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: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital 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 A 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 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. processing of such grievance. The release or discharge of 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee employee, who may submit request the assistance of a written grievance signed by (one) Xxxxxxx or the employee Chief Xxxxxxx, shall present the grievance, in writing, to his immediate supervisorSupervisor within five (5) working days after the circumstances giving rise to the grievance have occurred. The grievance employee’s immediate Supervisor shall identify render his decision, in writing, within five (5) working days following the nature presentation 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: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same personthis Step. Failing settlement then: Within nine (9) calendar days following the decision in at Step No. the grievance may be submitted in writing appealed within five (5) working days following the written decision under Step to the Hospital Administrator Personnel Manager or his designeedesignate. A meeting will then be held between The Personnel Manager or his designate shall discuss the Hospital Executive Director of his designee grievance with the Union Representative and the Grievance Committee within nine Xxxxxxx (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 meetingrequest of either party), within five (5) working days of the Step meeting request. It is further understood that the Hospital Administrator The Personnel Manager or his designee may have such counsel and assistance as he may desire at such meeting. The decision of designate shall answer the Hospital shall be delivered grievance, in writing writing, within nine five (95) calendar working days following the date of such A complaint discussion with the Union Representative. Failing settlement at Step the grievance may be submitted to Arbitration within ten working days followingthe written decision Personnel Manager or grievance arising directly between the Hospital his designate. Any differencearisingdirectly betweenthe Union and the Union concerning Company relating to the interpretation, application application, or alleged violation allegedviolation of the Agreement shall may be originated presented by either party as a Policy Grievance within fifteen (15) days after the date when the subject matter of the grievance first arose commencing 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 paragraph shall not be used with respect to a grievance directly affecting an employee which such the employee could himself institute and the herself institute. The regular grievance procedure shall not be thereby bypassedbypassed unless the employee is physically unable due to medical reasons to process her own grievance. Where a number Replies to all written grievances shall be in writing at all stages. Any grievance concerning or affectinga group of employees have identical grievances and each employee would may be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to originated under Step The Company shall provide the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to necessary facilities for the grievance have occurred or ought reasonably meetings. Any grievance not presented in accordance with the time limits as set out in Step of this Article shall be deemed to have come to been abandoned. However, any and all time limits fixed by this Article may, at any time, be extended by written agreement between the attention Company and the Union. All decisions arrived at between the Company and the Representative of the The grievance Union shall then be treated as being initiated at Step Nofinal and binding upon the Company and the Union, and the concerned. processing of such grievance. The release or discharge of any employee during the probationary period shall Saturdays, Sundays, and paid holidays designated in this Agreement, if not worked, will not be counted in determining the subject of a grievance time in which any action isto be taken 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance Procedure or Arbitration Procedure by:Procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. The employee nurse may submit a written grievance grievance, signed by the employee nurse, to his immediate 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 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: 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 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: 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 Executive Director of his designee and the Grievance Committee within nine (9) Administrator calendar days of the submission of the grievance at Step 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 is 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. A 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 such employee could himself 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 employee nurse would be entitled to grieve separately they may 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. processing of such grievance. The release or discharge of any employee during the probationary period shall not be the subject of for a grievance or arbitrationright. 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 If en statement of such grievance is lodged by the employee nurse with the 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:
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: 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 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 thensettlement, then : 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 Executive Director of his designee and the Grievance Committee within nine (9) Administrator calendar days of the submission of the grievance at Step 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 of such date. A 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 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. Bresident Where a number of employees nurses have identical grievances and each employee nurse would be entitled to grieve separately they may 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. The release or discharge of any employee during this Article xXxxx then apply with respect to 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 she has been unjustly discharged unjust or suspended shall be treated as a grievance f a writ en statement of such grievance is lodged by the employee nurse with the 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:
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: 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 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 thensettlement, then : 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 Executive Director of his designee Administrator or 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 A 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 bypassedmeeting. Where a number of employees nurses have identical grievances and each employee nurse would be entitled to grieve separately they may 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 any 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 arbitrationright 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 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:
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee Union Grievance Committee shall meet within five (5) working days with management to consider the grievance. At this stage, they may submit be accompanied by a representative of the International Organization. A technical error in the written grievance signed by submission will not cause annulment of the employee to his immediate supervisorgrievance. The grievance shall identify the nature If final settlement of the grievance and is not completed within seven (7) working days after 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: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision meeting in Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to an arbitrator at any time within twenty-one (21) days thereafter but not later. The arbitrator shall be chosen from the list below on a rotating basis provided the arbitrator selected is able to accept the referral in rotation: Xxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxx The decisions of the Arbitrator constituted in the above manner shall be binding on both parties. The Arbitrator shall not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will jointly bear the expenses of the Arbitrator. No person shall be selected as arbitrator who has been involved in attempts to negotiate or settle the grievance. Any differences which arise directly between the Union and the Company concerning the interpretation, application or non application, or violation of this Agreement, instead of following the procedure hereinbefore set out, may be submitted in writing by either of the parties to the Hospital Administrator 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 his designeethe Union may give notice in writing requiring a meeting within seven working days between such management representatives or such other senior officials of the Company as the Company may designate for this purpose and a representative of the International Union of the United Steelworkers of America accompanied if he so desires by a Grievance Committee to discuss the matter. The decision of the party to whom the matter was first submitted shall be given within seven days after such meeting. In the event that any difference concerning the interpretation, application or non-application, or violation of this Agreement shall not have been satisfactorily settled under the foregoing provisions, the matter may then, by notice in writing given by one party to the other, within fifteen working days from the giving of the decision of the management representative at Stage Three, or the decision of the Company in the preceding paragraph, be referred to arbitration as hereinafter provided. If no decision be given within seven days' period allowed above, the notice of arbitration may be given within fifteen working days the expiry of such seven day period. Where two or more employees in the same department have complaints which are sufficiently common in nature that they may be conveniently dealt with together, such complaints shall constitute a group grievance and shall be handled as follows: A group grievance shall be presented at Stage Two by a minimum of two employees, accompanied by the appropriate number of Stewards or Grievance Committeemen. A meeting will then grievance affecting the entire department, or the plant as a whole, may be held between taken up by the Hospital Executive Director Union at Stage Three of his designee and the Grievance Committee Procedure. If a satisfactory solution is not reached, the matter may be processed, including arbitration. Grievances processed under this section shall comply with the time limits set out above. Saturdays, Sundays and holidays shall not be counted in determining the time within nine (9) calendar days which any action is to be taken in each of the submission of the grievance foregoing stages. Any and time limits fixed by this Article may, at Step No. unless any time, be extended by agreement of in writing between the partiesCompany and the Union. 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 A 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 Section of this Article Agreement may not be used with respect by the Union to process the grievances of individual employees. Any employee grievance alleging unjust discipline or discharge may be referred to a grievance directly affecting single arbitrator as outlined in Where an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where arbitrator determines that a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (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. processing of such grievance. The release penalty or discharge of any employee during excessive he or she will have the probationary period shall not be power to substitute such other penalty for the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that discharge as he has been unjustly discharged or suspended shall be treated as a grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:she considersjust and reasonable in all
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: 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 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: 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 Executive Director of 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 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 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 shall then apply with respect to the processing of such grievance. The release or discharge of any an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar 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 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 this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted arbitration as hereinafter provided. If no written request for arbitration is received within eighteen 18) calendar days after the decision under Step No. is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen calendar days after the decision under Step No. deemed to have been received within the time limits. agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman, No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Nu matter may be submitted to arbitration which has not been properly carried through all requisite steps the Grievance Procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section of The Labour Relations Act. Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply. ARTICLE ACCESS TO
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee employee, who may be accompanied by a stexxxx, xay submit a written grievance signed by the employee to his immediate supervisor(designated by Hospital). 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 Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlementsettlement or response, then: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee(designated by Hospital). A meeting will then be held between the Hospital Executive Director of 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 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 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 any 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 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:
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may submit a written grievance signed Within five (5) working days after the decision is given at Step No. the aggrieved employee, accompanied by the employee representative of the Union, shall meet as promptly as possible with the President and CEO and such persons as Management may desire, to his immediate supervisorconsider the grievance. The grievance shall identify the nature of the grievance President and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor CEO will deliver render his decision in writing within nine ten (910) calendar working days following the day on which the grievance was presented to himsuch meeting. Failing settlement, then: 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 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 If final settlement then: 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 Executive Director of his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance is not reached at Step No. unless extended by agreement of and if the parties. It grievance is understood and agreed that a representative of one which concerns 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 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application interpretation or alleged violation of the Agreement Agreement, then the grievance may be referred in writing by either party to Arbitration as provided in Article below at any time within fifteen (15) calendar days after the decision is given under Step No. and, if no such written request for Arbitration is received within the time limits, then it shall be originated deemed to have been abandoned. A Union policy grievance, which is defined as an alleged violation of this Agreement concerning all or a substantial number of the employees in the bargaining unit in regard to which an individual employee could not grieve, may be lodged by the Union in writing with the President and CEO at Step No. within fourteen (14) calendar days following of 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 a group grievance in writing identifying each employee who is grieving to the Department Head or his designee at any time within fourteen five (145) calendar full working days after the circumstances giving rise to the such grievance have occurred or ought reasonably originated, and if it is not satisfactorily settled it may be processed to have come to the attention of the The grievance shall then be treated as being initiated at Step No. processing and to arbitration in the same manner and to the same extent as the grievance of such grievancean employee. The release time limits fixed in the grievance procedure may be extended with the consent of the parties of this Agreement. Union or discharge stewards will be allowed to process grievances on Corporation time with no loss of pay to the extent outlined in Article Both parties to this Agreement agree that any employee during dispute or grievance concerning the probationary period interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article above, and which has not been settled, will upon the written request of either of the parties hereto, be referred to a Board of Arbitration or Single Arbitrator. The Board of Arbitration will be composed of one (1) person appointed by the Corporation, one (1) person appointed by the Union and a third person to act as Chairman chosen by the other two (2) members of the Board. Within three (3) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee. Should the person chosen by the Corporation to act on the Board, and chosen by the Union, fail to agree on a third person within seven (7) days of the notification mentioned in above, the Federal Minister of Labour will be asked to nominate a person to act as Chairman. A Single Arbitrator will be chosen accordance with the Canada Labour Code. The decision of a Single Arbitrator or Board of Arbitration, or a majority thereof, constituted in the above manner shall be binding on both parties. The Single Arbitrator or Board of Arbitration shall not be have any power to alter or change any of the subject provisions of a grievance this Agreement or arbitrationto substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will bear the expenses of the Arbitrator appointed by it; and the parties will jointly bear the expenses, if any, of the Chairman, or Single Arbitrator. Article Suspension or Dismissal A claim by an employee who has completed his the probationary period that he has been unjustly discharged or suspended disciplined without cause shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. General Manager within seven three (73) calendar full working days after the date the discharge employee has been discharged or suspension is effecteddisciplined. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Bargaining 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: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9( 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 Executive Director of 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 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 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 t h i s Article shall then apply with respect to the processing of such grievance. The release or discharge of any 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 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:
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may submit a Within two working days after the Coor- dinator has delivered his written grievance signed by decision to the employee to his immediate supervisor. Zone Xxxxxxx and the Chief Xxxxxxx, the following procedure will be followed: The grievance shall identify be considered at a meet- ing of the nature Union Grievance Committee and if unresolved, shall be taken up at a meeting between the Zone Xxxxxxx and the with the Department Manager, the Co-ordinator. If the Grievance is not settled within working days, or within any longer period which may be mutually agreed upon at the time, after the Grievance Committee has met with the Management, then the Xxxx- xxxxx shall be taken up as follows: Manufacturing Manager, Human Resources Manager, an Department Manager. At this meeting the Business Agent of the Union or his nominee may be present if his presence is requested by either the Compa- ny or the Union. If the grievance is not there settled to the satisfaction of both parties within a period of two (2) working days or within any longer period as may be mutual- ly arranged at the time, then at the request of either party to this agreement the xxxx- xxxxx may be referred to arbitration. All times as set out in the Grievance Procedure and Arbitration may be extended by mutual agreement between the Company and the Union, in writing. If arbitration is to be invoked, the request for arbitration must be made in writing within ten (10) working days after the xxxx- xxxxx has been dealt with in Step No. When either party requests that a grievance submitted to arbitration they shall make such requests in writing addressed to the to other party to this agreement. Within ten working days the party who initiated the grievance shall submit a letter to the other party the name and ad- dress of its nominee to arbitration hoard. With five (5) working days thereafter the other shall respond in a letter giving the and address of its nominee to the arbitration board. two arbitrators so nominated shall within working days, and if within working days they fail the grievance. they shall attempt to Chairman of an Arbi- tration Hoard. If they are unable to agree upon such a within further peri- od of YO days they then request the Minister of for the Province of Ontario to assist them in selecting an impar- tial xxx who has involved in an attempt to negotiate or settle the grievance. of the parties hereto will bear the ex- penses of the appointed by it, and the parties will jointly hear the expenses of the Chairman of the Board, if any No be submitted to arbitration has not been properly carried through previous steps of the grievance and the remedy sought and should identify proce- dure. The Arbitration Board shall not he author- ized to make any decision inconsistent with the provisions of this agreement nor to alter, modify or amend any part of this agreement. When a grievance which affects an employ- ee's pay is settled, the Agreement which are alleged settlement may be made retroactive for a period as agreed to by the conferring parties or by a majority deci- sion of a Board of Arbitration, but in no case will the settlement be violated. The immediate supervisor will deliver his decision in writing within nine (9) calendar days following made retroactive for a period greater than two months prior to the day last date on which the grievance was presented to him. Failing settlement, then: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted pre- sented in writing to the Hospital Administrator or his designeeCompany. A meeting The proceedings of the Arbitration Board will then be held between expedited by the Hospital Executive Director of his designee parties hereto, and the Grievance Committee within nine (9) calendar days decision of the submission majority of such Board will be final and binding upon the parties hereto. At any stage of the grievance at Step No. unless extended by agreement procedure in- cluding arbitration, the conferring parties may have the assistance of the parties. It is understood employee or employees concerned and agreed that a representative of any necessary wit- nesses, and all reasonable arrangements will be made to permit 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 conferring parties to 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 A 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 access to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect plant to a grievance directly affecting an employee which such employee could himself institute view disputed operations 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 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. processing of such grievance. The release or discharge of 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 is lodged by the employee confer 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:necessary witnesses.
Appears in 1 contract
Samples: Collective Bargaining 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: 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 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 settlement, then: 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 Executive Director of 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 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 himself institute 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 a group grievance in 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. processing and the applicable pro- visions of this Article shall then apply with respect t o the pro- cessing of such grievance. The release or discharge of any 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 is if a written statement of such grievance i s lodged by the employee with the 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:
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: Within nine (9) calendar days 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 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: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing inwriting to the Hospital Administrator HospitalAdministrator or his designee. A meeting will then be held between the Hospital Executive Director of 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 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 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 any 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 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:
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: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Executive Director of 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 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 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 any 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 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:
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to his immediate supervisorDepartment Head. 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 Union and the Health Centre may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The Department Head will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlementsettlement or response, then: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Health Centre Administrator or his designee. A meeting will then be held between the Hospital Executive Director of 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 in writing within nine (9) calendar days following the date of such meeting. A 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 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 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 of this shall then respect to the processing of such grievance. The release or discharge of any 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:
Appears in 1 contract
Samples: Collective Agreement
Step No. The An employee may submit having a written complaint or grievance signed by shall discuss it with Union Committee person and both will discuss it with immediate supervisor within ten (10)working days of the employee incident giving rise to his immediate supervisorthe complaint or grievance. The supervisor shall give written response within five (5) working days of such .discussion to * - Should any employee feel that complaint or grievance shall identify has not been satisfactorily settled at Step may within five working days from the nature time of the supervisor's written response called for in Step refer the matter in writing on the appropriate grievance form to the Department Head. The Department Head may discuss the matter with the and the remedy sought Union committee person together and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his shall give a decision in writing within nine (9) calendar days following the day on which no later than five working days- after the grievance was presented at this step. If the grievance is not immediately settled as a result of Step the grievance will be submitted in writing on the same grievance form called for in Step No. to him. Failing settlement, then: Within nine the Administrator no later than five (95) calendar working days following the decision under Department Head's written response called for in Step No. The Administrator shall call a meeting of representatives of the employee may submit the written grievance to his Department Head who will deliver his decision in writing Employer and Union within nine (9) calendar five working days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same persongrievance. Failing settlement then: Within nine at this meeting, the Administrator will submit a written reply to the Union Representative within five (9) calendar 5)working days following the decision in meeting, with a copy to the Union office. Failing settlement at Step No. the grievance may be submitted to arbitration as hereinafter provided if the request is made in writing to the Hospital Administrator or his designee. A meeting will then be held between other party within thirty (30)calendar days after the Hospital Executive Director of his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance decision has been given at Step No. unless extended by agreement Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step of the partiesgrievance procedure and throughout the grievance procedure. It is understood and agreed that a representative of Any grievance involving the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the Hospital Administrator interpretation 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 A 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 contract which such employee could himself institute and the regular grievance procedure has been disposed of hereunder 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 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. processing of such grievance. The release or discharge of any employee during the probationary period shall not be made the subject of another grievance. For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays, paid holidays and vacation and regular days off. ARTICLE ARBITRATION PROCEDURE Following Step or the grievance procedure, the Union or Employer may request that any matter be submitted to arbitration as hereafter provided and shall make such request in writing addressed to the Administrator and at the same time appoint a grievance or arbitrationnominee to such a Board of Arbitration to be established. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated Within ten working days following notice to arbitrate as a 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 given under the Grievance or Arbitration Procedure by:responding party shall appoint a nominee and so inform the instigating party. The two (2) so appointed to settle by a Chairman.".
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. The An employee may submit shall present a written signed grievance signed by in writing to the employee to his immediate supervisor. The grievance shall identify employee’simmediate Supervisor setting forth the nature of the grievance xxxx- xxxxx, the surrounding circumstances and the remedy sought and should identify the provisions of the Agreement which are alleged to be violatedsought. 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: 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 Supervisor shall arrange a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital 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 A 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 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. processing of such grievance. The release or discharge of 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after of the date receipt of the discharge grievance at which the employee, a Union Xxxxxxx designated by the Union Local, if the Union Local so requests, the Xxxx of the Division and the immediate Supervisor shall attend and discuss the grievance. The immediate Supervisor and Xxxx will give the and the Union Xxxxxxx their decision in writing within seven (7) days following the meeting. If the is not satisfied with the decision of the immediate Supervisor and Xxxx, the shall present the grievance in writing at Step within fifteen (15) days of the day the received such decision. The shall present the grievance to the President of the College concerned. The President or suspension is effectedthe President's designee shall convene a meeting concerning the grievance, at which the shall have an opportunity to be present, within twenty (20) days of the presentation, and shall give the and a Union by the Union Local the President's decision in writing within fifteen (15) days following the meeting. Such special grievance In addition to the Union Xxxxxxx, a representa- tive designated by the Union Local shall be present at the meeting herein if requested by the employee, the Union Local or the College. The President or the President's designee may be have such persons or counsel attend as the President or the President's designee deems necessary. In the event any difference arising from the interpretation, ap- plication, administration or alleged contravention of this Agreement has not been satisfactorily settled under the foregoing Grievance or Arbitration Procedure by:Procedure, the matter shall then, by notice in writing given to the other party within fifteen (15) days of the date of receipt by the of the decision of the College official at Step No. be referred to arbitration as hereinafter provided.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may submit a written request the assistance of Xxxxxxx, may present alleged grievance signed by in writing to Department Head; failing settlement, the employee to his immediate supervisor. The grievance Department Head 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 five (95) calendar working days following the day on which presentation of the grievance was presented to himthen within five (5) working days after the decision is given: The Union Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, then: Within nine (9) calendar days following the decision under Step No. of the employee may submit City Manager or appointee shall be delivered to the written grievance to his Department Head who will deliver his decision Union in writing within nine ten (91O) calendar working days from after the date on which meeting takes place. In the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted event that there is no immediate supervisor and/or where the an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement then: Within nine and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (930) calendar days following from receipt of the written decision in under Step No. the grievance may Replies to grievances stating reasons shall be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital 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 partiesall stages. 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 A complaint or grievance arising directly between the Hospital Corporation and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at under Step No. within fourteen (14) calendar days following and the circumstances giving rise time limit set out with respect to the complaint or grievancethat Step shall appropriately apply. It is expressly further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this Article section may not be used with respect to a grievance directly affecting an employee which such employee could himself institute or employees and that 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 a group grievance in writing identifying each employee who is grieving to No adjustment under the Department Head Grievance Procedure 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. processing of such grievance. The release or discharge of 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 Arbitration Procedure shall be treated as a grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after made retroactive prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is effected. Such special agreed and understood that all time limits in the grievance may procedure shall be settled under the Grievance or Arbitration Procedure by:adhered to except where they are extended by mutual agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: 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 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: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator The Health CentreAdministrator or his designee. .A meeting will meetingwill then be held between the Hospital Executive Director of 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 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 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 any employee during an 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:
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee Union Grievance Committee shall meet within five (5) working days with management to consider the grievance. At this stage, they may submit be accompanied by a written grievance signed by representative of the employee to his immediate supervisorInternationalOrganization. The grievance shall identify the nature If final settlement of the grievance and is not completed within seven working days after 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: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision meeting in Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to an arbitrator at any time within twenty-one days thereafter but not later. The arbitrator shall be chosen from the list below on a rotating basis provided the arbitrator selected is able to accept the referral in rotation: Xxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxx The decisions of the Arbitrator constituted in the above manner shallbe binding on both parties. The Arbitrator shall not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement jointly bear the expenses of the Arbitrator. No person shall be selected as arbitrator who has been involved in attempts to negotiate or settlethe grievance. Union and the Company concerning the interpretation,application or non-application, or violation of this Agreement, instead of following the procedure hereinbefore set out, may be submitted in writing by either of the parties to the Hospital Administrator other with opportunity to be provided within seven (7) working 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 (7) working days of such first oral discussion, either the Company or his designeethe Union may give notice in writing requiring a meeting within seven 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 Steelworkersof America accompanied, if she 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 (7) days after such meeting. In the 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 (15) days from the giving of the decision of the management representative at Stage Three, or the decision of the Company in the preceding paragraph, be referred to arbitration as hereinafter provided. If no decision be given within seven days' period above, the notice of arbitration may be given within fifteen (15) days after the expiry of such seven (7) days period. Where two or more employees in the same department have complaints which are sufficiently common in nature that they may be conveniently dealt with together, such complaints shall constitute a group grievance and shall be handled as follows: A group grievance shall be presented at Stage Two by a minimum of two (2) employees, accompanied by the appropriate number of Stewards or Grievance Committeepersons. A meeting will then grievance affecting the entire department, or the plant as a whole, may be held between taken up by the Hospital Executive Director Union at Stage Three of his designee and the Grievance Committee Procedure. If a satisfactory solution is not reached, the matter may be processed, including arbitration. Grievances processed under this section shall comply with the time limits set out above. Time Limits Saturday, Sunday and holidays shall not be counted in determining the time within nine (9) calendar days which any action is to be taken in each of the submission of the grievance foregoing stages. Any and all time limits fixed by this Article may at Step No. unless any time, be extended by agreement of in writing between the partiesCompany and the Union. 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 A 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 Section of this Article Agreement may not be used with respect by the Union to process the grievances of individualemployees. Any employee grievance alleging unjust discipline or discharge may be referred to a grievance directly affecting single arbitrator as outlined in Where an employee which arbitrator determines that a disciplinary penalty or discharge is excessive he or she will have the power to substitute such employee could himself institute other penalty for the discipline or discharge as he or she considers just and reasonable in all circumstances. A technical error in the regular grievance procedure shall written submission will not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention cause annulment of the The grievance shall then be treated as being initiated at Step No. processing of such grievance. The release or discharge of 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee employee, with the assistance of a Union representative may submit a written grievance grievance, signed by her, to the employee to his immediate supervisorDirector, Radiation Therapy. The grievance shall identify the nature of the grievance and grievance, the remedy sought and should identify the provisions section or sections of the Agreement which are alleged to have been violated shall be violatedset out in the grievance. The immediate supervisor Director, Radiation Therapy will deliver his her decision in writing within nine (9) calendar days following the day on which the grievance was presented to himher (or any longer period which may be mutually agreed upon). Failing settlement, then: the next step in the grievance procedure may be taken. 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designeeher. A meeting will then be held between the Hospital Executive Director of his designee Administrator (or 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 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 such employee could himself 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 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 any 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 arbitrationdiscriminatory. 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 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, such grievance may be settled 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 or Arbitration Procedure by:grievance shall be deemed to have been abandoned. 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 mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator, When either party requests that a grievance be submitted to arbitration, this request shall be made in writing to the other party of the agreement indicating the name and address of its nominee to the arbitration board. Within fourteen
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee Union Grievance Committee may submit a written present the alleged 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: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator City Manager or his designeeappointee. A meeting will then be held within ten (10) working days between the Hospital Executive Director of his designee City Manager or appointee and the Union Grievance Committee within nine (9) calendar days of Committee. A Staff Representativeof 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 meetingrequest of the Union. It is further understood that understoodthat the Hospital Administrator City Manager or his designee may appointee shall have such counsel and assistance as he may desire at such meetingany meeting of the Grievance Committee. The Failing settlement, the decision of the Hospital City Manager or appointee shall be delivered to the Union in writing within nine ten working days after the meeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediatesupervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within fourteen (914) calendar working days following from receipt of the date of such A complaint or written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Hospital Corporation and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at under Step No. within fourteen (14) calendar days following and the circumstances giving rise time limit set out with respect to the complaint or grievancethat Step shall appropriately apply. It is expressly further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this Article section may not be used with respect to a grievance directly affecting an employee which such employee could himself institute or employees and that 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 a group grievance in writing identifying each employee who is grieving to No adjustment under the Department Head Grievance Procedure 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. processing of such grievance. The release or discharge of 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 Arbitration Procedure shall be treated as a grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after made prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance Procedure (including the three (3) day period in Section within which the employee may grieve) except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is effected. Such special agreed and understood that all time limits in the grievance may procedure shall be settled under the Grievance or Arbitration Procedure by:adhered to except where they are extended by mutual agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may Within five (5 )working days (seven (7) working days for employees on weekend shifts) after the decision is given under Step No. the with the assistance of the Grievance Committee, will submit a written the grievance signed by in writ- ing to the employee to Plant Manager, or in his immediate supervisorabsence, the Personnel Manager of the Company. The grievance shall identify state the nature of for 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: Within nine (9) calendar days following the Plant Manager’s or Personnel Manager’s 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 himbeing unacceptable. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Executive Director of his designee Plant Manager or Personnel Manager and the Grievance Committee within nine (9) calendar days Committee, and an accredited representative of the submission Union shall be present at the request of either the Company or the Union. The Xxxxxxx from the area concerned or the Chief Xxxxxxx, if he has been previously involved in the settlement of that grievance may displace one of the grievance at Step No. unless extended by agreement of the partiesGrievance Com- mittee at such meeting. The Union Committee will notify the Company of any Xxxxxxx or wishing to attend a meeting concerning their grievance. The decision of the Plant Manager or Personnel Manager shall be delivered in writing within seven (7) days. 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 Plant Manager or his designee Personnel Manager may have such counsel and assistance as he may desire at such meetingany meeting with the Union Grievance Commit- tee. The decision Any collective grievance may be submitted by the Depart- ment Xxxxxxx or in case of absence of the Hospital shall be delivered in writing Department Xxxxxxx, by the Chief Xxxxxxx to the Shift Supervisor or Supervisor within nine (9) calendar days following the date same delays as spelled out above, provided said grievance is signed by at least one of such A complaint or grievance arising directly the employees involved, one of the Officers of the Union. Failing settlement under the foregoing procedure of any difference between the Hospital and parties arising from the Union concerning the interpretationinterpre- tation, application application, administration or alleged violation of this agreement, including any question as to whether a matter is arbitrable, such difference or question may be submitted to arbitration as herein after provided. If no written request for arbitration is received within ten (10) working days after the Agreement shall be originated at decision under Step No. within fourteen (14) calendar is given, it shall be deemed to have been settled or abandoned. For the purposes of Articles and a working day means a day from Monday to Friday, excluding Statutory Holi- days following and days when the circumstances giving rise Personnel is closed. All agreements reached under the Grievance Procedure between the representatives of the Company and the representatives of the Union or between the and the Company, provided it is not contrary to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not agreement, will be used with respect to a grievance directly affecting an employee which such employee could himself institute final and binding upon the Company, the Union, and the regular grievance procedure employees. In all steps of the Grievance Procedure, where no written answer has been given within the time limits specified, the or the Union, as the case may be, 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 a group submit the grievance in writing identifying each employee who is grieving the next step of the Grievance Procedure, including arbitration. At any step of the Grievance Procedure, necessary ar- rangements will be made to permit the parties to have access to the Department Head or his designee within fourteen plant to view disputedoperations and to confer with necessary witnesses, provided sufficient advance notice is given. Any and all time limits fixed by this article and Article may at any time be extended written agreement tween the Company and the Union. At the request of either party, a meeting will be held once each month between the Grievance Committee and a Company Committee appointed by the Plant Manager. Such meeting shall be held not more than two (142) calendar days weeks after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention presentation of the The grievance shall then be treated as being initiated at Step No. processing of such grievance. The release or discharge of 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 is lodged proposed agenda by the employee with party requesting 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:meeting.
Appears in 1 contract
Samples: Collective Labour Agreement
Step No. The employee may submit a written grievance signed Within five (5) working days after the decision is given at Step No. the aggrieved employee, accompanied by the employee representative of the Union, shall meet as promptly as possible with the Chief Executive Officer and such persons as Management may desire, to his immediate supervisorconsider the grievance. 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 Chief Executive Officer will deliver render his decision in writing within nine (9) calendar ten working days following the day on which the grievance was presented to himsuch meeting. Failing settlement, then: 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 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 If final settlement then: 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 Executive Director of his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance is not reached at Step No. unless extended by agreement of and if the parties. It grievance is understood and agreed that a representative of one which concerns 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 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application interpretation or alleged violation of the Agreement Agreement, then the grievance may be referred in writing by either party to Arbitration as provided in Article below at any time within fifteen (15) calendar days after the decision is given under Step No. If no such written request for Arbitration is received within the time limits, then it shall be originated deemed to have been abandoned. A Union policy grievance, which is defined as an alleged violation of this Agreement concerning all or a substantial number of the employees in the bargaining unit, in regard to which an individual employee could not grieve, may be lodged by the Union in writing with the President and CEO at Step No. within fourteen (14) calendar days following of 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 a group grievance in writing identifying each employee who is grieving to the Department Head or his designee at any time within fourteen five (145) calendar full working days after the circumstances giving rise to the such grievance have occurred or ought reasonably originated, and if it is not satisfactorily settled it may be processed to have come to the attention of the The grievance shall then be treated as being initiated at Step No. processing and to arbitration in the same manner and to the same extent as the grievance of such grievancean employee. The release time limits fixed in the grievance procedure may be extended with the consent of the parties of this Agreement. Union or discharge stewards will be allowed to process grievances on Corporation time with no loss of pay to the extent outlined in Article Clause Both parties to this Agreement agree that any employee during dispute or grievance concerning the probationary period interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article above, and which has not been settled, will upon the written request of either of the parties hereto, be referred to a Board of Arbitration or Single Arbitrator. The Board of Arbitration will be composed of one (I) person appointed by the Corporation, one (1) person appointed by the Union and a third person to act as Chairman chosen by the other two (2) members of the Board. Within three (3) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee. Should the person chosen by the Corporation to act on the Board, and the person chosen by the Union, fail to agree on a third person within seven (7) days of the notification mentioned in above, the Federal Minister of Labour will be asked to nominate a person to act as Chairman. A Single Arbitrator will be chosen in accordance with the Canada Labour Code. The decision of a Single Arbitrator or Board of Arbitration, or a majority thereof, constituted in the above manner shall be binding on both parties. The Single Arbitrator or Board of Arbitration shall not be have any power to alter or change any of the subject provisions of a grievance this Agreement or arbitrationto substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will bear the expenses of the Arbitrator appointed by it; and the parties will jointly bear the expenses, if any, of the Chairman, or Single Arbitrator. A claim by an employee who has completed his the probationary period that he she has been unjustly discharged or suspended disciplined without cause shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. General Manager within seven three (73) calendar full working days after the date the discharge employee has been discharged or suspension is effecteddisciplined. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Bargaining 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: 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 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: 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 Executive Director of his designee Administrator or 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 may desire at such meeting. The decision of the Hospital shall be delivered in writing within Has nine (9) calendar days following the date of such date.; A 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 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 nurses have identical grievances and each employee nurse would be entitled to grieve separately they may 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 applicable provisions of this Article s all then apply with respect to the processing of such grievance. The release or discharge of 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the en of date the discharge or suspension sus is effected. Such special grievance may be settled under the se Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee If the Department Head’s decision is judged to be un- satisfactory, it may submit a written grievance signed be appealed by the employee to his immediate supervisorGrievance Com- mitteeman within five (5) days of its receipt. The ap- peal shall be made by completing the grievance form and mailing it to the Company using the official notice procedure set forth in Article The Resident Manager andlor his representatives shall meet with the Grievance Committee within ten days following receipt of such appeal to discuss the grievance. A representative of the International Union may attend the meeting and witnesses either Party may require may be heard. Within seven (7) days, the Resident Manager’s deci- sion shall be given in writing to the Union, unless a definite date for decision is mutually agreed upon. If appeal to Arbitration is taken from the Resident Manager’s decision within the time set forth in the grievance shall identify be considered settled on the nature basis of the Resident Manager’s decision. The Grievance Procedure may be utilized by the Union in processing a grievance which is not a personal grievance and which alleges a violation or misinterpretation of this Agreement. Such grievances may be introduced at Step No. of the Grievance Pro- cedure. In processing such a grievance, the Company and the Union shall observe the specified time limits in appealing and answering. Saturdays, Sundays and Holidays recognized herein shall not be included when determining the time within which any action is to be taken under Article or Any and all time limits fixed by this Article or Articles and may be extended by mutual agreement in writing between the Company and the Union. Any grievance not answered by the Company within the prescribed time limits may be appealed by the Union to the next step. Grievance meetings will be held during work- ing hours and neither a Grievance Committeeman nor a will suffer any loss of pay for attendance. To attend a Grievance Meeting within his working hours a Grievance Committeeman or a must obtain permission from his Xxxxxxx to leave his work. Such permission will not be refused arbitrarily. Time spent in scheduled Grievance Meetings with the Com- pany during a Committeeman’s or a regular scheduled shift shall be considered as time worked for the purpose of computing overtime. When Step and Grievance Meetings are scheduled outside or go beyond the regular scheduled shift of the Grievance Committeeman referred to in he shall be paid one (1) hour at straight time rates for such attendance in addition to hours lost during his regular scheduled shift. When an employee completes one (1) year of active service free of any written disciplinary action, his official previous disciplinary record maintained in the Industrial Department will not be referred to or in establishing any future discipline for him. When an employee has been disciplined, the Industrial Relations Department will, upon request, inform the Union President, or the Grievance Committeeman involved of the employee’s disciplinary record. When an employee has been disciplined, the Industrial Relations Department will send copies of all such writ- ten discipline to the Union. If the facts alleged in a grievance involving a number of employees are identical and the remedy sought and should identify is the provisions same, a decision on the grievance of one of the Agreement which employees involved will be applied to all who are alleged entitled, at that time, to be violated. The immediate supervisor will deliver his such a decision in writing within nine (9) calendar days following without the day on which the grievance was presented to him. Failing settlement, then: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Executive Director necessity 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 A 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 each filing an individual grievance. It is expressly understood, however, When the Company has established 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 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. processing of such grievance. The release or discharge of any employee during the probationary period shall not be the subject of a grievance or arbitration. A claim infraction has been committed by an employee who has completed his probationary period and that disciplinary action is warranted, he has been unjustly discharged or suspended shall will be treated as a grievance is lodged by the employee with the Hospital at Step No. disci- plined within seven five (75) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:working days.
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: 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 time 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 settlement, then: 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 Executive Director of 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 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 any 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 is written statement of such grievance 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 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 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. 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 Agree- ment 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: 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 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: 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 Executive Director of 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 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 a group grievance in writing 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 any 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 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:
Appears in 1 contract
Samples: Part Time Collective Agreement
Step No. The employee may submit a written grievance signed by A meeting shall be held between the employee to his immediate supervisorGrievance Committee and the Plant Manager the Plant Capabilities Leader, Human Resources Manager, and Department Manager. The grievance shall identify At this meeting, the nature National Representative of the Union or his or her nominee may be present if such presence is requested by either the Company or the Union. If the grievance is not settled to the satisfaction of both parties within a period of five working days or within any longer period as may be mutually arranged at the time, then at the request of either party to this agreement the grievance may be referred to: mediation, if both parties agree; arbitration. All times as set out in the Grievance Procedure, Mediation, and Arbitration may be extended by mutual agreement between the Company and the remedy sought Union, in writing. If either mediation and should identify the provisions of the Agreement which are alleged /or arbitration is to be violated. The immediate supervisor will deliver his decision invoked, the request for either mediation and /or arbitration must be made in writing within nine (9) calendar ten working days following the day on which after the grievance was presented to him. Failing settlement, then: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision has been dealt with in Step No. after which the grievance party seeking mediation or arbitration shall, within ten working days, contact the mediator or arbitrator, as the case may be, requesting a date for a hearing. The mediator must be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital 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 selected by mutual agreement of the partiesCompany and the Union. It is understood and agreed In the event that a representative of mutually acceptable mediator cannot be selected, the Canadian Union of Public Employees and the may grievance will 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 meetingforwarded to arbitration. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such A complaint or grievance arising directly between the Hospital Company and the Union concerning will bear the interpretation, application or alleged violation expenses of the Agreement mediator in equal shares. Disputes which are carried to the arbitration stage shall normally be heard before a single arbitrator. The parties have expressed confidence in the ability of the under-mentioned persons, and agree that they shall be originated at Step No. called to arbitrate on a rotation basis and in order of their listing: Xxx Xxxxxxxxx Xxxx Xxxxx Xxxxxx Xxxxx Xxxxxx Xxxxx Xxxx Xxxxxxx If it is not possible to schedule an arbitration date with the arbitrator who is next called to arbitrate within fourteen sixty (1460) calendar days following from the circumstances giving rise request for a hearing, the parties shall move to the complaint or grievancefirst available arbitrator on the list. It is expressly understoodThe first available date shall be the scheduled date for the hearing. Notwithstanding foregoing, however, that the provisions of this Article may not no arbitrator will be used with respect called 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 a group resolve more than one grievance in writing identifying each employee a row. If the order of rotation is bypassed in this manner for a hearing, the parties agree to resume the rotation order, starting with the arbitrator who is grieving to would have been called but for his unavailability, for 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 next hearing that may arise. If none of the The grievance shall then be treated as being initiated at Step No. processing of such grievance. The release or discharge of any employee during arbitrators listed above is available within the probationary period shall not be 60-day time frame, the subject of a grievance or arbitration. A claim parties may choose an arbitrator by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:mutual agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Health Centre Administrator or his designee. A meeting will then be held between the Hospital Executive Director of 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 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 any 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:
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 Within seven (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (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 Administrator or his designeedesignate. A meeting will then be held between the Hospital Chief Executive Director of 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 is 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 A 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 Nomeeting. 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 he could have instituted himself institute 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 employee one would be entitled to grieve separately they may present a group grievance in writing identifying writing, signed by each employee who is grieving grieving, to the Department Head or his designee 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 occurred. The grievance shall then be treated as being initiated at Step No. processing and the applicable provisions of this shall then apply with to the handling of such grievance. The release or discharge pursuant to Section subsection (2) of any 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 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:
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee Failing a satisfactory settlement of the dispute under step the Employee concerned 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: Within nine (9) calendar days following the decision under Step No. the employee may submit the written or her grievance to the President or 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 mayor her designated representative at a meeting arranged for this purpose, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital 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 meetingmutually convenient. It is further understood that the Hospital Administrator or his designee an Employee may have such counsel the assistance of a xxxxxxx and assistance as he may desire a representative of the Union at such meeting if such representation is requested by either party. At the request of either party, the griever shall be present at this meeting. The decision A written reply to the grievance will be given. If final settlement of the Hospital shall be delivered in writing dispute is not reached within nine five (95) calendar working days following the date day upon which step is commenced or within such additional time as may be mutually agreed upon, then the grievance any be referred to a Board of such A complaint or Arbitration as herein provided. Any grievance arising directly not submitted within the time limits nor advanced by the grieving party within the time limits provided for in each step of the grievance procedure shall be deemed to have been dropped. Where no answer is given within the time limits specified in the grievance procedure, the grieving party shall be entitled to submit the grievance to the next step of the grievance procedure. The time limits referred to herein may be extended at the request of either party if mutually agreed upon by the parties and reduced to writing. Where a difference arises between the Hospital and the Union concerning parties relating to the interpretation, application or alleged violation administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either of the Agreement parties may, after exhausting the grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall be originated contain the name of the first party's appointee to an arbitration board. Either the Employer or the Local Union shall have the right to file a grievance regarding interpretation, application or administration of this agreement at Step No. within fourteen (14) calendar days following step of the circumstances giving rise to the complaint or grievancegrievance procedure. It is expressly understood, however, understood that in the provisions case of a grievance filed on behalf of the Employer under this Article may not be used section with respect to a grievance directly affecting an employee which such employee could himself institute and complaint of 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 a group grievance in writing identifying each employee who is grieving Employer as to the Department Head conduct of the Union, its officers or his designee within fourteen (14) calendar days after the circumstances giving rise committee members or members that if such complaint is not settled to the grievance have occurred or ought reasonably to have come to the attention mutual satisfaction of the The grievance shall then be treated as being initiated at Step No. processing of such grievance. The release or discharge of 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 parties, it may be treated as a grievance is lodged by and referred directly to arbitration in 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:same way as set out in section herein.
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: 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 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 thensettlement, then : 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 Executive Director of his designee Administrator or 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 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 the provisions of this Article may not be used with respect to a 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 nurses have identical grievances and each employee nurse would be entitled to grieve separately separately, they may 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 any 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 arbitrationright 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 is if a written statement of such grievance lodged by the employee nurse 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:
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may submit a written and his supervisor shall meet and discuss the said difference, dispute or complaint. The employee's supervisor shall give his decision within three (3) full working days. The employee shall have the assistance of his Union Xxxxxxx if he so requests. Failing settlement, then A grievance shall be submitted in writing in triplicate on forms supplied by the Union and signed by the employee to his immediate supervisoremployee. The written record of the grievance shall identify state the exact nature of the grievance and grievance, the remedy sought and should identify act or acts complained of, the provisions identity of the employee who claims to be aggrieved, the specific section or sections of the Agreement which it is alleged have been violated, the date or dates upon which the violations are alleged to be violatedhave occurred and the remedy the employee seeks. The immediate supervisor will deliver employee and his Operations Manager shall meet to discuss the grievance within seven (7) working days of the submission of the written grievance. The employee's Operations Manager shall give his decision in writing within nine seven (97) calendar days following full working days. One copy of the day on which written decision is to be given to the grievance was presented Union and two copies to himthe Employer. Failing settlement, then: then Within nine (9ten 0) 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar working days following the decision in Step No. the grievance may be submitted in writing to employee, his xxxxxxx and another official of the Hospital Administrator or his designee. A meeting will then be held between Union shall meet with the Hospital Executive Director of his designee Employer's Distribution Centre Manager, Department Manager and the Grievance Committee employee's supervisor who shall render a decision within nine (9) calendar ten full working days of the submission of the following this meeting. The grievance at committee shall be present if either party so requests. Failing settlement under 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 A complaint or grievance arising directly any difference between the Hospital and the Union concerning parties arising from the interpretation, administration, application or alleged violation of this Agreement, including any question as to whether or not a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided and, if no written request for arbitration is received within fifteen 5) full working days after the Agreement shall be originated at decision in Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understoodgiven, however, that the provisions of this Article may not it shall 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 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 deemed to have come to the attention of the The grievance shall then be treated as being initiated at Step No. processing of such grievance. The release or discharge of any employee during the probationary period shall not be the subject of a grievance or arbitrationbeen abandoned. A claim complaint by an employee who has completed his probationary period that he has been unjustly discharged or suspended without cause shall be treated as a grievance if it is lodged by submitted in writing to the employee with Employer's Departmental Manager within five (5) working days of the Hospital employee's discharge. Such grievances will enter the Grievance Procedure at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance and may be settled under the Grievance grievance or Arbitration Procedure arbitration procedure by:
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may submit a written grievance signed by If the employee to his immediate supervisor. The grievance shall identify the nature matter is not settled, then within five (5) working days of the grievance and Executive Director's reply, a Union Representative may request a meeting with the remedy sought and should identify Executive Director. In such case 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: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then shall be held between the Hospital Executive Director, a Union Representativeand the Union Xxxxxxx as soon as practicably possible but not later than ten (1O) working days after the Executive Director receives notification the Union that the meeting is desired. If the matter is not disposed of his designee at such a meeting, and if the Grievance Committee Union wishes to proceed to arbitration, the Union shall, within nine ten (910) calendar working 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 A complaint or grievance arising directly between meeting but not thereafter, deliver to the Hospital Company a notice in writing stating that it wishes to take the matter to arbitration. The Notice to Arbitrate shall contain the name and address of the Union's Proposed Arbitrators and the Union concerning remedies sought. Thereafter the interpretationparties shall confer to select an agreeable arbitrator. The Employer and the Union, application recognizing the benefit of proper and timely disclosure prior to arbitration hearings, agree that neither party shall be entitled to raise a preliminary objection for the purpose of disposing of all or alleged violation part of a grievance without a hearing on the merits unless the other party was provided with notice of the Agreement shall be originated at objectionwithin ten (1O) days of the delivery of the Notice to Arbitrate referred to in Articles and above. Without limiting the generality of the foregoing, examples of such preliminary objections include a timeliness objection by the Employer or an objection related to lack of Union representation by the Union. When a dispute involving a question of general applicationor interpretation occurs, or when the Union or the Employer has a grievance, Step 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 and such employee could himself institute and the regular grievances shall be known as "policy grievances". The policy grievance procedure shall not be thereby bypassedused for processing individual grievances. Where a number of When two or more employees have identical grievances and each employee would be entitled wish to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (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. processing of such grievance. The release or discharge of any employee during the probationary period shall not be the subject of file 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 is lodged by arising from the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special same incident, such grievance may be settled under handled as a "group grievance"and shall be subjectto the Grievance or Arbitration Procedure by:normal grievance procedure.
Appears in 1 contract
Samples: Collective Agreement
Step No. The aggrieved employee may submit a written grievance signed by and/or 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: Within nine (9) calendar days following the decision under Step No. the employee xxxxxxx may submit the written grievance xxxx- xxxxx to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which Personnel Officer. At this stage they shall be accompanied by an officer of the written grievance was presented to himUnion if requested by either party. The parties may, if they so desire, meet to discuss If final settlement of the grievance is not completedwithin seven (7) working days after the submission to the Per- sonnel Officer, and if the grievance is one which concerns the interpretation or alleged violation of this Agreement, the grievanceshall at the request of the Union and the grieving employee, or at the request of the Employer, be refer- red to a Board of Arbitration as pro- vided in Article below at a time and place suitable within twenty-one (21) working days after the Personnel Officer has re- sponded to both partiesthe grievance, but no later. This step Any of the time allowances set out in this Article may be omitted where extended by mutual agreement. If the employee's immediate supervisor and Department Head are Employer fails to reply to a xxxx- xxxxx within the same person. Failing settlement then: Within nine (9) calendar days following prescribed time limits in any step of the decision in Step No. grievance procedure, the grievance may be submitted in writing processed to the Hospital Administrator next higher step followingthe expiry of the time limit in question. If a grievance is not processed to next higher step or his designeeto Arbitration with- in the prescribed times, the grievance shall be deemed to be abandoned. A meeting An employee covered by this Agree- ment who is called to appear before a Superintendent or Assistant Superin- tendent to interviewed concerning any matter which might reasonably be anticipated to result in the disciplineor discharge of the employee, shall be accompanied by a xxxxxxx and a mem- ber of the Union Executive. It is agreed that an employee working the to midnight shift will then not be held called to the office to be interviewed under this clause before noon if he has worked the said shift on the day before such interview. The Recording Secretary of the Union shall receive a copy of any written reprimand given to an employee. Referenceto previous reprimands shall be included in this letter, along with the issued. Employees may, on written request to the Personnel Officer, review their per- xxxxx files. Such reviews must be made in the presence of a member of Per- sonnel Services staff at a time mutually arranged between the Hospital Executive Director of his designee the' Personnel Ser- vices Department and the Grievance Committee within nine employee concerned during normal business hours. The employee may be accom- panied by a Union Officer if requested by either party. An employee's record shall be destroyed when an employeemaintains a clear record for a period of two (92) calendar days years following a suspension, written warning, or receipt of final warning. Both parties to this Agreement agree that any dispute or grievance concern- ing the submission interpretation or alleged xxxxx- tion of this Agreement which has been properly carried through all the steps of the grievance procedure outlined in Article above, and which has not been settled, will be referred to a Board of Arbitration at Step No. unless extended by agreement the request of either 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 meetingparties hereto. The decision Board of the Hospital shall Arbitration will be delivered in writing within nine com- posed of one (91) calendar days following the date of such A 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 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. processing of such grievance. The release or discharge of 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 is lodged person by the employee with Employer, one person appointed by the Hospital at Step No. within seven (7) calendar days after Union, and a third person to act as Chairman chosen by the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:other two
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. The Any employee who believes that he has a justifiable griev- ance may discuss and attempt to settle same with his Supervisor or Manager with or without a departmental Xxxxxxx being present, as the employee may submit elect. Grievances not adjusted in this way within two working days may be appealed to Step No. Notice of appeal must be given to the Department Manager, by the Chief Xxxxxxx within three (3)working days after receiving the decision of the Supervisor or Manager. Such notice shall consist of a written statement of the grievance in triplicate containing particulars of the inci- dent giving rise to the grievance and shall be signed by the aggrieved employee to his immediate supervisorand dated as of the date of its submis- sion. The grievance Department Manager or his delegate shall identify meet with the nature of Chief Xxxxxxx within eight (8)working days, inves- tigate the grievance and attempt to settle it. A written decision shall be given by the remedy sought and should identify Department Manager or his delegate within three (3)working days after the provisions date of such meeting. Grievances not adjusted in Step No. may be appealed directly to Step No. Notice of appeal must be given in writing within seven (7) working days from the date of the Agreement written decision of the Department Manager to the General Manager or designate who shall meet with the Grievance Committee, which are alleged may be accompanied by an International Representative of the Union, investigate the grievance and attempt to settle it. A written decision shall be violatedgiven by the General Manager within ten (10)working days after the date of such meeting. The immediate supervisor will deliver his decision in writing Except as otherwise provided, grievances must be presented at Step No. within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: 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 working days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital 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 A 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 incident giving rise to the complaint or grievance. It is expressly understood, however, that Grievances not presented within 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 times aforesaid 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 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. processing of such grievance. The release or discharge of 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 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 considered under the Grievance or Arbitration Procedure by:and in any event are not arbitrable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. The employee may submit a written and his supervisor shall meet and discuss the said difference, dispute or complaint. The employee's supervisor shall give his decision within three (3) full working days. The employee shall have the assistance of his Union Xxxxxxx if he so requests. Failing settlement, then A grievance shall be submitted in writing in triplicate on forms supplied by the Union and signed by the employee to his immediate supervisor. The written record of the grievance shall identify state the exact nature of the grievance and grievance, the remedy sought and should identify act or acts complained of, the provisions identity employee who claims to be aggrieved, the specific section or sections of the Agreement which it is alleged have been violated, the date or dates upon which the violations are alleged to be violatedhave occurred and the remedy the employee seeks. The immediate supervisor will deliver employee and his Operations Manager shall meet to discuss the grievance within seven (7) working days of the submission of the written grievance. The employee's Operations Manager shall give his decision in writing within nine seven (97) calendar days following full working days. One copy of the day on which written decision is to be given to the grievance was presented Union and two copies to himthe Employer. Failing settlement, then: then Within nine (9ten 0) 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar working days following the decision in Step No. the grievance may be submitted in writing to employee, his xxxxxxx and another official of the Hospital Administrator or his designee. A meeting will then be held between Union shall meet with the Hospital Executive Director of his designee Em I Distribution Cent re Manager Departmental Manger and the Grievance Committee employee's supervisor who shall render a decision within nine (9) calendar ten working days of the submission of the following this meeting. The grievance at committee shall be present if either party so requests. Failing settlement under 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 A complaint or grievance arising directly any difference between the Hospital and the Union concerning parties arising from the interpretation, administration, application or alleged violation of this Agreement, including any question as to whether or not a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided and, if no written request for arbitration is received within fifteen 5) full working days after the Agreement shall be originated at decision in Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understoodgiven, however, that the provisions of this Article may not it shall 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 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 deemed to have come to the attention of the The grievance shall then be treated as being initiated at Step No. processing of such grievance. The release or discharge of any employee during the probationary period shall not be the subject of a grievance or arbitrationbeen abandoned. A claim complaint by an employee who has completed his probationary period that he has been unjustly discharged or suspended without cause shall be treated as a grievance if it is lodged by submitted in writing to the employee with Employer’s Departmental Manager within two (2) working days of the Hospital employee‘s discharge. Such grievances enter the Grievance Procedure at Step No. An employee who is being notified of his discharge may request the presence of his xxxxxxx. In the event that a xxxxxxx is not present at such time, the Employer will advise the Union of the notice of discharge within seven seventy- two (772) calendar hours after such notice has been effected. It is understood that failure to comply with the foregoing procedure shall not render the notice of discharge a nullity. If a grievance is not processed in accordance with the time limits set forth in this article, it shall be considered to be abandoned. Should the Employer fail to observe the time limit specified for rendering a decision at any step, the grievance shall be automatically advanced to the next step. The time limits set forth in this article may be extended by mutual written agreement, provided that such extension for any one grievance shall not be a precedent or waiver of the time limits for any subsequent grievances. No claim for compensation shall be retroactive for more than five (5) days after prior to the date of filing of the discharge grievance. Any grievance concerning or suspension is effected. Such special grievance affecting group of more than three (3) may be settled submitted under Step No. Any or grievance arising directly between the Grievance or Arbitration Procedure by:Employer and the Union may be submitted under Step No.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may submit a written grievance signed by If the supervisor does not settle the matter to the satisfaction of the employee to his immediate supervisor. The grievance shall identify the nature of within five working days after the grievance and the remedy sought and should identify has been submitted to him under the provisions of Step No. hereof, the Agreement which are alleged employee and Xxxxxxx may take up the matter directlywith the Superintendent. STEP NO. If a settlement satisfactory to be violated. The immediate supervisor will deliver his decision the employee is not obtained within five working days after the matter has been discussed with the Superintendent in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Within nine (9) calendar days following the decision under accordance with Step No. the employee may Xxxxxxx shall submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designeeUnion Grievance Committee with a copy to the Company. A meeting The Union Grievance Committee will then be held between meet to discuss grievance with the Hospital 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) Company no later than ten calendar days following the date of such the Company response to the Step No. meeting. A complaint staff representative of the Union shall be present at the request of either the Company or grievance arising directly the Union. All decisions arrived at by agreement between the Hospital representative, or representatives of the Company, and the Union concerning the interpretationGrievance Committee with respect to grievances, application or alleged violation of the Agreement shall be originated at Step Nomade in writing, and shall be and binding upon the Company and the Union. within fourteen (14) calendar days following It is understood that no grievance be considered where the circumstances giving rise to it occurred or originated more than five calendar days before the complaint filing of the grievance. The discharge of an employee may be submitted as a grievance under Step No. provided it is filed within five calendar days of the date of discharge. When either party to the Agreement requests that a grievance be submitted for Arbitration, they shall make such request in writing within twenty calendar days following the date of the Company’s answer to the 3rd step of the grievance procedure, addressed to the other party to the Agreement. The arbitration procedure incorporated in the Agreement shall be based on the use of a single Arbitrator. When either party refers a grievance to arbitration, they shall propose three acceptable Arbitrators. If none of the three (3) proposed Arbitrators are acceptable to the other party, they shall propose three Arbitrators. If an acceptable Arbitrator is not agreed upon within five calendar days, the parties may submit more proposed Arbitrators or grievancerequest the Ministry of Labour to appoint an Arbitrator. The decision of the Arbitrator on the matter at issue will be final and binding on both parties, but in no event the Arbitrator have the power to add to, subtract from, alter or amend this Agreement in any respect. However, where an Arbitrator determines that an employee has been discharged or otherwise disciplined by an employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the Arbitrator may substitute such other penalty for the discharge or discipline as to the Arbitrator seems just and reasonable on all circumstances. Each shall pay its own costs and the fees and expenses of witnesses called by it and its representatives, The fees and expenses of the Arbitrator shall be shared equally between the parties. At any stage of the grievance procedure including arbitration, the conferring parties may have the assistance of the employees concerned and any necessary witnesses and employees attendance and discipline records, if authorized by the employee. All reasonable arrangements will be made to permit conferring or the Arbitrator, to have access to the plant to view the disputed operation and confer with necessary witnesses. An employee who has been continuously employed for less than five years shall receive vacation pay according to the Employment Standards Act (Ontario). or more will receive three weeks vacation with pay at the rate of six percent of their earnings for the period between July 1st of the previous calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked three weeks pay at the employees regular straight time hourly rate, whichever is greater. An employee who has been continuously employed by the Company for twelve years or more shall receive four (4) weeks vacation with pay at the rate of eight percent of their earnings for the period between July 1st of the previous calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked four weeks pay at the employees regular straight time hourly rate, whichever is greater. If an employee terminates his employment with the Company, he shall be paid the amount of his accrued vacation pay. It is expressly understood, however, understood and mutually agreed between the Company and the Union that the provisions vacation period shall be between July 1st and September 1st of this Article may not each year, but no more than two employees to be used with respect to away from each operation at any one time. In the event of a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure dispute over bidding for vacations, seniority shall not be thereby bypassedprevail. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each An employee who has been continuously employed by the Company for twenty-two (22) years or more shall receive five (5) weeks vacation with pay at the rate of ten percent of their earnings for the period between July 1st of the calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked weeks pay at the employees regular straight time hourly rate, whichever is grieving greater. At all times, the Company reserves the right to limit vacations to two consecutive weeks and no more than two employees to be away from each operation at any one time. Any vacation longer than two weeks, requires a minimum of sixty days notice. It is agreed by the Department Head or his designee within fourteen parties that as a condition of employment, after thirty calendar days, all employees of the Company shall be required to authorize the Company, in writing, to deduct the employee’s weekly pay, Union dues and initiation fee as prescribed by the constitution of the Union. Union dues shall be deducted from the employees on the first pay day of the month thirty (1430) calendar days after of employment. The Company shall deduct Union dues from the circumstances giving rise said employees, and promptly remit same to the grievance have occurred or ought reasonably to have come Union together with a list ‘of employees whose dues are being so deducted, with a copy to the attention of the The grievance shall then be treated as being initiated at Step No. processing of such grievancePresident. The release or discharge of employee may authorize the Company to deduct from his pay, contributions toward the Steel Workers Humanity Fund. The Company agrees to match any employee during contribution up to a maximum of twenty-one (21) dollars per year. The Company will be informed as to where their contribution will be going and have the probationary period shall right to veto any charity they do not be approve. The employee may cancel his contributions upon submitting a written request at which the subject Company’scontribution for that employee is also cancelled. The Union agrees to defend, indemnify and hold the Company harmless against any claim or liability from the administration 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:Article of this Agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee who may submit a written request the assistance of Xxxxxxx, may present alleged grievance signed by in writing to Department Head; failing settlement, the employee to his immediate supervisor. The grievance Department Head 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 five (95) calendar working days following the day on which presentation of the grievance was presented to himthen within five (5) working days after the decision is given: The Union Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A meeting will be held within ten (10) working days between the City Manager or appointee and the Union Grievance Committee. A Staff Representative of the Union may be present at the request of the Union. It is understood that the City Manager or appointee shall have such counsel and assistance as may desire at any meeting of the Grievance Committee. Failing settlement, then: Within nine (9) calendar days following the decision under Step No. of the employee may submit City Manager or appointee shall be delivered to the written grievance to his Department Head who will deliver his decision Union in writing within nine ten (910) calendar working days from the date on which meeting takes place. In the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted event that there is no immediate supervisor where the an employee's ’s immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement then: Within nine and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (930) calendar days following from receipt of the written decision in under Step No. the grievance may Replies to grievances stating reasons shall be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital 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 partiesall stages. 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 A complaint or grievance arising directly between the Hospital Corporation and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at under Step No. within fourteen (14) calendar days following and the circumstances giving rise time limit set out with respect to the complaint or grievancethat Step shall appropriately apply. It is expressly further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this Article section may not be used with respect to a grievance directly affecting an employee which such employee could himself institute or employees and that 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 a group grievance in writing identifying each employee who is grieving to No adjustment under the Department Head Grievance Procedure 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. processing of such grievance. The release or discharge of 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 Arbitration Procedure shall be treated as a grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after made prior to the date the grievance was formally discussed or presented to the Corporation under the Grievance except as to bookkeeping error involving an employee’s wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The shall have the right to be present at all meetings held to resolve or discuss grievance. It is effected. Such special agreed and understood that all time limits in the grievance may procedure shall be settled under the Grievance or Arbitration Procedure by:adhered to except where they are extended by mutual agreement.
Appears in 1 contract
Samples: Collective Agreement
Step No. The An employee may submit having a written grievance signed by the employee question or complaint shall refer it to his immediate supervisorsupervisor within eight (8) working days of the actual occurrence leading to the question or complaint. The grievance supervisor shall identify reply to the nature employee, giving the answer to the complaint or question within four (4) working days from date of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged submission. If further action is then to be violated. The immediate supervisor will deliver his decision in writing taken, then within nine five (95) calendar working days following the day on which the grievance was presented to him. Failing settlement, then: Within nine (9) calendar days following after 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision is given in Step No. the employee, who may request the assistance of his or her Xxxxxxx, shall submit the grievance may be submitted in writing to the Hospital Administrator A meeting then be between the or his designee. A meeting will then be held between the Hospital Executive Director of his designee designated representative and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the partiesemployee. It is understood and agreed that a at such meeting the his designated 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 desire. and that employee may have his Xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at such meetingthe request of either the employee or the Employer. The decision of the Hospital Administrator or her designated representative shall be delivered given in writing within nine five (95) calendar working days following the date meeting. Should the Administrator fail to render his decision as required in Step No. or failing settlement of such A complaint or any grievance under the foregoing procedure arising directly between the Hospital and the Union concerning from the interpretation, application application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. the Agreement shall grievance may be originated at referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within five (5) working days after the decision under Step No. within fourteen (14) calendar is given, or ten working days following the circumstances giving rise meeting under Step of the grievance procedure the grievance shall be deemed 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 have been abandoned and the regular same 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 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. processing of such grievance. The release or discharge of any employee during the probationary period shall not be the subject matter of a grievance further grievance. Any of the time allowances above may be extended by mutual agreement of the parties. In determining the time within which any action is to be taken or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended under the terms of this Agreement, such time limits shall be treated as exclusive of Saturdays. Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in the employee's personnel file. shall have the right to the presence of a grievance Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is lodged by entirely unavailable the employee with shall have the Hospital at Step No. within seven (7) calendar days after right to the date presence of a Union committee member or a member representative of the discharge or suspension employee's choice who is effected. Such special grievance may be settled under working on the Grievance or Arbitration Procedure by:current shift.
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 Within three (93) calendar working days following the day on which the grievance was presented to him. Failing settlement, then: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following after the decision in Step No. is given, the griever, who shall have the assistance of the Grievance Committee, may submit the grievance may be submitted in writing to the Hospital Administrator Group President or his designeedesignate. A meeting will then be held within five (5) working days between the Hospital Executive Director of Group President or his designee designate, and the Grievance Committee within nine (9which the Company may restrict to not more than two (2) calendar days of members at 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 meeting) and the may President or his designate, or the Association shall be present at the meeting. It is further understood that request of either the Hospital Administrator Company or his designee may have such counsel and assistance as he may desire at such meetingthe Association. The decision of the Hospital Group President or his designate shall be delivered in writing within nine seven (97) calendar days following working days. It is understood that the date Group President or his designate, and the Grievance Committee of the Association may have such A complaint council and assistance as they may desire at any such meeting. All decisions arrived at between the Company and the Association shall be final and binding upon the Company, and the Association and the employee or employees concerned. Failing settlement under the foregoing procedure or any grievance between the parties arising from the interpretation, application, administration or alleged violation of the 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 one (1) month after the decision under Step No. is given, the grievance shall be deemed to have been settled. Where no written answer has been given within the time limit specified, the grievance may be submitted to the next step of the foregoing ure, including arbitration It is agreed that a grievance arising directly between the Hospital Company and the Union concerning the interpretation, application or alleged violation of the Agreement Association shall be originated at under Step No. within fourteen (14) calendar days following and the circumstances giving rise time limits set out with respect to the complaint or grievancethat step shall appropriately apply. It is expressly understood, however, that the provisions of this Article Section may not be used with respect to a grievance directly affecting an employee which such employee could himself institute or employees and that the regular grievance procedure shall not be thereby bypassedby-passed. Where a number of employees have identical grievances the same grievance and each employee would be entitled to grieve separately separately, they may present a group grievance in writing identifying signed by each employee who is grieving to at Step No. of the Department Head grievance procedure within three (3) days following the occurrence or his designee within fourteen (14) calendar days after origination of the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the grievance. The grievance shall then be treated as being having been initiated at Step No. processing of such grievancethe grievance procedure and the applicable provisions of this agreement shall then apply. The release I No adjustment effected under the Grievance Procedure or discharge of 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 Arbitration Procedure shall be treated as a grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after made retroactive prior to the date the discharge grievance was formally discussed or suspension is effected. Such special grievance may be settled presented to the Company under the Grievance Procedure except in matters of clerical errors affecting an employee's pay. It is agreed that if there is a period of twelve (12) months since the last disciplinary notice, the previous disciplinary notice shall be removed from the employee's Personnel file. However, it is agreed that should there not be a twelve (12) month period between disciplinary notices, then all such notices shall remain in the employee's Personnel file. It is also agreed that any continuous absence of one (Im)onth or Arbitration Procedure by:more to a maximum of six (6) months will not count as part of the twelve (12) month period.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may submit Xxxxxxx shall deliver to the Director, Security Services or his designate, a copy of the written grievance signed by referred to under 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: Within nine (9) calendar days following the decision under heading Step No. A grievance with respect to discharge shall be delivered to the employee may submit aforesaid officer within five (5) days of the discharge grieved. Within seven (7) days from receipt of the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from by the date on which the written grievance was presented to him. The parties mayDirector, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator Security Services or his designee. A meeting will then be held between designate, or within such longer period as the Hospital 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 A complaint or grievance arising directly between the Hospital Employer and the Union concerning may agree on, a joint composed of three ( 3 ) Union representatives designated by the interpretationUnion, application or alleged violation of along with the Agreement Employer representatives, shall be originated at Step No. within fourteen (14) calendar days following meet and attempt to settle the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that Should the provisions of this Article may grievance 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 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. processing of such grievance. The release or discharge of 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 is lodged settled by the employee with the Hospital at Step No. said joint within seven (7) calendar days of its first or within such longer period as the Employer and the Union may agree on, and if it one which concerns the interpretation, application, administration violation of this Agreement, then Article may be Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the date Employer’s decision has been rendered at Step No. of the discharge or suspension grievance procedure. Where the matter is effectedso referred, the Mediation process shall take place before the matter is referred to Arbitration. Such special Grievance Mediation will within twenty-one days of the grievance being submitted to Mediation. The Grievance Mediation process is without prejudice to any position either party may take should the matter be referred to Arbitration. No matter may be settled under submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The Mediator will be from Independent Mediation Services and must be able to the grievance mediation within the time set out in unless the parties mutually agree to extend the time periods for such Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately with any but will not have the authority to compel the resolution of a grievance. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with Article In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or Arbitration Procedure by:done by the Mediator may be referred to at Arbitration. The Union and the Employer will share the cost, if any, of the Mediator. Notwithstanding Article Saturdays, Sundays and holidays are to be counted in the time limits for grievance mediation. OS Arbitration
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee nurse may submit a written grievance grievance, signed by the employee nurse, to his 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 alleged to be violated. The immediate supervisor will deliver his de her decision in writing within nine (9) calendar days following the day on which the grievance was presented to himher. Failing settlement, then: 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 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: 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 Executive Director of his designee Administrator or 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 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. 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 be used Hospital shall e filed with respect to a grievance directly affecting an employee which such employee could himself 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 employee nurse would be entitled to grieve separately they may 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 any 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 arbitration. 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 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:
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may submit If the grievance is not settled at Step the Nurse and/or a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature representative of the grievance and the remedy sought and should identify the provisions Association may, within ten (10) working days of the Agreement which are alleged date of receiving the answer of the Director of Nurses (or if no answer is received under Step within ten (10) working days after such answer ought to be violated. The immediate supervisor will deliver his have been received) refer the grievance to the Medical Officer of Health or the nominee of the Medical Officer of Health and that officer shall give a decision in writing within nine five (95) calendar working days following of receipt of the day on 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 grievance was presented Association shall attend in order to himdiscuss and attempt to resolve the grievance. Failing settlementIn the case of a Policy Grievance, then: Within nine the time limit for such decision shall be thirty (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 (930) calendar days from the date on which time of receipt of the grievance, If the grievance is not settled at Step No. then the Association may refer the grievance to arbitration. If no written request for arbitration is received within fifteen (15) working days after the final decision is given or after the final decision should have been given, the grievance was presented shall be deemed to himhave been settled. Any of the time allowances provided above may be extended by mutual agreement between the parties. The Employer will pay such Association representatives at their respective salaries for all regular time lost in the investigation or processing of grievances. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, if they so desireafter exhausting the Grievance Procedure established by this Agreement, meet to discuss notify the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted other party in writing of its desire to submit the difference or allegation to arbitration and the contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within five (5) days inform the other party of the name of its appointee to the Hospital Administrator or his designeeArbitration Board. A meeting will then be held between the Hospital Executive Director of his designee and the Grievance Committee The two ( 2 ) appointees so selected shall, within nine (9five ( 5 ) calendar days of the submission appointment of the second of them, appoint a third (3rd) person who the Chairman. If the recipient of the notice fails to appoint an Arbitrator, or if the two ( 2 ) appointees fail to agree upon a Chairman within the time limit, the appointment shall be made by the Minister of Labour of the Province of Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision shall be final and binding upon the parties and upon any Nurse affected by it. The decision of the majority the decision of the Arbitration Board, but if there is no majority the decision of the Chairman governs. The Arbitration Board shall not have any authority to alter or change any of the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions of this Agreement, or in any way modify, add to or detract from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration Board, and will share equally the fees and disbursements of the Chairman. In the event that a Nurse is suspended or discharged and it is considered that an injustice has been done, the matter may be taken up as a grievance at Step No. unless extended by agreement of the partiesGrievance Procedure. 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 A 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 Notwithstanding any other 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 Agreement grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (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. processing of such grievance. The release or discharge of 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under by confirming the Grievance Employer’s action or Arbitration Procedure by: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: Collective Bargaining Agreement
Step No. The employee If the Department Head’s decision is judged to be unsatisfactory, it may submit a written grievance signed be appealed by the Grievance within five (5) days of its receipt. The appeal shall be made by completing the grievance form and mailing it to the Company using the official notice procedure set forth in Article The Resident Manager and/or representatives shall meet with the Grievance Committeeperson within ten (10) days following receipt of such appeal to discuss the grievance. A representativeof the International Union may attend the meeting and witnesses either Party may require may be heard. Within seven (7) days, the Resident Manager’s decision shall be given in writing to the Union, unless a definite date for decision is mutually agreed upon. If no appeal to Arbitration is taken from the Resident Manager’s decision within the time set forth in Article the grievance shall be considered settled on the basis of the Resident Manager’s decision. The Grievance Procedure may be utilized by the Union in processing a grievance which is not a personal grievance and which alleges a violation or misinterpretation of this Agreement. Such grievances may be introduced at Step No. of the Grievance Procedure. In processing such a grievance, the Company and the Union shall observe the specified time limits in appealing and answering. Saturdays, Sundays and Holidays recognized herein shall not be included when determining the time within which any action is to be taken under Articles or Any and all time limits fixed by this Article or Articles and may be extended by mutual agreement in writing between the Company and the Union. Any grievance not answered by the Company within the prescribed time limits may be appealed by the Union to the next step. Grievance meetings will be held during working hours and neither a Grievance Committeeperson nor a will suffer any loss of pay for attendance. To attend a Grievance Meeting within working hours a Grievance Committeeperson or a must obtain permission from Supervisor to leave work. Such permission will not be refused arbitrarily. Time spent in scheduled Grievance Meetings with the Company during a Committeeperson’s or a regular scheduled shift shall be considered as time worked for the purpose of computing overtime. When Step and Grievance Meetings are scheduled outside or go beyond the regular scheduled shift of the Grievance Committeeperson referred to in shall be paid one (1) hour at straight time rates for such attendance in addition to hours lost during regular scheduled shift. When an employee completes one (1) year of active service free of any written disciplinary action, official previous disciplinary record maintained in the Human Resources Department will not be referred to his immediate supervisoror considered in establishing any future discipline for When an employee has been disciplined, the Human Resources Department will, upon request, inform the Union President, or the Grievance Committeeperson involved of the employee’s disciplinary record. When an employee has been disciplined, the Human Resources Department will send copies of all such written discipline to the Union. If the facts alleged in a grievance involving a number of employees are identicaland the remedy sought is the same, a decision on the grievance of one of the employees involved will be applied to all who are entitled, at that time, to such a decision without the necessity of each filing an individual grievance. A grievance which is identical in facts to a grievance that is pending will not be heard at Step and pending resolution of the matter. When the Company has established that an infraction has been committed by an employee and that disciplinary action is warranted, will be disciplined within seven (7) working days. A grievance concerning the interpretation or alleged violation of the Collective Agreement, which has been properly carried through all the steps of the grievance procedure described in Article and which has not been settled, may be referred to Arbitration within twenty-one (21) days following the Company’s Step No. answer. The grievance shall identify be referred to Arbitration using the nature procedure covering official notices set forth in Article Within ten (10) days following receipt of notice that a grievance has been referred to Arbitration, the Parties can agree on the choice of an Arbitrator. If agreement is not reached within this ten day period, the designation of the grievance and Arbitrator shall be by rotation from the remedy sought and should identify following roster: Xxxxxx Xxxxxx Xxxxx Xxxxxxx Should a person selected in rotation from the panel be unable to act for any reason, he shall not be asked again until his name comes up again in the normal rotation order unless mutually agreed upon in accordance with the provisions of Section Should the Agreement which preceding methods of selecting an Arbitrator fail, the Minister of Labour of the Government of Newfoundland and Labrador will be asked to nominate one. Upon thirty (30) days written notice, the Company and the Union shall each be entitled to strike one name from the Panel of Arbitrators during the term of this Agreement. Two (2) or more grievances may be presented to an Arbitrator if the Company and the Union mutually agree. Arbitration hearings shall be held in unless some other place is mutually agreed between the Parties. Arbitration hearings shall be held within thirty (30) days following notice to the Arbitrator of his selection and if further hearings are alleged to required they shall be violated. The immediate supervisor will deliver his decision in writing held within nine thirty (930) calendar days following the day on which the grievance was presented to him. Failing settlement, then: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital 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 last meeting. The decision of the Hospital Arbitrator shall be delivered in writing forwarded to the Parties within nine thirty (930) calendar days following the date last day of such A complaint or grievance arising directly the Arbitration hearing. These time limits may be extended by mutual agreement between the Hospital and the Union concerning the interpretation, application or alleged violation Parties. The decision of the Agreement Arbitrator shall be originated at Step Nobinding on both Parties. within fourteen (14) calendar days following the circumstances giving rise The Arbitrator shall have jurisdiction and authority only to the complaint or grievance. It is expressly understood, however, that interpret and apply the provisions of this Article may Agreement so far as shall be necessary to the determination of the grievance and shall not be used have any power to alter or change in any way the provisions of this Agreement or to substitute any new provisions for any existing provisions; nor to give any decision inconsistent with respect to a grievance directly affecting an employee which such employee could himself institute the terms or provisions of this Agreement; nor shall any past practices or customs become binding unless they are in writing between the Company and the regular grievance procedure shall not be thereby bypassedUnion. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance No award 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. processing of such grievance. The release or discharge of 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 Arbitration shall be treated as a grievance is lodged by the employee with the Hospital at Step No. within seven retroactive beyond fifteen (715) calendar days after prior to the date the discharge or grievance was first presented in writing. The Arbitration shall have authority to modify the penalty in a grievance involving the suspension is effectedof an employee, but shall have no authority beyond that provided for in Article in a grievance involving discharge. Such special grievance may The Parties will jointly bear the expenses No person shall be settled under selected as Arbitrator who has been directly involved in attempts to settle the Grievance or Arbitration Procedure by:grievance
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may Within five (5) working days (seven (7) working days for employees on weekend shifts) after the decision is given under Step No. the with the assistance of the Grievance Committee, will submit a written the grievance signed by in writing to the employee to Plant Manager, or in his immediate supervisorabsence, the Personnel Manager of the Company. The grievance shall identify state the nature of for 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: Within nine (9) calendar days following the Plant Manager or Personnel Manager's decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designeebeing unacceptable. A meeting will then be held between betweenthe Plant Manageror PersonnelManager and the Hospital Executive Director GrievanceCommittee, and an accredited representative of his designee and the Union shall be present at the request of either the Company or the Union. The Xxxxxxx from the area concerned or the Chief Xxxxxxx, if he has been inthe settlement grievance may displace one of the members of the Grievance Committee within nine (9) calendar days at such meeting. The Union Committeewill notify the Company of any Xxxxxxx or wishing to attend a meeting grievance. The decision of the submission of the grievance at Step No. unless extended by agreement of the partiesPlant Manageror Personnel Manager shall be delivered in writing within seven (7) working days. 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 Plant Manager or his designee Personnel Manager may have such counsel and assistance as he may desire at such meeting. The decision any meetingwith the UnionGrievance m Any policy grievance or collective grievance may be submitted by the Department Xxxxxxx or in case of absence of the Hospital shall be delivered in writing within nine (9) calendar days following DepartmentSteward, by the date Chief Xxxxxxx or Assistant Chief Xxxxxxxxx the Shift Supervisoror the same delays as spelled out above, grievance is signed by at least one of such A complaint or grievance arising directly the employees involved, one of the Officers of the Union, Failing settlement under the foregoing procedure of any difference between the Hospital and the Union concerning partiesarisingfrom the interpretation,application,administrationor allegedviolation of this agreement, application includingany question as to whether a matter is arbitrable, such difference or alleged violation of question may be submittedto arbitration as hereinafter provided. If no written request for arbitration is receivedwithin ten working days after the Agreement shall be originated at decision under Step No. within fourteen (14) calendar is given, it shall be deemed to have been settled or abandoned. For the purposes of Articles and a working day means a day from Monday to Friday, excluding Statutory Holidaysand days following when the circumstances giving rise Personnel Department is closed. All agreements reached under the Grievance Procedure between the representativesof the Company and the the Union or between the and the Company, provided it is not contrary to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not agreement, will be used with respect to a grievance directly affecting an employee which such employee could himself institute final and binding upon the Company, the Union, and the regular grievance procedure employees. The Union will be notified of any agreement reached under this procedure. In all steps of the Grievance Procedure,where no written answer has been given within the time concernedor the Union,as the case may be, 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 a group submit the grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen next step of the Grievance Procedure, in arbitration. have accessto the view disputedoperations Any and alltime by this article and Article may at any time be extended by written agreement betweenthe Company and the Union. At the request of either party, a meetingwill be held once each month betweenthe GrievanceCommitteeand a Company Committeeappointed bythe Plant Manager. Such meeting shall be held not morethan two (142) calendar days weeks after the circumstances giving rise to presentationof 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. processing of such grievance. The release or discharge of 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 is lodged proposed agenda 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:party requestingthe meeting.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee Union Grievance Committee shall meet within five (5) days with management to consider the grievance. At this stage, they may submit be accompanied by a representative of the International Organization. A error in the written grievance signed by submission will not cause annulment of the employee to his immediate supervisorgrievance. The grievance shall identify the nature If final settlement of the grievance and is not completed within seven (7) days after 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: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision meeting in Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to an arbitrator at any time within twenty-one (21) days thereafter but not later. The arbitrator shall be chosen from the list below on a rotating basis provided the arbitrator selected is able to accept the referral in rotation: Xxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxx The decisions of the Arbitrator constituted in the above manner be binding on both parties. The Arbitrator not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will jointly bear the expenses of the Arbitrator. No person shall be selected as arbitrator who has been involved in attempts to negotiate or settle the grievance. Any differences which arise directly between the Union and the Company concerning the interpretation, application or non-application, or violation of this Agreement, instead of following the procedure hereinbefore set out, may be submitted in writing by either of the parties to the Hospital Administrator or his designee. A meeting will then other with opportunity to be held provided within seven days for oral discussion between the Hospital Executive Director officers of his designee 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 within nine (9) calendar days to discuss the matter. The decision of the submission party to whom the matter was first submitted shall be given within seven days after such meeting. in event that any difference concerning the interpretation,application or non-application, or violation of this Agreement not have been satisfactorily settled under the foregoing provisions, the matter may then, by notice in writing given by one party to the other, within fifteen working days from the giving of the decision of the management representative at Stage Three, or the decision of the Company in the preceding paragraph, be referred to arbitration as hereinafter provided. If no decision be given within seven days' period allowed above, the notice of arbitration may be given within fifteen days after the expiry of such seven working day period. Where two or more employees in the same department have complaints which are sufficiently common in nature that they may be conveniently dealt with together, such complaints shall constitute a group grievance and shall be handled as follows: Grievances processed under this section shall comply with the time limits set out above. Saturdays, Sundays and holidays shall not be counted in the time within which any action is to be taken in each of the foregoing stages. Any and all time fixed by this Article may, at Step No. unless any time, be extended by agreement of in writing between the partiesCompany and the Union. 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 A 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 Section of this Article Agreement may not be used with respect by the Union to process the grievances of individual employees. Any employee grievance alleging unjust discipline or discharge may be referred to a grievance directly affecting single arbitrator as outlined in Where an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where arbitrator determines that a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (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. processing of such grievance. The release disciplinary penalty or discharge of any employee during is excessive he or she will have the probationary period shall not be power to substitute such other penalty for the subject of a grievance discipline or arbitration. A claim by an employee who has completed his probationary period that discharge as he has been unjustly discharged or suspended shall be treated as a grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:she considers just and reasonable in all circumstances.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may Union will 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: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator Chief Executive Officer of the Board. The Chief Executive Officer of the Board or his designeenominee, and two trustees shall meet within five (5) days to discuss and to endeavour to settle the grievance. A meeting will then The Human Resources Manager may also be held between the Hospital Executive Director of his designee and the present. The Union shall have their Grievance Committee within nine (9) calendar days present, and at the request of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that either party to this Agreement, a national representative of the Canadian Union of Public Employees and shall also be present. A decision will be rendered through the may be present at Chief Executive Officer within five (5) days. If 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 answer of the Hospital shall be delivered in writing within nine (9) calendar days following committee of the date Board of such A complaint or Education is not satisfactory and if the grievance arising directly between the Hospital and the Union concerning is one which concerns the interpretation, application application, administration or alleged violation of the Agreement, the grievance may or may not be referred by the Union to a Board of Arbitration as provided in Article at any time within fifteen (15) days of receipt of the decision, but not later. In the computation of time in Articles and Saturdays, Sundays and staff holidays shall not be counted. any employee covered by this Agreement is called to the office concerning a disciplinary matter, the employee shall be originated accompanied by a member of the Union Executive. The employer shall advise the employee of the requirement to be accompanied by a member of the Union Executive, and agrees that no disciplinary matter will be discussed without the presence of the aforementioned member of the Union Executive. Where there is a dispute involving the Union as such or all of the employees in the bargaining unit or all employees in a job group [as defined in Article in respect of which an individual employee could not grieve, the Union may file a grievance in its own name at Step No. within fourteen (14) calendar days following of the circumstances giving rise grievance procedure. An employee shall have the right to have access to and review personnel file, and shall have the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect right 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 a group grievance respond 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 any document contained therein. Such a reply shall become part of the The grievance shall then be treated as being initiated at Step No. processing of such grievance. The release or discharge of 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:permanent record.
Appears in 1 contract
Samples: Collective Agreement
Step No. Any regular employee who has a e grievance verbally to his Supervisor and xxxx Xxxxxxx. The employee Supervisor shall s three (3)working days of such m not satisfactorily adjust the grievance, it may submit a written grievance signed be appealed to Step following. in writing, in triplicate, by the employee to his immediate supervisoraggrieved em- Committee. The grievance It shall identify the nature be particulars of Article and Section of the grievance and the remedy sought and should identify the provisions Collective Agreement alleged to have been he date of the Agreement which are alleged to submission, as well as the corrective of the Company, and shall 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 himDivisional to handle Step Within five working days of receipt of the appeal or within any agreed upon extension, Divisional Management designated to handle Step will meet with up to two (2) members of the Grievance Committee in an attempt to resolve the grievance. Failing settlement, then: 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 A days from the date on which written decision of Divisional Management, or their designate, through the written grievance was presented to him. The parties mayManager, if they so desireEmployee and Labour Relations, meet to discuss setting forth the grievance at a time and place suitable to both parties. This step may be omitted where areas or points of disagreement with the employee's immediate supervisor and Department Head are Step members of the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Executive Director of his designee Grievance 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 Local President, 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 A complaint Bargaining Unit Chairperson, or grievance arising directly between the Hospital and the Union concerning the interpretationdesignated alternate, 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 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. processing of such grievance. The release or discharge of 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar working days after or a time mutually agreed upon. The two jointly will discuss the grievance and may request the attendance of any person or persons interested or involved. The Management Committee will render its decision in writing within seven (7) working days from the date of such meeting to the discharge Local or suspension is effectedBargaining Unit. Such special If the decision does not bring about a satisfactory settlement, the grievance may be settled referred by either party to arbitration as provided for in Article Should a regular employee claim that he has been un- justly discharged and wishes to seek redress under the Grievance grievance procedure, he must present such grievance, in writing, within five days of his discharge and may do so at Step of the grievance pro- cedure. Failure by the Company to reply to grievances within the time limits provided in this agreement, or Arbitration Procedure by:any agreed upon extension, will result in the grievance being processed to the next Step within the grievance procedure. An employee and/or Xxxxxxx shall obtain the per- mission of his Supervisor before interrupting or leaving his work to deal with a grievance. Permission will not be arbitrarily or unreason- ably withheld. In this Article only, when computing working days, Saturdays, Sundays and recognized holidays shall not be included.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. The employee may submit a written Within twenty working days after the circum- stances giving rise to the grievance signed by occurred or originated (save and except grievances arising out of discharge cases in which case the grievance shall be brought forward within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to his immediate supervisorwriting to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance 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 settlementcommittee, then: Within nine (9) calendar days following the decision under Step No. the employee if it considers it a valid grievance, may submit the written grievance to his Department Head who will deliver his decision a committee of the Association and the respective committees shall meet within five working days thereafter in writing an endeavour to settle the grievance. If a satisfactory settlement is not reached within nine (9) calendar five working days from this meeting and if this grievance is one which concerns the date on which interpretation or alleged violation of the written grievance was presented to him. The parties mayagreement, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted to arbitration as provided in writing Article VI below at any time within twenty working days thereafter but not later, or referred to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Executive Director of his designee and the Grievance Committee within nine (9) calendar days Ontario Labour Relations Board for arbitration pursuant to Section of the submission Ontario Labour Relations Act within a reasonable time which shall Grievances dealing with alleged violation of the grievance payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. unless extended by agreement of 1 within 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 A 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 a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days three months after the circumstances giving rise to the grievance have occurred or ought reasonably originated. It is further understood that the adjustment of any such grievance be retroactive to have come the first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in Section herein or three months after the circumstances giving rise to the grievance were brought to the attention of the The and the Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of any such grievance shall then be treated as being initiated at Step No. processing retroactive to the first day of such grievance. The release or discharge of 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:alleged violation.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee employee, with the assistance of Xxxxxxx, may submit a written present grievance signed by in writing to the employee to his immediate supervisor. The grievance appropriate Superintendent or Comptroller or designate, who 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 three (93) calendar working days following falling the day on which of the grievance was presented to himthen within ten (10) working days after the decision i s given, The Union Grievance Committee may present the grievance in writing to the Director of Education or designate. A meeting be held within ten (10) working days between the Director of Education or designate and the Union Grievance Committee, A Staff Representative of the Union may be present at the request of either the Board or the Union. It is understood that the Director of Education or designate shall have such counsel and assistance as desire at any meeting with the Grievance Committee. Failing settlement, then: Within nine the decision of the Director of Education or designate shall be delivered in writing within working days to the Union. settlement under the foregoing procedure of any grievance between the parties arising 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 thirty (930) calendar working days following after 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 mayi s given, if they so desire, meet to discuss the grievance at a shall be deemed to have been settled or Where no answer has been given within the time and place suitable to both parties. This step may be omitted where l i m i t specified, the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Executive Director of his designee and the Grievance Committee within nine (9) calendar days next step of the submission of the grievance at Step No. unless extended by agreement of the partiesforegoing procedure, including arbitration. 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 A complaint or grievance arising directly between the Hospital Board and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at by either party under Step No. within fourteen (14) calendar days following and the circumstances giving rise time out with respect to the complaint or grievancethat Step shall appropriately apply. It is expressly i s understood, however, that the provisions of this Article section may not be used with respect to a grievance directly affecting an .an employee which such employee could himself institute and that 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 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. processing of such grievance. The release or discharge of 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 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 No adjustment effected under the Grievance Procedure or Arbitration Procedure by:shall be made retroactive prior to the date. the grievance was formally discussed or presented to the under the Grievance Procedure except as to bookkeeping error involving an wage.
Appears in 1 contract
Samples: Collective Agreement
Step No. The aggrieved employee or a Union Representative may submit present his signed grievance (which shall be reduced to writing on a written grievance signed form supplied by the employee Union and approved by the Company) to his the Division Head concerned who shall consider it the presence of the and a member the Grievance Committee, and the immediate supervisorSupervisor within O full working days if possible. The grievance Division Head 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 render his decision in writing within nine (9) calendar working days following of the day on interview or any longer period which may be mutually agreed upon. no satisfactory settlement is reached, the next step the grievance was presented to himprocedure may be taken at any time within working days thereafter. Failing settlement, then: Within nine (9) calendar days following the decision under Step No. the The aggrieved employee may submit the written his grievance to his Department Head who will deliver his decision in writing to the full Grievance Committee of the Union. The Grievance Committee of the Union shall meet within nine (9) calendar working clays with the of Transportation and the Commissioner of Human Resources, or their representatives, to consider the grievance. At this they may be accompanied a representative of the International organization if his presence is requested by either party. If final settlement of the grievance is not completed within working days from after deliberations with the date on of or his representative, have commenced and if the grievance is one which the written grievance was presented to him. The parties mayinterpretation or of the agreement, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted referred by either party to a Board of Arbitration as provided in writing to the Hospital Administrator or his designeeArticle below, any within working days after a decision been reached but not later. A meeting will then be held between the Hospital Executive Director of his designee and the Grievance Committee within nine (9) calendar days of For 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 grievances as he may desire at such meeting. The decision of the Hospital provided above, working days shall be delivered in writing within nine (9) as the days on which the Company's Head is open to the public for transaction of regular business, otherwise days are calendar days following the date of such A complaint days. Both parties to this agreement agree any dispute or grievance arising directly between the Hospital and the Union concerning the interpretation, application interpretation or alleged violation of this agreement, which has been properly carried through all the Agreement steps of the grievance procedure outlined in Article above, and which has not been settled, will be referred to a Board of Arbitration at the of of the parties hereto. Board of will be composed of person appointed by the Company, and person appointed by the Union, and a third person to act as chairperson chosen by the other members of the Board. Within days of the request by either party for a Board, each party shall notify the other of the name of its appointee. the person chosen by the Company to act on the Board and the person chosen by the Union, fail to agree on a person within days of the notification mentioned in above, the Minister of Labour of Province of Ontario will be asked to nominate the chairperson. The Board of Arbitration constituted in the above manner shall deal only with the matter in dispute, and the or majority decision of said Board shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise binding on both The Board of Arbitration shall not have any power to the complaint or grievance. It is expressly understood, however, that change any of the provisions of this Article may not be used agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with respect the terms and provisions of this agreement. Each of the to a grievance directly affecting an employee which such employee could himself institute this agreement will bear the expenses of the arbitrator appointed by it; 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 a group grievance in writing identifying each employee who is grieving to parties will jointly bear 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 expense, if any, of the The grievance chairperson. No person shall then be treated selected as being initiated at Step No. processing of such grievance. The release or discharge of any employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee arbitrator who has completed his probationary period that he has been unjustly discharged directly involved in attempts to negotiate or suspended shall be treated as a grievance is lodged by settle 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:grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. The An employee may submit present a written grievance signed by to Management's representative at 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: Within nine (9) calendar days following second step when the decision under Step No. rendered by representative at the employee may submit the written grievance first step is not satisfactory to his Department Head who will deliver his within ten (10) days after that decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted has been conveyed in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Executive Director of his designee and the Grievance Committee within nine (9) calendar days of the submission of Management's shall reply to the grievance within seven (7) days after the grievance is presented. Management's representative at Step No. unless extended is the appropriate Director. An may present a grievance to representative at the third step when the decision rendered by agreement of Management's representative at the partiesstep is not satisfactory to him within ten (10) days that decision has been con- veyed in writing to Management's representative at Step No. It is understood and agreed that a the Executive Director or his representative. representative of at Step No. shall reply to an employee's grievance within seven (7)days after the Canadian Union of Public Employees grievance is presented in accordance with Clause A grievance arising between the Corporation 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 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement this shall be originated In the case of the such a grievance shall be to the Corporation's designated representative at Step No. of the grievance within fourteen (1415) calendar days following the date on which it becomes aware of the circumstances giving rise to the complaint or grievance. It In the case of the Corporation, such a grievance shall be presented to the 5) days of the on which it becomes aware of the circumstances rise to the grievance. When such a is expressly understoodreceived by either party, howevera shall be convened between Public of Canada representatives of the two (2) parties within ten days in effort to resolve the issue in dispute. settlement within fifteen 5) days of the date on which the grievance was submitted, the grievance m y be to arbitration, as hereinafter provided. The parties that such a grievance shall not be to circumvent the normal grievance procedure. When an employee has been represented by the Alliance in the presentation of his grievance, the Corporation provide the appropriate representative of the with a copy of the Corporation's decision at each step of the grievance procedure at same time that the provisions of this Article may not be used with respect Corporation's decision is to a grievance directly affecting the employee. When the Corporation discharges an employee which such employee could himself institute and employee, 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 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 as follows: the grievance have occurred or ought reasonably to have come to may be presented at the attention of Final Step only, within ten days following discharge; and the The grievance shall then be treated as being initiated at Step No. processing of such grievance. The release or discharge of 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after day time limit within which the date Corporation to reply at the discharge or suspension Step is effectedextended to twenty (20) days. Such special An employee may, by written notice to the Management representative his grievance, abandon the grievance. Failing a reply from the Employer within the time limits specified at any step, the employee may, within the next ten (10) days, the grievance to the next higher step of the procedure. Any employee who to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond his control, he was unable to comply with the prescribed time limits. A of an employee shall not be to be by reason only of the it is not in accordance with the form supplied by the Corporation. In determining the time within which any action is to be taken as prescribed m this procedure, Saturdays, Sundays and Holidays shall be excluded, The time limits stipulated in this Article may be settled under extended by mutual agreement, between the Grievance or Arbitration Procedure by:Corporation and the employees, and where appropriate, the Alliance.
Appears in 1 contract
Samples: Collective Agreement
Step No. The employee may If the answer is not satisfactory to the employee, the Union will 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: 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 time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Executive Director of his designee Education, or designate, within five (5) days after receipt of the response at Step The Director of Education, or designate, and up to two trustees shall meet within twenty (20) working days to discuss and to endeavour to settle the grievance. The Superintendent and/or designate and the Manager of Employee Services may also be present. The Union shall have their Grievance Committee present, and at the request of either party to this Agreement, a national representative of the Union shall also be present. The Director of Education, or designate, shall give an answer in writing within nine five (95) calendar days of the submission meeting. If the answer of the grievance at Step No. unless extended by agreement committee of the parties. It Board of Education is understood not satisfactory and agreed that a representative of if the Canadian Union of Public Employees and the may be present at the meeting. It grievance 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 A complaint or grievance arising directly between the Hospital and the Union concerning one which concerns the interpretation, application application, administration or alleged violation of the Agreement shall Agreement, the grievance may or may not be originated referred by the Union to a Board of Arbitration as provided in Article at Step Noany time within fifteen (15) days of receipt of the decision, but not later. within fourteen During the fifteen (1415) calendar day period, the Union may request, in writing, to refer the grievance to grievance mediation. Should the Employer agree to grievance mediation, the fifteen (15) day period will be suspended at that point in time until the date of mediation, but not later than thirty (30) days following the circumstances giving rise to request for grievance mediation. In the complaint or grievance. It is expressly understoodcomputation of time in Articles and Saturdays, 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 Sundays and the regular grievance procedure staff holidays shall not be thereby bypassedcounted. When any employee covered by this Agreement is called to a disciplinary meeting, the employee shall be accompanied by an Area Xxxxxxx or designate. The Employer shall advise the employee of the requirement to be accompanied by an Area Xxxxxxx or designate, and agrees that no disciplinary matter will be discussed without the presence of the aforementioned member of the Union Executive. Where there is a number dispute involving the Union as such or all of the employees have identical grievances and each in the bargaining unit or all employees in a Classification Group (as defined in Schedule A) in respect of which an individual employee would be entitled to grieve separately they could not grieve, the Union may present file a group grievance in writing identifying each employee who is grieving its own name at Step of the grievance procedure. Notwithstanding Step of the grievance process, the National Representative may attend any grievance meeting with the employer at the joint request of the parties to this Agreement. Should a management representative fail to communicate written response within the time limit prescribed in Article the may carry grievance to the Department Head or his designee next step within fourteen (14) calendar days after the circumstances giving rise stipulated Notwithstanding Articles and should the and/or the Union fail 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. processing of such grievance. The release or discharge of 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 is lodged abide by the employee with time lines specified in Articles and/or the Hospital at Step No. within seven (7) calendar days after Parties will deem the date the discharge or suspension is effected. Such special grievance may matter to be settled under the Grievance or Arbitration Procedure by:resolved.
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: 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 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: 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 Executive Director of his designee Administrator or 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 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 such employee could himself institute and the regular grievance procedure shall not be thereby bypassedLocal President or her designate. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may 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. processing of such grievance. The release or discharge of any 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 arbitrationright 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 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:
Appears in 1 contract
Samples: Collective Agreement
Step No. If the decision of the immediate xxxxxxx is not acceptable to the employee, he may appeal the decision to the Human Resources Manager or his designated representative, within two (2) working days from the date that he received the decision from his immediate xxxxxxx. The third step grievance meeting will be held within working days of the receipt of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will be altered to accommodate the grievance meeting schedule and employees will be required to work both before and after the meeting up until their revised quitting time. In the event that arbitration of a grievance is desired by either party, then the other party shall be notified in writing not later than twenty (20) working days after receipt of the answer in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be substituted. Xxxxxx Xxxxx G Xxxxx The arbitrator shall not have jurisdiction to alter or change any of the provisions of this agreement, or to substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this agreement, or to deal with any matter not covered by this agreement. The arbitrator in discharge and suspension cases shall be authorized to maintain the discharge or suspension, make the whole, or make any modification as to compensation which is just and equitable in the opinion of the arbitrator. The parties shall equally share the fee and expenses of the arbitrator. No grievance shall be considered if the alleged circumstances of the grievance occurred more than fifteen (15) working days prior to the submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other than a probationary employee, shall be given an opportunity to explain the circumstances of his discharge or indefinite suspension to his Committeeman or xxxxxxx before leaving the plant. Such discharged or indefinitely suspended employee may submit present a grievance in writing, either directly or through his committeeman or xxxxxxx, within five (5) working days from the date of his discharge or indefinite suspension. Such grievance shall be lodged at Step No. of the grievance procedure. The Company shall furnish the Union with copies of written warnings, suspensions, and discharges. In the case of termination, the Plant Chairperson or his designate will be advised no later than his next regular shift. An employee's committeeman or xxxxxxx shall be in attendance when he is to be formally disciplined. The Company agrees to remove any discipline notation from the employee's record eighteen (18) months after the giving of such discipline notation unless within the two-year period the misconduct giving rise to the discipline notation is repeated, in which case the two-year period referred to above is waived. Such removed notation will not be cited or relied upon subsequently. A grievance signed relating to the same issue and providing the circumstances are similar pertaining to two or more employees will be considered a group grievance and subject to the grievance procedure. Union policy grievances will be limited to grievances which claim incorrect interpretation or administration of the agreement which may affect the collective interests of the bargaining unit and grievances lodged by the employee Company may be raised by either xxxxx by notifying the other in writing as to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions within fifteen (15) working days of the Agreement incident which are alleged gave rise to the grievance. Such grievance will be violated. The immediate supervisor will deliver his decision in writing within nine (9) calendar days following discussed beginning at the day on which 3rd step of the grievance was presented procedure. Should the parties fail to himresolve such grievance it may be referred to arbitration. Failing settlementIt is understood that it will not be used to by-pass the regular grievance procedure. Written warnings, then: Within nine suspensions, and discharges shall be given three (93) 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 working days from the date on which of the written grievance was presented to himmisconduct. The parties may, if they so desire, meet to discuss time limits as outlined in the grievance at a time and place suitable to both parties. This step procedure may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital 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 A 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 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. processing of such grievance. The release or discharge of 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 is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:mutual agreement.
Appears in 1 contract
Samples: Collective Agreement