Step No. In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to the other party within ten days from the delivery of the decision at Step to the xxxxxxx but not thereafter. If the request for arbitrationis not so given, within such ten (10) day period, the decision at Step shall be final and binding upon both parties to the Agreement, and upon employee involved. The notice to arbitrate shall contain the name and address of the moving party's nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board and the remedy sought. The party giving such notice shall be bound by same and shall be restricted to arbitrate the issues presented by the notice. The recipient of the notice shall within ten (10) days advise the other party, in writing, of the name of its appointee to the arbitration board. The two (2) appointees so selected shall,within five (5) days of the appointment of the second of them, appoint a third person who shall be the chairman. If the two (2) appointees fail to agree upon a chairman, within the time limited, the Ministry of Labour for Ontario shall, if requested within(5) days from the expiry of the date upon which the two (2) are to appoint a chairman but not thereafter, forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the arbitration board, but if there is no majority decision, the decision of the chairman shall The arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental to any arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two (2) parties hereto. The time limits and other procedural set out in this Article are not merely directory, therefore, failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the Any grievance not appealed from one step of the grievance procedure to the next within specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time specified. The time limits in this Article may be extended if both parties agree.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to the other party within ten days from the delivery of the decision at Step to the xxxxxxx chairman of the plant grievance committee, but not thereafter. If the a request for arbitrationis arbitration is not so given, given within such ten (10) day period, the decision at Step shall be final and binding upon both parties to on the AgreementCompany, the Union, and upon any employee involved. The notice to arbitrate shall contain the name and address of the moving party's ’s nominee to the Board Board, and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board Board, and the remedy sought. The party giving such notice shall be bound by the same and shall be restricted at arbitration to arbitrate the issues presented by the notice. The recipient of the notice shall within ten five (105) days advise the other party, in writing, of the name of its appointee to the arbitration board. The two (2) appointees so selected shall,, within five (5) days 5)days of the appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbitrator, or two (2) appointees fail to agree upon a chairman, within the time limited, the Ministry Minister of Labour for Ontario shall, if requested within(5within five (5) days from the expiry of the date upon which the two (2) appointees are to appoint a chairman chair- man (but not thereafter), forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter mat- ter and shall issue a decision which shall be final and binding upon the parties parties, and upon any employee affected by it. The decision of the majority shall be the decision of the arbitration board, but if there is no majority decision, the decision of the chairman shall The arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental to any arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two (2) parties hereto. The time limits and other procedural set out in this Article are not merely directory, therefore, failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the Any grievance not appealed from one step of the grievance procedure to the next within specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time specified. The time limits in this Article may be extended if both parties agreegovern.
Appears in 1 contract
Samples: Collective Agreement
Step No. At this step the grievance shall be reduced to writing and presented to the Plant Management within the aforesaid three (3) days of receipt of the Plant Manager's reply, but not thereafter. The written grievance shall identify:the facts giving rise to the grievance; the section or sections of the agreement claimed violated; the relief requested and shall be signed by the employee and counter-signed by his union representative. A meeting will be held between the plant grievance committee and the Management within three (3) days of the presentation of the written grievance. The may be required to be present at the request of either party. A staff representative of the Union may be present, if requested by either party. The Plant Management shall give its written reply to the chairman of the plant grievance within three (3) days of such meeting. In the event the grievance is not settled at Step the party having carriage of the ofthe grievance shall request arbitration of the grievance by giving notice in writing to the other party within ten (10) days from the delivery of the decision at Step to the xxxxxxx but not thereafter. If the a request for arbitrationis arbitration is not so given, given within such ten (10) day period, the decision at Step shall be final and binding upon both parties to the Agreementthis agreement, and upon any employee involved. The notice to arbitrate shall contain the name and address of the moving party's nominee to the Board Board, and shall also specify specie all of the outstanding issues of the ofthe written grievance to be dealt with by the Board and the remedy sought. The party giving such notice shall be bound by the same and shall be restricted at arbitration to arbitrate the issues presented by the notice. notice The recipient of the notice shall within ten five (105) days advise the other party, in writing, of the name of its appointee to the arbitration board. The two (2) appointees so selected shall,, within five (5) days of the appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two (2) appointees fail to agree upon a chairman, within the time limited, the Ministry Minister of Labour for Ontario shall, if requested within(5within five (5) days from the expiry of the date upon which the two (2) appointees are to appoint a chairman (but not thereafter), forthwith appoint a qualified person to be chairman. chairman The arbitration board shall hear and determine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. it The decision of the majority shall be the decision of the ofthe arbitration board, but if there is no majority decision, the decision of the chairman shall The arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental to any arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two (2) parties hereto. The time limits and other procedural set out in this Article are not merely directory, therefore, failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the Any grievance not appealed from one step of the grievance procedure to the next within specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time specified. The time limits in this Article may be extended if both parties agreegovern.
Appears in 1 contract
Samples: Collective Agreement
Step No. In If have a grievance the event grievance shall, the five (5) days to in Article be reduced to writing and to the Shift Coordinator. The xxxxxxx will the written grievance to Coordinator. The Shift Coordinator shall give the a soon possible but not than five (5) days such discussion. If the Coordinator's reply is not satisfactory to the the step must be taken within five (5) days Shift Coordinator's answer,but not The written grievance to above shall identify: the giving rise to the grievance; the section or sections of the to be Violated; the relief and be signed by the and by their xxxxxxx. At this step the grievance shall be presented to the Manager within the aforesaid five (5) days of of the Shift Coordinator's reply, but not thereafter. will be held held at a will be If such reply is not satisfactory to the of the step shall be within five (5) days the of to the of the committee, but not At step, the Union within the (5) days, notify the in writing of its to the of the at Step No. will place the Bargaining Committee be by the of the Union)and the of shall be to be at the of party. Company shall deliver its decision in writing to of the Bargaining Committee within ten (10) working days of such the the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to the other party within ten days from the delivery (35) of the decision at Step to the xxxxxxx but not thereafterdecisionat No. If the request a for arbitrationis arbitration is not so given, given within such ten thirty-five (1035) day period, the decision at Step shall be final and binding upon both parties to the Agreement, this and upon employee any involved. The notice to arbitrate shall contain the name and address of the moving party's nominee to the Board and shall also specify all of the outstanding ofthe issues of the written grievance to be dealt with by the Board and the remedy sought. The party giving such notice shall be bound by same the and shall be restricted shallbe at arbitration to arbitrate the issues presented by the notice. The recipient of the notice shall within ten five (105) days advise the other party, in writing, of the name of its appointee to appointeeto the arbitration board. arbitrationboard The two (2) appointees so appointeesso selected shall,, within five (5) days of the appointment of the second of them, appoint a third person who shall be the chairman. If the of the notice to appoint an arbitrator, or two (2) appointees fail appointeesfail to agree upon a chairman, within the time limited, the Ministry of Labour for Ontario shall, if requested within(5the five (5) days from the expiry of the date upon which the two (2) are to appoint a chairman but not thereafter, forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of the the. majority shall be the decision of the arbitration board, but if there is thereis no majority decisionmajoritydecision, the decision of the chairman ofthe shall The arbitration board of Arbitration shall not be authorized to make any decision inconsistent with the inconsistentwith provisions of this ofthis Agreement, nor to alter, modify or amend any amendany part of this Agreement, nor to adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental to any arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two (2) parties hereto. The time limits and other procedural set out in this Article are not merely directory, therefore, failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the Any grievance not appealed from one step of the grievance procedure to the next within specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time specified. The time limits in this Article may be extended if both parties agree.the
Appears in 1 contract
Samples: Collective Agreement
Step No. In the event the grievance is not settled at Step No. the party having carriage of the grievance shall Local may request arbitration of the grievance by giving notice in writing to the other party Board within ten (10) days from the delivery of receipt of the written decision at Step to the xxxxxxx No. but not thereafter. If the a request for arbitrationis arbitration is not so given, given within such ten (10) day period, the decision at Step No. shall be final and binding upon both parties to the this Agreement, and upon any employee involvedaffected by it. The notice to arbitrate shall contain the name and address of the moving party's Local’s nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board of Arbitration, and the remedy sought. The party giving such notice Local shall be bound by the same and shall be restricted at arbitration to arbitrate the issues presented represented by the notice. The recipient of the notice District School Board shall within ten (10) days advise the other party, Local in writing, of the name names of its appointee to the arbitration boardArbitration Board. The two (2) appointees so selected shall,, within five (5) ten days of the appointment of the second of them, them appoint a third person who shall be the chairmanchair. If the two (2) appointees fail to agree upon a chairman, chair within the time limitedlimit, the Ministry appointment shall be made by the Minister of Labour. The request to the Minister of Labour for Ontario shall, if requested within(5) must be made within ten days from the expiry of the date upon which the two (2) are appointees were to appoint a chairman but not thereafter, forthwith appoint a qualified person to be chairmanchair. The arbitration board Arbitration Board shall hear and determine the matter and shall issue a decision decision, which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the arbitration board, Arbitration Board but if there is no majority decision, the decision of the chairman chair shall govern. The arbitration board Board of Arbitration shall not be authorized to add, delete, modify or otherwise amend the provisions of the Agreement nor make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step No. of Article hereof. Each party hereto shall bear its own costs of of, and incidental to any to, such arbitration proceedings. The fees and charges of the chairman chair to the Board of the board of arbitration Arbitration shall be borne equally by the two (2) parties hereto. Either party shall have the right to require the attendance of the at the Arbitration hearing. The time limits and other procedural set out in requirements of this Article grievance procedure are not merely directory, therefore, failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the mandatory. Any grievance not appealed from one step of the grievance procedure to the next within the specified time limit shall be deemed to be abandoned. If a respondent party fails to reply to a grievance within the designated time, the party having carriage of the grievance shall move to the next step of the grievance procedure. No matter may be submitted to arbitration arbitration, which has not been properly been carried through all specified previous steps of the grievance procedure within the time limits specified. The time limits in mandatory provisions of this Article grievance procedure may only be extended if modified by the written agreement of the parties. A settlement reached at any stage of the grievance procedure shall be final and binding upon both parties agree.and the
Appears in 1 contract
Samples: Collective Agreement
Step No. In Failing settlement under Step No. and within then days following the event decision under Step No. of any difference between the grievance is not settled at Step parties arising from the party having carriage interpretation, application, administration or alleged violation of the grievance shall Agreement, including any question as to whether a matter is arbitrable, such difference or question be taken to arbitration, provided in Article If no written request for arbitration of the grievance by giving notice in writing to the other party is received within ten days from after the delivery decision in Step No. is given, it shall be deemed to have been settled or abandoned. Saturdays, Sundays, and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of the decision steps of the Grievance Procedure or under Article Any and all time limits fixed by this Article Article may at Step to any time be extended by agreement between the xxxxxxx but not thereafterCompany and the Union. If All decisions arrived at between the request for arbitrationis not so given, within such ten (10) day period, representatives of the decision at Step Company and the Union shall be final and binding upon both parties the Company, the Union and the employee or employees concerned. ARTICLE ARBITRATION Whenever either party to the Agreement, and upon employee involved. The notice to arbitrate shall contain the name and address of the moving party's nominee to the Board and shall also specify all of the outstanding issues of the written Agreement submits a grievance to be dealt with by the Board and the remedy sought. The party giving such arbitration, written notice shall be bound by given to the other party formally stating the subject of the grievance and the Agreement clause allegedly violated, and at the same and time appointing a to the board of arbitration. Within seven days after the receipt of such notice, the other party shall be restricted to arbitrate the issues presented by the noticeappoint a nominee. The recipient of the notice shall within ten (10) days advise the other partynominees shall, in writing, of the name of its appointee to the arbitration board. The two (2) appointees so selected shall,within five (5) days of the appointment of the second of themdays, appoint a third person who shall be Chairperson of the chairmanArbitration Board. If either party requests, and it is mutually agreed, a single Arbitrator may be used. If the two (2) appointees nominees or the parties fail to agree upon a chairman, Chairperson or single Arbitrator within the time limitedlimit, the Ministry The Minister of Labour for Ontario shallwill be requested to appoint Chairperson or Arbitrator. As soon as the Arbitration Board has been completed by the selection of a Chairperson or the selection of an Arbitrator, if requested within(5) days from it shall meet and hear the expiry evidence and representations of both parties, and shall render a decision as soon as possible. In matters of discipline or discharge the parties agree to the use of a single Arbitrator. No person shall be selected as an arbitrator who has been directly involved in attempts negotiate or settle the grievance. No grievance shall be considered by the Arbitration Board or Arbitrator unless it has been properly carried through all previous steps of the date upon which the two (2) are to appoint a chairman but not thereafter, forthwith appoint a qualified person to be chairmangrievance procedure. The arbitration board shall hear and determine the matter shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the arbitration board, but if there is no majority decision, the decision of the chairman shall The arbitration board Arbitration Board or Arbitrator shall not be authorized have jurisdiction to make alter or change any decision inconsistent with of the provisions of this Agreement, nor or to altersubstitute any new provisions in lieu thereof, modify or amend to give any part decisions inconsistent with the terms and provisions of this Agreement, nor or to adjudicate deal with any matter matters not specifically assigned to it covered by the notice Agreement. In the case of a successful grievance involving the suspension or discharge of an employee, the Arbitration Board or Arbitrator shall be empowered to arbitrate specified in Step of Article hereofaward full or partial reimbursement, or other adjustment that may be deemed fair and reasonable under the circumstances. ARTICLE ARBITRATION Each party hereto shall bear its own costs of and incidental to any arbitration proceedings. The fees and charges of the chairman parties hereto will bear the expenses of the board of arbitration shall be borne equally nominee appointed by it, and the two (2) parties hereto. The time limits and other procedural set out in this Article are not merely directory, therefore, failure to put a grievance in writing at will jointly bear the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment expenses of the grievance by the Any grievance not appealed from one step Chairperson of the grievance procedure to the next within specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time specified. The time limits in this Article may be extended Arbitration Board or Arbitrator, if both parties agreeany.
Appears in 1 contract
Samples: Collective Agreement
Step No. In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to the other party within ten (1O) days from the delivery of the decision at Step to step lo the xxxxxxx Chief Xxxxxxx, but not thereafter. If the a request for arbitrationis arbitration is not so given, given within such ten (10) day period, the decision at Step shall be final and binding upon both parties to the Agreement, lo this Agreement and upon any employee involved. The notice to arbitrate shall contain the name and address of the moving party's nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board and the remedy sought. The party giving such notice shall be bound by same and shall be restricted to arbitrate the issues presented by the noticeBoard. The recipient of the notice shall within ten (10) days advise the other party, in writing, of the name of its appointee to the arbitration board. The two (2) appointees so selected shall,within five (5) days of the appointment of the second of them, as soon as possible, appoint a third person who shall be the a chairman. If the two (2) appointees fail to agree upon a chairman, within the time limited, limit the Ministry Minister of Labour for Ontario shall, if requested within(5within ten (10) days from the expiry of the date upon which the two (2) appointees are to appoint a chairman (but not thereafter), forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the arbitration board, but if there is no majority decision, the decision of the chairman shall govern. The board of arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this the Agreement, nor not to adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental to any such arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two (2) parties hereto. The time limits and other procedural requirements set out in this Article are mandatory and not merely directory, therefore. Therefore, failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the griever. Any grievance not appealed from one step of the grievance procedure to the next within the specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time times specified. The time limits in this Article may be extended if both parties agree.
Appears in 1 contract
Samples: Collective Agreement
Step No. In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to fifteen (15) days thereafter, the other party within ten days from shall also nominate an Arbitrator, and the delivery two nominees shall attempt to agree upon a third member, The third member shall act as Chairman of the decision at Step to the xxxxxxx but not thereafterBoard. If the request for arbitrationis agreement cannot so given, within such ten (10) day period, the decision at Step shall be final and binding upon both parties reached in respect to the Agreement, and upon employee involved. The notice to arbitrate shall contain the name and address of the moving party's nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board and the remedy sought. The party giving such notice shall be bound by same and shall be restricted to arbitrate the issues presented by the notice. The recipient of the notice shall within ten (10) days advise the other party, in writing, of the name of its appointee to the arbitration board. The two (2) appointees so selected shall,within five (5) days of the appointment of the second Chairman of themthe Board of Arbitration, appoint a third person who the matter shall be referred to the chairmanappropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the two (2) appointees fail other party fails to agree upon a chairman, within the time limitednominate an Arbitrator, the Ministry of Labour for Ontario shall, if requested within(5) days from party may ask the expiry of the date upon which the two (2) are to appoint a chairman but not thereafter, forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the arbitration board, but if there is no majority decision, the decision of the chairman shall The arbitration board shall not be authorized appropriate Government Agency to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to it by appointment If the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental to any arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two (2) parties hereto. The time limits and other procedural set out in this Article are not merely directory, therefore, failure to put filing a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the Any grievance does not appealed process it from one step of the grievance procedure Step to the next within specified the time limit shall limits set out above, then the grievance will be deemed considered to be abandonedhave been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to arbitration Arbitration which has not been properly been carried through all specified previous steps of the grievance procedure within Procedure, except in the time specifiedcase of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The time limits Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be extended if both parties agreedenied.
Appears in 1 contract
Samples: Collective Agreement
Step No. In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to the other party within ten days Within five (5)days from the delivery receipt of the decision at Step No. the Union may submit the grievance to the xxxxxxx but not thereafterManager shall meet with the Union Grievance Committee, the first Friday of each month or on a date mutually agreed upon, to consider Step No. If grievances. An accredited BusinessAgent or Representativeof the Union may be involved at this stage, at the request for arbitrationis not so given, within such ten (10) day period, the decision at Step shall be final and binding upon both parties to the Agreement, and upon employee involvedof eitherparty. The notice to arbitrate shall contain the name and address of the moving party's nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board and the remedy sought. The party giving such notice shall be bound by same and shall be restricted to arbitrate the issues presented by the notice. The recipient of the notice shall Plant Manager will render his decision in writing within ten (10) days advise from such meeting. If no settlement is reached at Step No. the matter may be referred in writing by either party to arbitra- tion within thirty (30) of the decision at Step No. on behalf of more than one employeemay be presented directly at Step No. listing the names of the Where a grievance is referred to arbitration the party the referral will notify the other partyparty in writ- ing of its election of proceeding with a single ar- bitrator ("arbitrator") or a tripartite arbitration board Where election is made for an arbitrator, the party the referral, will suggest one or more persons to act as arbitrator in writing, its notice of referral. The other party will respond in writing within ten days to either be in agreement with one of the suggested personsor if not will suggest other persons. Failureby the parties to agree upon an arbitratorwithin the time limited, either party may request that an arbitrator be appointed by the Minister of Labour of Ontario. Where election is made for a board, the party the referral will name of its appointee to such board in the arbitration boardnotice of referral. The two (2) appointees so selected shall,other party will respond in writing within five (5) days by naming its appointee. The appointees so selected will, within ten (10) days of the appointment of the second of them, appoint point a third person who shall be chair the chairman. If board Upon failure by theparty receivingnotice to name its appointee or upon failure by the two (2) appointees fail to agree upon on a chairman, chairperson within the time limited, either party may request that the Ministry of Labour for of Ontario shallappoint one or both persons as required. The arbitrator or the board will have no authority to alter ,change, if requested within(5) days from the expiry or modify any of the date upon which terms and condi- tions of this Any question as to will be determinedby the two (2) are to appoint a chairman but not thereafter, forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter shall issue a decision which shall be final and binding upon the parties and upon any employee affected by itarbitrator or board. The decision of the majority shall be the decision arbitrator or of the arbitration board, but if there is no majority decision, be final and binding. party to this agreement will pay the decision feesand expenses of the chairman shall The arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental to any arbitration proceedings. The fees and charges of the chairman member of the board of arbitration shall be borne equally selected by it or by the two (2) parties hereto. The time limits Ministerand will share equally in paying the fees and other procedural set out in this Article are not merely directory, therefore, failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment expenses of the grievance chairpersonof the board or of the arbitrator. No person may be appointedas an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Neither party shall disclose in any manner to the Board of Arbitration any informationconcerningpre- vious offers of settlementmade by the Any grievance not appealed from one step of the grievance procedure to the next within specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time specified. The time limits in this Article may be extended if both parties agreeother party.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to Within fifteen days thereafter, the other party within ten days from shall also nominate an Arbitrator, and the delivery two nominees shall attempt to agree upon a third member. The third member shall act as Chairman of the decision at Step to the xxxxxxx but not thereafterBoard. If the request for arbitrationis agreement cannot so given, within such ten (10) day period, the decision at Step shall be final and binding upon both parties reached in respect to the Agreement, and upon employee involved. The notice to arbitrate shall contain the name and address of the moving party's nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board and the remedy sought. The party giving such notice shall be bound by same and shall be restricted to arbitrate the issues presented by the notice. The recipient of the notice shall within ten (10) days advise the other party, in writing, of the name of its appointee to the arbitration board. The two (2) appointees so selected shall,within five (5) days of the appointment of the second Chairman of themthe Board of Arbitration, appoint a third person who the matter shall be referred to the chairmanappropri- ate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the two (2) appointees fail other party fails to agree upon a chairman, within the time limitednominate an Arbitrator, the Ministry of Labour for Ontario shall, if requested within(5) days from grieving party may ask the expiry of the date upon which the two (2) are to appoint a chairman but not thereafter, forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the arbitration board, but if there is no majority decision, the decision of the chairman shall The arbitration board shall not be authorized appropriate Gov- ernment Agency to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to it by appointment. If the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental to any arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two (2) parties hereto. The time limits and other procedural set out in this Article are not merely directory, therefore, failure to put filing a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the Any grievance does not appealed process it from one step of the grievance procedure Step to the next within specified the time limit shall limits set out above, then the grievance will be deemed considered to be abandonedhave been dropped by the party institutingthe grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to arbitration Arbitration which has not been properly been carried through all specified previous steps of the grievance procedure Procedure, except in the case of terminations where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Vice President, Operations Department, The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the par- ties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbi- tration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitra- tion on all arbitrable questions shall be binding and enforce- able on the parties and the employees. I The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions the Article shall provide a method of adjusting grievances so that there shall be no suspension or interrup- tion of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust griev- ances in accordance with the provisions in this Article. When an employee has given twelve (12) consecu- tive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. Suspen- sions of five (5)days or more shall remain for eighteen (18) months, as described above. The Employer will, upon writ- ten request by the employee, provide the employees' home store with a complete copy of their personnel file which may be viewed in the presence of the Store Manager. The Union acknowledges that the stewards have their regular duties to perform and that such persons will not leave their regular duties without receiving permission from the Store Manager or appointee, which permission will unreasonably withheld. The Company will compensate such Xxxxxxx at their regular straight time hourly rate for time spent servicing complaints grievances hereunder during their regular working hours within the time specified. The time limits in this Article may be extended if both parties agreestore.
Appears in 1 contract
Samples: Collective Agreement
Step No. In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to the other party within ten (10) days from the delivery of the decision at Step to the xxxxxxx chairman of the plant grievance committee, but not thereafter. If the a request for arbitrationis arbitration is not so given, given within such ten (10) day period, the decision at Step shall be final and binding upon both parties to on the AgreementCompany, the Union, and upon any employee involved. The notice to arbitrate shall contain the name and address of the moving party's ’s nominee to the Board Board, and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board Board, and the remedy sought. The party giving such notice shall be bound by the same and shall be restricted at arbitration to arbitrate the issues presented by the notice. The recipient of the notice shall within ten five (105) days advise the other party, in writing, of the name of its appointee to the arbitration board. The two (2) appointees so selected shall,, within five (5) days of the appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two (2) appointees fail to agree upon a chairman, within the time limited, the Ministry Minister of Labour for Ontario shall, if requested within(5) within five (5 )days from the expiry of the date upon which the two (2) appointees are to appoint a chairman chair- man (but not thereafter), forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter mat- ter and shall issue a decision which shall be final and binding upon the parties parties, and upon any employee affected by it. The decision of the majority shall be the decision of the arbitration board, but if there is no majority decision, the decision of the chairman shall The arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental to any arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two (2) parties hereto. The time limits and other procedural set out in this Article are not merely directory, therefore, failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the Any grievance not appealed from one step of the grievance procedure to the next within specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time specified. The time limits in this Article may be extended if both parties agreegovern.
Appears in 1 contract
Samples: Collective Agreement
Step No. At this step, the written grievance shall be presented to the Industrial Relations Manager or his designate, with- in the aforesaid four (4)days of receipt of the depart- ment manager’s reply but not thereafter. A meeting will be held between the grievance committee together with the involved and the Industrial Relations Manager, together with other representatives of man- agement within (4)days of the presentation of the written grievance to the Industrial Relations Manager. A staff representativeof the Union may be present at such a meeting if requested by either party. The Industrial Relations Manager shall give his written reply to the xxxxxxx within four (4)days of such meeting. If the Industrial Relations Manager’s reply is not satis- factory to the the next step must be taken with- in ten days after the delivery of the Industrial Relations Manager’s reply to the xxxxxxx but not there- after. In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration arbi- tration of the grievance by giving notice in writing to the other party within ten (10) days from the delivery of the decision at Step to the xxxxxxx but not thereafter. If the request for arbitrationis arbitration is not so given, within such ten (10) day period, the decision at Step shall be final and binding upon both parties to the Agreement, and upon any employee involved. The notice to arbitrate shall contain the name and address of the moving party's ’s nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board and the remedy sought. The party giving such notice shall be bound by same and shall be restricted to arbitrate the issues presented by the notice. The recipient of the notice shall within ten (10) days advise the other party, in writing, of the name of its the appointee to the arbitration board. The two (2) appointees so selected shall,, within five (5) days of the appointment of the second of them, appoint a third person per- son who shall be the chairman. If the two (2) appointees fail to agree upon a chairman, within the time limited, the Ministry of Labour for Ontario shallshall if requested, if requested within(5within the five (5) days from the expiry of the date upon which the two (2) appointees are to appoint a chairman but not thereafter, forthwith xxxxxxxxx appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter mat- ter and shall issue a decision which shall be final and binding upon the parties and upon any employee affected affect- ed by it. The decision of the majority shall be the decision deci- sion of the arbitration board, but if there is no majority decision, the decision of the chairman shall govern. The arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically specif- ically assigned to it him by the notice to arbitrate specified speci- fied in Step of Article hereof. Each party hereto shall bear its own costs of and incidental inci- dental to any arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two (2) parties hereto. The time limits and other procedural requirements set out in this Article are mandatory and not merely directorydirec- tory, therefore, failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment aban- donment of the grievance by the Any grievance not appealed from one step of the grievance procedure to the next within the specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time specified. The time limits in this Article may be extended if both parties agree. A grievance which has been disposed of pursuant to the grievance provisions of this Agreement shall not again be made the subject matter of a grievance. A shall have the right to withdraw the grievance at any stage of the proceedings. A decision or settlement reached at any stage of the grievance procedure shall be final and binding upon all parties hereto, including the complaining employee, and shall not be subject to reopening by any party except by agreement in writing. If the grievance is set- tled at any step of the grievance procedure both the Company and the Union representatives who pass on the same as provided herein shall, after ratification, sign the settlement as endorsed upon the written grievance, so that no question or argument may arise as to what the settlement was. When an employee’s grievance is settled by the parties or determined by a Board of Arbitration on the basis that the employee is entitled to be reimbursed for wages lost as a result of action on the part of the Company in violation of this Agreement, such reimbursement shall be at the appropriate hourly rate exclusive of any shift premiums for those days he was otherwise available for work and recall at the employer’s plant, but there shall be subtracted therefrom any and all monies the employ- ee received during such period.
Appears in 1 contract
Samples: Collective Agreement
Step No. In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to the other party within ten (10) days from the delivery of the decision at Step step to the xxxxxxx Chief Xxxxxxx, but not thereafter. If the a request for arbitrationis arbitration is not so given, given within such ten (10) day period, the decision at Step shall be final and binding upon both parties to the Agreement, this Agreement and upon any employee involved. The notice to arbitrate shall contain the name and address of the moving party's ’s nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board and the remedy sought. The party giving such notice shall be bound by same and shall be restricted to arbitrate the issues presented by the noticeBoard. The recipient of the notice shall within ten (10) days advise the other party, in writing, of the name of its appointee to the arbitration board. The two (2) appointees so selected shall,within five (5) days of the appointment of the second of them, as soon as possible, appoint a third person who shall be the a chairman. If the two (2) appointees fail to agree upon a chairman, within the time limited, limit the Ministry Minister of Labour for Ontario shall, if requested within(5within ten (10) days from the expiry of the date upon which the two (2) appointees are to appoint a chairman (but not thereafter), forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the arbitration board, but if there is no majority decision, the decision of the chairman shall govern. The board of arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this the Agreement, nor not to adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental to any such arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two (2) parties hereto. The time limits and other procedural requirements set out in this Article are mandatory and not merely directory, therefore. Therefore, failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the Any grievance not appealed from one step of the grievance procedure to the next within the specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time times specified. The time limits in this Article may be extended if both parties agree.
Appears in 1 contract
Samples: Collective Agreement