Common use of Step No Clause in Contracts

Step No. Within eight (8) working days for Full-time or calendar days for Part-time units, after the decision is given in Step No. the employee, who may request the assistance of the Union Committee, may forward the grievance in writing to the Director of Human Resources. A meeting between the aggrieved employee and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight (8) working days for Full-time or calendar days for Part-time units, following submission of the grievance, or as may be extended by mutual agreement of the Parties. It is understood that the Director of Human Resources may have such counsel and assistance as he may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present at the request of the Director of Human Resources, or the Union. The decision of the Director of Human Resources or designate shall be given in writing within eight (8) working days following the meeting. Failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provision for existing provisions, nor to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, shall not be made the subject of another grievance. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.

Appears in 1 contract

Samples: Master Agreement

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Step No. Within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, after following the decision is given under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then : Step No. Within nine (9) calendar days following the decision in Step No. the employee, who grievance may request the assistance of the Union Committee, may forward the grievance be submitted in writing to the Director of Human ResourcesHospital Administrator or her designate. A meeting will then be held between the aggrieved employee Hospital Administrator or her designate and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be at Step No. unless extended by mutual agreement of the PartiestI!e parties. It is understood and agreed that a representative of the Ontario Nurses’ Association and the may be present at the meeting. It is further understood that the Director of Human Resources Hospital Administrator or her designate may have such counsel and assistance as he she may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The decision of the Director of Human Resources or designate shall be given delivered in writing within eight nine (8) working 9) days following the date of such meeting. Failing settlement of any A complaint or grievance under arising directly between the foregoing procedure arising from Hospital and the Association concerning the interpretation, application, administration application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days owing the circumstances rise to the or grievance. A by t e Hospital shall e filed with the Local or her designate. resident Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or her designate within fourteen (14 calendar days after the circumstances giving rise to 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 of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is released for exercising a right under this Agreement, including any question . A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be treated as to whether a matter grievance if a written statement of such grievance is arbitrable, lodged by the 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 referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within the various time limits specified settled under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provision for existing provisions, nor to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, shall not be made the subject of another grievance. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.by:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, after following the decision is given under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then : Step No. Within nine (9 calendar days following the decision in Step No. the employee, who t e grievance may request the assistance of the Union Committee, may forward the grievance be submitted in writing to the Director of Human ResourcesHospital Administrator or her designate. A meeting will then be held between the aggrieved employee Hospital Administrator her designate and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be at Step xxxx that No. unless extended by mutual agreement of the Partiest e parties. It is understood and a a representative of the Ontario Nurses' and the may be present at the meeting. It is further understood that the Director of Human Resources Hospital Administrator or her designate may have such counsel and assistance as he she may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The decision of the Director of Human Resources or designate shall be given delivered in writing within eight nine (8) working 9) days following the date. of such meeting. Failing settlement of any A complaint or grievance under -arising directly between the foregoing procedure arising from Hospital and the Association concerning the interpretation, application, administration application or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, the grievance may Agreement shall be referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under originated at Step No. is given, it within fourteen (14) calendar days following the circumstances rise to the or grievance. A y the Hospital shall e filed with the Local or her designate. Bresident Where a number of nurses have identical grievances and each nurse would be deemed entitled to have been settled. Should any grievance not be submitted within the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and grieve separately they may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as present a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed signed by each nurse who is grieving to the other Party Director of Nursing or her designate within fourteen (14 calendar days after the circumstances giving rise to 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 No. and the applicable provisions of processing of such grievance, and shall contain the name of the Party's nominee . this Article xXxxx then apply with respect to the Board -The-release of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provision for existing provisions, nor to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, nurse shall not be made the subject of another grievance. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to Arbitration. If the Parties agree to the use of grievance procedure unless the probationary nurse for a single Arbitrator, then the cost right under this A A claim by a nurse who as c her pro period that she has been unjust or suspended shall be treated as a grievance f a writ en statement of such Arbitrator shall be shared equally grievance is lodged by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere nurse with the function of Hospital at Step No. within seven (7) calendar days after the. date the Home.discharge or suspension is effected. Such special grievance be settled under Grievance or Arbitration Procedure by:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight 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 (8) working days for Full-time or 9) calendar days for Part-time unitsfollowing the day on which the grievance was presented to him. Failing settlement, after then: Step No. Within nine (9) calendardays following the decision is given under Step No. the employee may submit the written grievance to his Department Head who deliver his decision in writing within nine (9) calendar days the date on which the written grievance was presentedto him. The parties may, if they desire, meet to 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: No Within nine (9) calendar days following the decision in Step No. the employee, who grievance may request the assistance of the Union Committee, may forward the grievance in writing be submitted inwriting to the Director of Human ResourcesHospitalAdministrator or his designee. A meeting between will then be held the aggrieved employee Hospital Administrator or his designee and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be grievance at Step No. unless extended by mutual agreement of the Partiesparties. It is understood and agreed that representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the Director of Human Resources Hospital Administrator or his designee may have such counsel and assistance as he may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Union. such The decision of the Director of Human Resources or designate Hospital shall be given delivered in writing within eight within.nine (8) working 9) calendar days following the date of such meeting. Failing settlement of any A complaint or grievance under arising directly between the foregoing procedure arising from Hospital and the concerning the interpretation, application, administration application or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, the grievance may Agreement shall be referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under originated at Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within fourteen (14) calendar days following the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed circumstances giving rise to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of It is expressly understood, however, that the provisions of this Agreement, 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 numberof employees have 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 substitute any new provision for existing provisions, nor the grievance have occurred or ought reasonably to deal with any matter not covered by this Agreementhave to the attention of the The grievance shall then be treated as being initiated at Step No. The decision of any Board of Arbitration shall be consistent with and the terms and applicable provisions of this Agreement. Proceedings before Article shall then apply with respect to the Arbitrators shall be expedited by the Parties heretoprocessing of such grievance. The decision release or discharge of an employee during the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, probationary period shall not be made the subject of another grievancea grievance or arbitration. Nothing in this Agreement A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall prevent be treated as a grievance if a written statement of such grievance is lodged by the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which 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 referred to Arbitration. If settled under the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint Grievance or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.Procedure by:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight (8) working days for Full-time or The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his decision in writing within nine calendar days for Part-time unitsfollowing the day on which the grievance was presented to him. Failing settlement, after then: No. Within nine (9) calendar days following the decision is given 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: No. Within nine (9)calendar days following the decision in Step No. the employee, who grievance may request the assistance of the Union Committee, may forward the grievance be submitted in writing to the Director of Human ResourcesHospital Administrator or his designee. A meeting will then be held between the aggrieved employee Hospital Administrator or his designee and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight (8) working days for Full-time or nine calendar days for Part-time units, following of the submission of the grievance, or as may be grievance at Step No. unless extended by mutual agreement of the Partiesparties. 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 Director of Human Resources may Hospital Administrator or his designee have such counsel and assistance as he may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The decision of the Director of Human Resources or designate Hospital shall be given in writing within eight nine (8) working 9) calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the application or alleged violation of the Agreement shall be originated at Step No. within fourteen calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each would be entitled grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen 4) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7)calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the Hospital's action in dismissing the employee; or reinstating the employee with or without full compensation for the time lost; or by any other arrangement which may be deemed just and 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 of any grievance under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the such grievance may be referred to Arbitration by either Partysubmitted arbitration as hereinafter provided. If no written request for Arbitration arbitration is received within ten working days for Full-time or eighteen 18) calendar days for Part-time units after the decision under Step No. is given, it the grievance shall be deemed to have been settledabandoned. Should any grievance not be submitted Where such a written request is postmarked within sixteen calendar days after the decision under Step No. deemed to have been received within the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Partieslimits. All agreements reached under the Grievance Procedure between the representatives of the Union Hospital and the representatives of the Home, Union will be final and binding upon the Home, Hospital and the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party party requests that a grievance any matter be submitted to Arbitrationarbitration as provided in the foregoing Article, the it shall make such request shall be in writing addressed to the other Party of the grievanceparty to this Agreement, and shall contain at the name of the Party's nominee to the Board of Arbitrationsame time a nominee. The other Party to the Agreement shall, within ten working days for Full-time or Within seven (7) calendar days for Part-time units thereafterthereafter the other party shall name a nominee, nominate its member provided, however, that if such party fails to the Board of Arbitrationname a nominee as herein required, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of OntarioOntario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The said two Arbitrators first appointed nominees shall be at liberty, prior attempt to the appointment select by agreement a chairman of the third arbitratorArbitration 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 discuss the grievance submitted to Arbitration with appoint a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. chairman, No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of Nu matter may be submitted to arbitration which has not been properly carried through all requisite steps the Parties shall pay the expense of their own nominee and one half of the fees of the ChairmanGrievance Procedure. The Arbitration Board of Arbitration shall have no power not be authorized to alter or change make any of decision inconsistent with the provisions of this Agreement, or to substitute any new provision for existing provisions, nor to deal with alter, modify, add to or amend any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions part of this Agreement. Proceedings before proceedings of the Arbitrators shall Arbitration Board will be expedited by the Parties hereto. The parties hereto and the decision of the Board majority and, where there is no majority the decision of Arbitration shall the chairman will be final and binding on both Parties to this Agreement. Any grievance involving upon the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, shall not be made the subject of another grievance. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear parties hereto and decide any matter which may be referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties concerned. Each of the Board 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 access to any part of the Home to view any working condition which may be relevant been abandoned subject only to the settlement provisions of Section of The Labour Relations Act. Wherever Arbitration Board is referred to in the grievance Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at a reasonable time, the time of reference to arbitration and so as not the other provisions referring to interfere with the function of the Home.Arbitration Board shall appropriately apply. ARTICLE ACCESS TO

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight seven (8) working days for Full-time or 7) calendar days for Part-time units, after following the decision is given in Step No. the employeeimmediately preceding step, who may request the assistance of the Union Committee, may forward the grievance may be submitted in writing to the Director Chief Executive Officer of Human Resourcesthe Hospital or his designate. A meeting will then be held between the aggrieved employee Chief Executive Officer or his designate and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight seven (8) working days for Full-time or 7) calendar days for Part-time units, following of the submission of the grievance, or as may be grievance at Step No. extended by mutual agreement of the Partiesparties. It is further understood that the Director of Human Resources either party may have such counsel and assistance as he they may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Union. such The decision of the Director of Human Resources or designate Hospital shall be given delivered in writing within eight fourteen (8) working 14) calendar days following the date of such meeting. Failing settlement of any Grievance A grievance under arising directly between the foregoing procedure arising from Hospital and the Union concerning the interpretation, application, administration application or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, the grievance may Agreement shall be referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under originated at Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays fourteen (as declared14) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member following the circumstances giving rise to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of It is expressly however, the provisions of this Agreementmay not be used with to a grievance affecting an employee which he could have instituted himself and the grievance procedure not be thereby bypassed. Where the grievance is a it be filed with the Local Union President or designate. a number of employees have grievances and one would be to grieve they may present a group grievance in writing, or signed by each employee who is grieving, to substitute any new provision for existing provisions, nor the Head his designate within fourteen (14) calendar days after the giving rise to deal with any matter not covered by this Agreementthe have occurred. The decision of any Board of Arbitration shall grievance then be consistent with treated as initiated at Step No. and the terms and applicable provisions of this Agreementshall then apply with to the handling of such grievance. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision pursuant to Section subsection (2) of the Board Relations Act, the parties confirm that the of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, shall a probationary employee not be made the subject of another grievancea grievance or arbitration. Nothing in this Agreement shall prevent A claim by an employee who has completed his probationary period that he has been unjustly discharged treated as a grievance if a written statement of such is lodged by the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which employee with the at No. within seven (7) calendar days after the date the discharge is effected. Such special grievance may be referred to Arbitration. If sealed under the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint Grievance or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.Procedure by:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight The nurse may submit a written grievance, signed by the nurse, to her supervisor. The grievance shall be on a form referred to in Article and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are to be violated. The will de her decision in within nine (8) working days for Full-time or 9) calendar days for Part-following the day on the presented to her. Failing settlement, then: Step No. Within nine (9) calendar days following the under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time unitsand place suitable to both parties. Failing settlement, after then: Step No. Within nine (9 calendar days following the decision is given in Step No. the employee, who may request the assistance of the Union Committee, may forward the t e grievance be submitted in writing to the Director of Human ResourcesHospital Administrator or her designate. A meeting will then be held between the aggrieved employee Hospital Administrator her designate and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as at Step xxxx that No. unless extended by agreement of t e parties. It i s understood and a a representative of the Ontario Nurses' and the may be extended by mutual agreement of present at the Partiesmeeting. It is i s further understood that the Director of Human Resources Hospital Administrator or her designate may have such counsel and assistance as he she may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The decision of the Director of Human Resources or designate shall be given delivered in writing within eight nine (8) working 9) days following the date of such meeting. Failing settlement of any resident A complaint or grievance under .arising directly between the foregoing procedure arising from and the Association concerning the interpretation, application, administration application or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, the grievance may Agreement shall be referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the or grievance. A by the Hospital shall e filed with the Local or her designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is given, it grieving to the Director of Nursing or her designate within fourteen (14 calendar days after the circumstances giving rise to 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 this Article No. and the applicable provisions of all then with respect to the processing of such grievance. release of a .-probationary nurse shall not be subject to the grievance procedure unless the nurse for a right. under this A A claim by nurse who as her pro that she has been unjustly or suspended shall be deemed to have been settledtreated as a grievance If en statement of such grievance is lodged by the nurse with the Hospital at Step No. Should any within seven (7) calendar days the. date the discharge or suspension effected. Such special grievance not be submitted within the various time limits specified may settled under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provision for existing provisions, nor to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, shall not be made the subject of another grievance. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.by:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to his Department Head. The grievance shall the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Health Centre may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The Department Head will deliver his decision in writing within nine (8) working days for Full-time or 9) calendar days for Part-time unitsfollowing the day on which the grievance was presented to him. Failing settlement or response, after then: No. Within nine (9) calendar days following the decision is given in Step No. the employee, who grievance may request the assistance of the Union Committee, may forward the grievance be submitted in writing to the Director of Human ResourcesHealth Centre Administrator or his designee. A meeting will then be held between the aggrieved employee Health Centre Administrator or his designee and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be grievance at Step No. unless extended by mutual agreement of the Partiesparties. 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 Director of Human Resources Health Centre Administrator or his designee may have such counsel and assistance as he may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The decision of the Director of Human Resources or designate Health Centre shall be given delivered in writing within eight nine (8) working 9) calendar days following the date of such meeting. Failing settlement of any A complaint or grievance under arising directly between the foregoing procedure arising from Health Centre and the interpretation, application, administration application or alleged violation of the AgreementAgreement shall be at Step No. fourteen (14) days following the giving rise to the complaint or grievance. It is expressly understood, including any question however, that the of this may not be used respect to a grievance directly affecting an employee which such himself institute and the regular grievance procedure shall not 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 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 to the attention of the The grievance shall then be treated as being apply Step No. and the applicable of this shall then respect to whether the processing of such grievance. The or discharge of an employee during the probationary period shall be the subject of a matter grievance or arbitration. A claim by an employee who completed his probationary period that he has been unjustly discharged or suspended be treated as a grievance if a written statement of such grievance is arbitrable, lodged by the employee-with 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 referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within the various time limits specified settled under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provision for existing provisions, nor to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, shall not be made the subject of another grievance. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.by:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight five (8) 5) working days (seven (7) working days for Full-time or calendar days for Part-time units, employees on weekend shifts) after the decision is given in under Step No. the employee, who may request with the assistance of the Union Grievance Committee, may forward will submit the grievance in writing to the Director Plant Manager, or in his absence, the Personnel Manager of Human Resourcesthe Company. The grievance shall state the for the Plant Manager or Personnel Manager's decision under Step No. being unacceptable. A meeting between the aggrieved employee will then be held betweenthe Plant Manageror PersonnelManager and the GrievanceCommittee, and an accredited representative of 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 and at such meeting. The Union Committeewill notify the Director Company of Human Resources any Xxxxxxx or designate wishing to attend a meeting grievance. The decision of the Plant Manageror Personnel Manager shall be held delivered in writing within eight seven (8) 7) working days for Full-time or calendar days for Part-time units, following submission of the grievance, or as may be extended by mutual agreement of the Partiesdays. It is understood that the Director of Human Resources Plant Manager or Personnel Manager may have such counsel and assistance as he may desire, desire at any meetingwith the UnionGrievance m Any policy grievance or collective grievance may elect to be represented submitted by a designate, and that any two the Department Xxxxxxx or in case of absence of the Union Representatives of Local and DepartmentSteward, by the International Representative Chief Xxxxxxx or Assistant Chief Xxxxxxxxx the Shift Supervisoror the same delays as spelled out above, grievance is signed by at least one of the Union may also be present at the request employees involved, one of the Director Officers of Human Resources, or the Union. The decision of the Director of Human Resources or designate shall be given in writing within eight (8) working days following the meeting. , Failing settlement of any grievance under the foregoing procedure arising from of any difference between the partiesarisingfrom the interpretation,application,administrationor allegedviolation of this agreement, application, administration or alleged violation of the Agreement, including any includingany question as to whether a matter is arbitrable, the grievance such difference or question may be referred to Arbitration by either Partysubmittedto arbitration as hereinafter provided. If no written request for Arbitration arbitration is received within receivedwithin ten working days for Full-time or calendar days for Part-time units after the decision under Step No. is given, it shall be deemed to have been settledsettled or abandoned. Should any grievance not be submitted within For the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any purposes of the time limits in Articles and may be extended by mutual agreement of a working day means a day from Monday to Friday, excluding Statutory Holidaysand days when the PartiesPersonnel Department is closed. All agreements reached under the Grievance Procedure between the representatives of representativesof the Company and the the Union or between the and the representatives Company, provided it is not contrary to the provisions of the Homethis agreement, will be final and binding upon the HomeCompany, the Union Union, and the employees. Any time limits referred to in The Union will be notified of any agreement reached under this procedure. In all steps of the Grievance Procedure or Arbitration or any sub-section thereof Procedure,where no written answer has been given within which any procedure is required to be taken or notice required to be giventhe time concernedor the Union,as the case may be, shall be calculated exclusive entitled to submit the grievance to the next step of Saturday, Sunday, Paid Holidays (as declared) andthe Grievance Procedure, in arbitration. At any step of the case of Full-Grievance Procedure,necessary arrangementswill be madeto have accessto the view disputedoperations andto conferwith providedsufficient advance notice is given. Any and alltime by this article and Article may at any time units, an aggrieved employee’s day off. Where the differences arise between the Employer be extended by written agreement betweenthe Company and the Union concerning Union. At the interpretation or violation request of this Agreementeither party, which may a meetingwill be considered as policy matters, the differences between the Parties held once each month betweenthe GrievanceCommitteeand a Company Committeeappointed bythe Plant Manager. Such meeting shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is held not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should morethan two (2) or more employees have complaints which are weeks after the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing presentationof the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed proposed agenda by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provision for existing provisions, nor to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, shall not be made the subject of another grievance. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Homeparty requestingthe meeting.

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight 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 (8) working days for Full-time or 9) calendar days for Part-time unitsfollowing the day on which the grievance was presented to him. Failing settlement, after then: Step No. Within nine (9) calendar days following the decision is given 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: Step No. Within nine (9) calendar days following the decision in Step No. the employee, who grievance may request the assistance of the Union Committee, may forward the grievance be submitted in writing to the Director of Human ResourcesHospital Administrator or his designee. A meeting will then be held between the aggrieved employee Hospital Executive Director of his designee and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be grievance at Step No. unless extended by mutual agreement of the Partiesparties. 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 Director of Human Resources Hospital Administrator or his designee may have such counsel and assistance as he may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The decision of the Director of Human Resources or designate Hospital shall be given delivered in writing within eight nine (8) working 9) calendar days following the meeting. Failing settlement date of any such A complaint or grievance under arising directly between the foregoing procedure arising from Hospital and the Union concerning the interpretation, application, administration application or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, the grievance may Agreement shall be referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under originated at Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within fourteen (14) calendar days following the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed circumstances giving rise to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time complaint or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of It is expressly understood, however, that the provisions of this Agreement, 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 substitute any new provision for existing provisions, nor the grievance have occurred or ought reasonably to deal with any matter not covered by this Agreementhave come to the attention of the The grievance shall then be treated as being initiated at Step No. The decision of any Board of Arbitration shall be consistent with and the terms and applicable provisions of this Agreement. Proceedings before Article shall then apply with respect to the Arbitrators shall be expedited by the Parties heretoprocessing of such grievance. The decision release or discharge of any employee during the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, probationary period shall not be made the subject of another grievancea grievance or arbitration. Nothing in this Agreement A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall prevent be treated as a grievance is lodged by the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which 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 referred to Arbitration. If settled under the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint Grievance or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.Procedure by:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, after following the decision is given in Step No. the employee, who grievance may request the assistance of the Union Committee, may forward the grievance be submitted in writing to the Director of Human ResourcesHospital Administrator or his designee. A meeting will then be held between the aggrieved employee Hospital Administrator or his designee and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be grievance at Step No. unless extended by mutual agreement of the Partiesparties. It is 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 Director of Human Resources Hospital Administrator or his designee may have such counsel and assistance as he may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The decision of the Director of Human Resources or designate Hospital shall be given delivered in writing within eight nine (8) working 9) calendar days following the date of such meeting. Failing settlement of any A complaint or grievance under arising directly between the foregoing procedure arising from Hospital and the Union concerning the interpretation, application, administration application or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, the grievance may Agreement shall be referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under originated at Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within fourteen (14) calendar days following the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed circumstances giving rise to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time complaint or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of It is expressly understood, however, that the provisions of this AgreementArticle-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 by passed. 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 substitute any new provision for existing provisions, nor the grievance have occurred or ought reasonably to deal with any matter not covered by this Agreementhave come to the attention of the The grievance shall then be treated as being initiated at Step No. The decision of any Board of Arbitration shall be consistent with and the terms and applicable provisions of this Agreement. Proceedings before Article shall then apply with respect to the Arbitrators shall be expedited by the Parties heretoprocessing of such grievance. The decision release or discharge of an employee during the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, probationary period shall not be made the subject of another grievancea grievance or arbitration. Nothing in this Agreement A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall prevent be treated as a grievance if a written statement of such grievance is lodged by the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which 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 referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of settled under the grievance at a reasonable time, and so as not to interfere with the function of the Home.or Arbitration Procedure by

Appears in 1 contract

Samples: Collective Agreement

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Step No. Within eight five (8) 5) working days (seven (7) working days for Full-time or calendar days for Part-time units, employees on weekend shifts) after the decision is given in under Step No. the employee, who may request with the assistance of the Union Grievance Committee, may forward will submit the grievance in writing to the Director Plant Manager, or in his absence, the Personnel Manager of Human Resourcesthe Company. The grievance shall state the for the Plant Manager or Personnel Manager's decision under Step No. being unacceptable. A meeting between the aggrieved employee will then be held betweenthe Plant Manageror PersonnelManager and the GrievanceCommittee, and an accredited representative of 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 and at such meeting. The Union Committeewill notify the Director Company of Human Resources any Xxxxxxx or designate wishing to attend a meeting grievance. The decision of the Plant Manageror Personnel Manager shall be held delivered in writing within eight seven (8) 7) working days for Full-time or calendar days for Part-time units, following submission of the grievance, or as may be extended by mutual agreement of the Partiesdays. It is understood that the Director of Human Resources Plant Manager or Personnel Manager may have such counsel and assistance as he may desire, desire at any meetingwith the UnionGrievance m Any policy grievance or collective grievance may elect to be represented submitted by a designate, and that any two the Department Xxxxxxx or in case of absence of the Union Representatives of Local and DepartmentSteward, by the International Representative Chief Xxxxxxx or Assistant Chief Stewardto the Shift Supervisoror the same delays as spelled out above, grievance is signed by at least one of the Union may also be present at the request employees involved, one of the Director Officers of Human Resources, or the Union. The decision of the Director of Human Resources or designate shall be given in writing within eight (8) working days following the meeting. , Failing settlement of any grievance under the foregoing procedure arising from of any difference between the partiesarisingfrom the interpretation,application,administrationor allegedviolation of this agreement, application, administration or alleged violation of the Agreement, including any includingany question as to whether a matter is arbitrable, the grievance such difference or question may be referred to Arbitration by either Partysubmittedto arbitration as hereinafter provided. If no written request for Arbitration arbitration is received within receivedwithin ten working days for Full-time or calendar days for Part-time units after the decision under Step No. is given, it shall be deemed to have been settledsettled or abandoned. Should any grievance not be submitted within For the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any purposes of the time limits in Articles and may be extended by mutual agreement of a working day means a day from Monday to Friday, excluding Statutory Holidaysand days when the PartiesPersonnel Department is closed. All agreements reached under the Grievance Procedure between the representatives of representativesof the Company and the the Union or between the and the representatives Company, provided it is not contrary to the provisions of the Homethis agreement, will be final and binding upon the HomeCompany, the Union Union, and the employees. Any time limits referred to in The Union will be notified of any agreement reached under this procedure. In all steps of the Grievance Procedure or Arbitration or any sub-section thereof Procedure,where no written answer has been given within which any procedure is required to be taken or notice required to be giventhe time concernedor the Union,as the case may be, shall be calculated exclusive entitled to submit the grievance to the next step of Saturday, Sunday, Paid Holidays (as declared) andthe Grievance Procedure, in arbitration. At any step of the case of Full-Grievance Procedure,necessary arrangementswill be madeto have accessto the view disputedoperations andto conferwith providedsufficient advance notice is given. Any and all time units, an aggrieved employee’s day off. Where the differences arise between the Employer by this article and Article may at any time be extended by written agreement betweenthe Company and the Union concerning Union. At the interpretation or violation request of this Agreementeither party, which may a meetingwill be considered as policy matters, the differences between the Parties held once each month betweenthe GrievanceCommitteeand a Company Committeeappointed bythe Plant Manager. Such meeting shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is held not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should morethan two (2) or more employees have complaints which are weeks after the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing presentationof the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed proposed agenda by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provision for existing provisions, nor to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, shall not be made the subject of another grievance. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Homeparty requestingthe meeting.

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight (8) working days for Full-time or calendar days for Part-time units, after the decision is given in Step No. the The employee, who may request be accompanied by a stexxxx, xay submit a written grievance signed by the assistance employee to (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 Union Committeeand the Hospital may, may forward 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 settlement or response, then: Step No. Within nine (9) calendar days following the decision in Step the grievance may be submitted in writing to the Director of Human Resources(designated by Hospital). A meeting will then be held between the aggrieved employee (designate) and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be grievance at Step No. unless extended by mutual agreement of the Partiesparties. 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 Director of Human Resources (designate) may have such counsel and assistance as he may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The decision of the Director of Human Resources or designate Hospital shall be given delivered in writing within eight nine (8) working 9) calendar days following the date of such meeting. Failing settlement of any “A complaint or grievance under arising directly between the foregoing procedure arising from Hospital and the Union concerning the interpretation, application, administration application or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, the grievance may Agreement shall be referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under originated at Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within fourteen (14) calendar days following the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed circumstances giving rise to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time complaint or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of It is expressly understood, however, that the provisions of this Agreement, 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 substitute any new provision for existing provisions, nor the grievance have occurred or ought reasonably to deal with any matter not covered by this Agreementhave come to the attention of the The grievance shall then be treated as being initiated at Step No. The decision of any Board of Arbitration shall be consistent with and the terms and applicable provisions of this Agreement. Proceedings before Article shall then apply with respect to the Arbitrators shall be expedited by the Parties heretoprocessing of such grievance. The decision release or discharge of an employee during the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, probationary period shall not be made the subject of another grievancea grievance or arbitration. Nothing in this Agreement A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall prevent be treated as a grievance if a written statement of such grievance is lodged by the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which 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 referred to Arbitration. If settled under the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint Grievance or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.Procedure by:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, after the decision is given under Step No. the nurse may t the written grievance to the Director of Nursing or who will deliver her decision in writing nine calendar days from the date on which the written grievance was presented to her, The parties may, they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step No. .Within nine (9 calendar. days followin the decision in Step No. the employee, who t e grievance may request the assistance of the Union Committee, may forward the grievance be submit in writing to the Director of Human Resources. Administrator or her designate A meeting t en be held between the aggrieved employee Hospital Administrator or her designate and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be at Step No. unless extended by mutual agreement a of the Partiest e parties. It is understood and a xxxx t at a re of the Ontario Nurses' and may be present at the meeting. It is further understood that the Director of Human Resources may Hospital Administrator or her designate have such counsel and assistance as he she may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Union. such within The decision of the Director of Human Resources or designate Has shall be given in writing within eight delivered n nine (8) working 9) days following the meetingdate.; A complaint or grievance. Failing settlement of any grievance under -arising directly between the foregoing procedure arising from Hospital and the Association concerning the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under Agreement shall e originated at Step No. is given, it y t resident fourteen (14) calendar days following the circumstances rise to the or A or her e Hospital shall e filed h the Local designate. or Where a number of nurses have identical grievances and each nurse would be deemed entitled to have been settled. Should any grievance not be submitted within the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as grieve separately they present a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed signed by each nurse who i s grieving to the other Party Director of Nursing or her designate within fourteen (14 calendar days after the circumstances giving rise to t e grievance have occurred reasonably to have come to the attention of the grievance, The grievance shall then -be treated as being initiated at and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of the applicable provisions of this Agreement, or Article s all then apply with respect to substitute any new provision for existing provisions, nor the processing of such grievance. to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, procedure shall not be made the subject is (released for a e this A nurse A claim by a nurse as her pro period that she has been or suspended be treated as a en of another grievanceat S No. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere is lodge with the function of Hospital within days the Home.date the discharge or sus is Such special grievance be se Grievance or Arbitration Procedure by: nurse; or

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight The employee, with the assistance of a Union representative may submit a written grievance, signed by her, to the Director, Radiation Therapy. The nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Director, Radiation Therapy will deliver her decision in writing within nine (8) working days for Full-time or 9) calendar days for Part-time unitsfollowing the day on which the grievance was presented to her (or any longer period which may be mutually agreed upon). Failing settlement, after the next step in the grievance procedure may be taken. No. Within nine (9) calendar days following the decision is given in under Step No. the employee, employee may submit the written grievance to the Hospital Administrator or alternate who may request the assistance of the Union Committee, may forward the grievance will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to the Director of Human Resourcesher. A meeting will then be held between the aggrieved employee Hospital Administrator (or designate) and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be grievance at Step No. unless extended by mutual agreement of the Partiespatties. It is understood and agreed that a representative of the Ontario Nurses' Association and the may be present at this meeting. It is further understood that the Director of Human Resources Hospital Administrator or designate may have such counsel and assistance as she or he may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The A decision of the Director of Human Resources or designate Employer shall be given delivered in writing within eight nine (8) working 9) calendar days following the date of such meeting. A complaint or grievance arising directly between the Employer 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. A grievance by the employer shall be filed with the bargaining 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 signed by each employee who is grieving to the Department Head responsible for their department or 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 of a probationary employee shall not be subject to the grievance procedure unless the probationary employee is released for exercising a right under this Agreement. Such release will not be arbitrary or discriminatory. A claim by an employee who has completed her probationary period that she has been,unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Employer at Step No. within nine (9) days after the date the discharge is effected. Failing settlement of any grievance under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, the such grievance may be referred submitted to Arbitration by either Partyarbitration as hereinafter provided. If no written request for Arbitration arbitration is received within ten working days for Full-time or eighteen (18) calendar days for Part-time units after the decision under Step No. is given, it the grievance shall be deemed to have been settledabandoned. Should any 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 not be submitted within the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of and may extend the time limits in Articles for the request for arbitration. The parties will share equally the fees and may be extended by mutual agreement expenses, if any, of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Homemediator, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party party requests that a grievance be submitted to Arbitrationarbitration, the this request shall be made in writing addressed to the other Party party of the grievance, and shall contain agreement indicating the name and address of the Party's its nominee to the Board of Arbitrationarbitration board. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provision for existing provisions, nor to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, shall not be made the subject of another grievance. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.Within fourteen

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, after following the decision is given under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then : No. Within nine (9) calendar days following the decision in Step No. the employee, who grievance may request the assistance of the Union Committee, may forward the grievance in be submitted writing to the Director of Human ResourcesHospital Administrator or her designate. A meeting will then be held between the aggrieved employee Hospital Administrator or her designate and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be grievance at Step No. unless extended by mutual agreement of the Partiesparties. It understood and agreed that a representative of the Ontario Nurses' Association and the may be present at the meeting. is further understood that the Director of Human Resources Administrator or her designate may have such counsel and assistance as he she may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The decision of the Director of Human Resources or designate Hospital shall be given delivered in writing within eight nine (8) working 9) calendar days following the date of such meeting. Failing settlement A copy of any the third step grievance under reply will be provided to the foregoing procedure Employment Relations Officer. A complaint or grievance arising from directly between the Hospital and the Association concerning the interpretation, application, administration 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. A grievance by the Hospital shall be filed with the Local President or her designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately, they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or 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 of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is released for exercising a right under this Agreement, including any question . A claim by a nurse has completed her probationary period that she has been unjustly discharged or suspended shall be treated as to whether a matter grievance if a written statement of such grievance lodged by the nurse with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is arbitrable, the effected. Such special grievance may be referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within the various time limits specified settled under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provision for existing provisions, nor to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, shall not be made the subject of another grievance. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.by:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight (8) working days for Full-time or nine ( 9 ) calendar days for Part-time units, after following the decision is given in Step No. the employee, who grievance may request the assistance of the Union Committee, may forward the grievance be submitted in writing to the Director of Human ResourcesHospital Administrator or his designee. A meeting will then be held between the aggrieved employee Hospital Administrator or his designee and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be grievance at Step No. unless extended by mutual agreement of the Partiesparties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be at the meeting. It is further understood that the Director of Human Resources Hospital Administrator or his designee may have such counsel and assistance as he may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The decision of the Director of Human Resources or designate Hospital shall be given delivered in writing within eight nine (8) working 9) calendar days following the date of such meeting. Failing settlement of any A complaint or grievance under arising directly between the foregoing procedure arising from Hospital and the Union concerning the interpretation, application, administration application or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, the grievance may Agreement shall be referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under originated at Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within the various time limits specified under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays fourteen (as declared14) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafterfollowing the circumstances giving rise to t h e complaint or grievance.. is expressly understood, nominate its member to the Board of Arbitrationhowever, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of that the provisions of this Agreement, or Article may not be used with respect to substitute any new provision for existing provisions, nor to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with a grievance directly affecting an employee which such employee could himself institute and the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any regular grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, procedure shall not be made 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 subject Department Head or his designee within fourteen calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably t o have come to the attention of another 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. Nothing in this Agreement The release or discharge of an employee during the probationary period shall prevent not be the Parties to this Agreement from agreeing on of a single Arbitrator to hear and decide any matter which grievance or arbitration. A 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 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be referred to Arbitration. If settled under the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint Grievance or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.Procedure by:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, after following the decision is given under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step No. Within nine (9) calendar days following the decision in Step No. the employee, who grievance may request the assistance of the Union Committee, may forward the grievance be submitted in writing to the Director of Human ResourcesHospital Administrator or her designate. A meeting will then be held between the aggrieved employee Hospital Administrator or her designate and the Union Grievance Committee and the Director of Human Resources or designate shall be held within eight nine (8) working days for Full-time or 9) calendar days for Part-time units, following of the submission of the grievance, or as may be grievance at Step No. unless extended by mutual agreement of the Partiesparties. It is understood and agreed that a representative of the Ontario Nurses' and the may be present at the meeting. It is further understood that the Director of Human Resources Hospital Administrator or her designate may have such counsel and assistance as he she may desire, or may elect to be represented by a designate, and that any two of the Union Representatives of Local and the International Representative of the Union may also be present desire at the request of the Director of Human Resources, or the Unionsuch meeting. The decision of the Director of Human Resources or designate Hospital shall be given delivered in writing within eight nine (8) working 9) calendar days following the date of such meeting. Failing settlement of any A complaint or grievance under arising directly between the foregoing procedure arising from Hospital and the Association concerning the interpretation, application, administration 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 or grievance. A grievance by the Hospital shall e filed with the Local President or her designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or 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 of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is released for exercising a right under this Agreement, including any question . A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be treated as to whether a matter grievance if a written statement of such grievance is arbitrable, lodged by the 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 referred to Arbitration by either Party. If no written request for Arbitration is received within ten working days for Full-time or calendar days for Part-time units after the decision under Step No. is given, it shall be deemed to have been settled. Should any grievance not be submitted within the various time limits specified settled under the Grievance Procedure, the Employer will not be obliged to consider it, provided that any of the time limits in Articles and may be extended by mutual agreement of the Parties. All agreements reached under the Grievance Procedure between the representatives of the Union and the representatives of the Home, will be final and binding upon the Home, the Union and the employees. Any time limits referred to in the Grievance Procedure or Arbitration or any sub-section thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday, Paid Holidays (as declared) and, in the case of Full-time units, an aggrieved employee’s day off. Where the differences arise between the Employer and the Union concerning the interpretation or violation of this Agreement, which may be considered as policy matters, the differences between the Parties shall be reduced to writing and entered into the Grievance Procedure in accordance with Article If the matter of the policy grievance is not satisfactorily settled, it is understood that it may be carried through the balance of the grievance procedure, including the step of arbitration for final and binding settlement upon the Parties. Should two (2) or more employees have complaints which are the same or similar, such complaints, if submitted as a grievance, may be processed as a group grievance providing the parties to this agreement agree on a group grievance process at Step When either Party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other Party of the grievance, and shall contain the name of the Party's nominee to the Board of Arbitration. The other Party to the Agreement shall, within ten working days for Full-time or calendar days for Part-time units thereafter, nominate its member to the Board of Arbitration, and the two so nominated shall endeavour, within ten days after their appointment, to agree upon a third person to act as Chairman of the Board of Arbitration. If the Parties are unable to agree upon a third person within ten working days for Full-time or calendar days for Part-time units after their appointment, then a third person shall be appointed by the Minister of Labour for the Province of Ontario. The said two Arbitrators first appointed shall be at liberty, prior to the appointment of the third arbitrator, to discuss the grievance submitted to Arbitration with a view to the mutual settlement of the grievance so submitted by the Parties. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties shall pay the expense of their own nominee and one half of the fees of the Chairman. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provision for existing provisions, nor to deal with any matter not covered by this Agreement. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitrators shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. Any grievance involving the interpretation or application of this Agreement, which has been disposed of by the Arbitration process, shall not be made the subject of another grievance. Nothing in this Agreement shall prevent the Parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to Arbitration. If the Parties agree to the use of a single Arbitrator, then the cost of such Arbitrator shall be shared equally by the Parties. At any stage of the complaint or Grievance Procedure, including Arbitration, the Parties may have the assistance of the employee or the employees concerned as witnesses, and all reasonable arrangements will be made to permit the conferring Parties of the Board of Arbitration to have access to any part of the Home to view any working condition which may be relevant to the settlement of the grievance at a reasonable time, and so as not to interfere with the function of the Home.by:

Appears in 1 contract

Samples: Collective Agreement

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