and agreed that the provisions of Section of this Agreement may not be used by the Union will be final and binding upon to process the Hospital and the Union and the grievances of individual employees. When either party requests Any employee grievance alleging unjust discipline or discharge may be referred to a single arbitrator as outlined in Where an arbitrator determines that any matter be a penalty or discharge excessive he or she will have the power to arbitration as provided in the foregoing Article, shall make substitute such request writing addressed to the other party to this Agreement, and at the same time name 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 penalty for the Province of Ontario shall have power to such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteenor discharge as he or she considersjust and reasonable in all

Appears in 1 contract

Samples: Agreement

Step No. Within nine If the grievance is not settled at Step the Nurse and/or a representative of the Association may, within ten (910) calendar working days following of the decision date of receiving the answer of the Director of Nurses (or if no answer is received under Step No. within ten (10) working days after such answer ought to have been received) refer the employee may submit the written grievance to his Department Head who will deliver his the Medical Officer of Health or the nominee of the Medical Officer of Health and that officer shall give a decision in writing within nine five (95) 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 date on which time of receipt of the written grievance was presented to him. The parties maygrievance, if they so desire, meet to discuss If the grievance at a t i m e 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: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance is not settled at Step No. unless then the Association may refer the grievance to arbitration. If no written request for arbitration is received within fifteen (15) working days after the final decision is given or after the final decision should have been given, the grievance shall be deemed to have been settled. Any of the time allowances provided above may be extended by mutual agreement of between the parties. It is understood and agreed that 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 representative of the Canadian Union of Public Employees and the may be present at the meeting. It further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly difference arises between the Hospital and the Union concerning parties relating to the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 employee could institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each would be entitled to grieve separately they may present-a group grievance writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance written statement of such grievance 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted 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 as hereinafter providedand the contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within five (5) days inform the other party of the name of its appointee to the Arbitration Board. The two ( 2 ) appointees so selected shall, within five ( 5 ) days of the appointment of the second of them, appoint a third (3rd) person who the Chairman. If no written request for arbitration is received within eighteen (18the recipient of the notice fails to appoint an Arbitrator, or if the two ( 2 ) calendar days after the decision under Step No. given, the grievance shall be deemed appointees fail to have been abandoned. Where such agree upon a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received Chairman within the time limits. All agreements reached under limit, the grievance procedure between appointment shall be made by the representatives Minister of Labour of the Hospital 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 representatives of the Union will decision shall be final and binding upon the Hospital parties and the Union and the employees. When either party requests that upon any matter be to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto Nurse affected by the party invoking arbitration procedureit. The two nominees shall attempt to select by agreement a chairman decision of the majority the decision of the Arbitration Board, but if there is no majority the decision of the Chairman governs. If they are unable The Arbitration Board shall not have any authority to agree upon such alter or change any of the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions of this Agreement, or in any way modify, add to or detract from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration Board, and will share equally the fees and disbursements of the Chairman. In the event that a chairman within Nurse is suspended or discharged and it is considered that an injustice has been done, the matter may be taken up as a period grievance at Step No. of fourteenthe Grievance Procedure. Notwithstanding any other provisions of this Agreement grievances may be settled by confirming the Employer’s action or by any other arrangement which is just and equitable in the opinion of the parties or the Board of Arbitration.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

Step No. Within nine (9) calendar days following the 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 t i m e time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same personper- son. Failing settlement, then: Step No. Within nine (9) calendar days following the decision in i n Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is i s 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 designee may have such counsel and assistance assfstance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly directly-between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understoodunder- stood, however, that the provisions of this Article may 'not be Of Page of Pages used with respect to a grievance directly affecting an employee which such employee could institute himself Institute and the regular grievance griev- ance procedure shall not be thereby bypassed. Where , a number of employees have identical grievances and each employee would be entitled to grieve separately they may present-present a group grievance i n writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions pro- visions of this Article shall then apply with respect to t o the processing pro- cessing 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 a grievance if a written statement of such grievance i s lodged by the employee with the hospital Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is i s effected. Such special grievance may be settled under the Grievance Griev- ance or Arbitration Procedure by: confirming the action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine (9) calendar days following the decision under Step No. the employee nurse may submit the written grievance to his Department Head the Director of Nursing or her designate who will deliver his her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to himher. The parties may, if they so desire, meet to discuss the grievance at a t i m e 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, thenthen : Step No. Within nine (9) 9 calendar days following the decision in Step No. the t e grievance may be submitted in writing to the Hospital Administrator or his designeeher designate. A meeting will then be held between the Hospital Administrator or his designee her designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step xxxx that No. unless extended by agreement of the t e parties. It is understood and agreed that a a representative of the Canadian Union of Public Employees Ontario Nurses' and the may be present at the meeting. It is further understood that the Hospital Administrator or his designee her designate may have such counsel and assistance as he she may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date date. of such meeting. A new complaint or grievance arising -arising directly between the Hospital and the Union Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that A y the provisions of this Article may 'not be used Hospital shall e filed with respect to a grievance directly affecting an employee which employee could institute and the regular grievance procedure shall not be thereby bypassedLocal or her designate. Bresident Where a number of employees nurses have identical grievances and each nurse would be entitled to grieve separately they may present-present a group grievance in writing identifying signed by each employee nurse who is grieving to the Department Head Director of Nursing or his designee her designate within fourteen (14) 14 calendar days after the circumstances giving rise to the t e grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be -be treated as being initiated at Step No. and the applicable provisions of processing of such grievance. this Article shall xXxxx then apply with respect to the processing -The-release of such grievance. The release or discharge of an employee during the probationary period a nurse shall not be subject to the subject of grievance procedure unless the probationary nurse for a grievance or right under this A A claim by an employee a nurse who has completed his probationary as c her pro period that he she has been unjustly discharged unjust or suspended shall be treated as a grievance written f a writ en statement of such grievance is lodged by the employee nurse with the hospital Hospital at Step No. within seven (7) calendar days after the the. date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine (9) calendar days following the 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 t i m e 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: Step No. Within nine (9( 9 ) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the 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 designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the t h e 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 bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately separately, they may present-present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to t o have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this t h i s 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 a grievance if a written statement of such grievance is lodged by the employee with the hospital 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within 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 (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step No. Within nine (9) calendardays following the 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 presentedto him. The parties may, if they so desire, meet to discuss the grievance at a t i m e 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: Step No. No Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing inwriting to the Hospital HospitalAdministrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the 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 designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine within.nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 bypassed. Where a number of numberof employees have identical grievances identicalgrievances and each employee would be entitled to grieve separately they may present-present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 a grievance if a written statement of such grievance is lodged by the employee with the hospital 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine seven (9) calendar days following the 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 t i m e 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: Step No. Within nine (97) calendar days following the decision in Step No. the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the Hospital or his designeedesignate. A meeting will then be held between the Hospital Administrator Chief Executive Officer or his designee designate and the Grievance Committee within nine seven (97) calendar days of the 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 further understood that the Hospital Administrator or his designee either party may have such counsel and assistance as he they may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine fourteen (914) calendar days following the date of such meeting. Grievance A new complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 employee he could institute have instituted himself and the regular grievance procedure shall not be thereby bypassed. Where the grievance is a it be filed with the Local Union President or designate. a number of employees have identical grievances and each one would be entitled to grieve separately they may present-present a group grievance writing identifying in writing, signed by each employee who is grieving grieving, to the Department Head or his designee designate within fourteen (14) calendar days after the giving rise to the grievance have occurred or ought reasonably to have come to the attention of the occurred. The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing handling of such grievance. The release or discharge pursuant to Section subsection (2) of an the Relations Act, the parties confirm that the of a probationary 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 a 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 sealed under the Grievance or Arbitration Procedure by: confirming the action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine (9) calendar days following the decision under Step No. The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by 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 himHead. The parties grievance shall the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Health Centre may, if they so desire, meet to discuss the grievance at a t i m e time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and The Department Head are will deliver his decision in writing within nine (9) calendar days following the same personday on which the grievance was presented to him. Failing settlementsettlement or response, then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Health Centre Administrator or his designee. A meeting will then be held between the Hospital Health Centre Administrator or his designee and the Grievance Committee within nine (9) calendar days of the 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 Health Centre Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital Health Centre shall be delivered writing in within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital Health Centre and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 employee could such himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present-present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at apply Step No. and the 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 a grievance if a written statement of such grievance is lodged by the employee employee-with the hospital Health Centre 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within nine (9) calendar days following the decision under Step No. the employee nurse may submit the written grievance to his Department Head the Director of Nursing or her designate who will deliver his her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to himher. The parties may, if they so desire, meet to discuss the grievance at a t i m e 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: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designeeher designate. A meeting will then be held between the Hospital Administrator or his designee her designate and the Grievance Committee within nine (9) calendar days of the 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 Ontario Nurses' and the may be present at the meeting. It is further understood that the Hospital Administrator or his designee her designate may have such counsel and assistance as he she may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union Association concerning the interpretation, application or alleged violation -violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that A grievance by the provisions of this Article may 'not be used Hospital shall e filed with respect to a grievance directly affecting an employee which employee could institute and the regular grievance procedure shall not be thereby bypassedLocal President or her designate. Where a number of employees nurses have identical grievances and each nurse would be entitled to grieve separately they may present-present a group grievance in writing identifying signed by each employee nurse who is grieving to the Department Head Director of Nursing or his designee her designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the 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 a probationary period nurse shall not be subject to the subject of grievance procedure unless the probationary nurse is released for exercising a grievance or right under this Agreement. A claim by an employee a nurse who has completed his her probationary period that he she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee nurse with the hospital 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

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 (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step No. Within nine (9) calendar days following the 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 t i m e 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, settlement then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or Executive Director of his designee and the Grievance Committee within nine (9) calendar days of the 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 designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the 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 bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present-present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an any 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 a grievance written statement of such grievance is lodged by the employee with the hospital 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 action 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 equitable. Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge writing. The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the time limits. All 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 to arbitration as provided in the foregoing Article, shall make such request writing addressed to the other party to this Agreement, and at the same time name 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 such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen:

Appears in 1 contract

Samples: Collective Agreement

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