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Common use of Step No Clause in Contracts

Step No. 4 If the Association is not satisfied with the disposition of the grievance at Step No. 3 or if no decision has been rendered within ten (10) working days after said meeting of the Superintendent, the Association, and the aggrieved employee, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after the receipt of such notification, the Superintendent and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Step No. 4 If the Association is not satisfied The employee, with the disposition a Union Stewaxx, xx desired, must submit a written grievance, signed and dated by the employee, to Department Head or designate. The nature of the grievance at and the remedy sought shall be set out in the grievance. In addition, the employee will endeavour to set out the section or sections of the Agreement which are alleged to have been violated. The Department Head or designate will deliver decision in writing seven calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. Step No. 3 Within seven (7) calendardays decision under Step No. the employee, with the the Union Stewaxx, xx desired, must submit the written grievance to the Associate Executive Director-Human Resources or if no designate who will deliver a decision has been rendered in writing within ten (10) working seven calendar days after said meeting of receipt of the Superintendentwritten grievance. The parties may, if they so desire, meet to discuss the grievanceat a time and place suitableto both parties. Failingsettlement, the Association, and the aggrieved employee, next step in the grievance procedure may be taken. No. Within seven calendar days following the decision under Step No. the grievance must be submitted to the Executive Director or designate to be discussed at a meeting between the Executive Director or designate, the said Stewaxx, xxx and the Union Committee within seven calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Executive Director or designate shall give written disposition within seven (7) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working calendar days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided reply in said Step Nois given. 3. (2) Within five (5) working days after the receipt of such notification, the Superintendent and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The If no written request for arbitration shall state is received within such fourteen (14) day period, the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator grievance shall be limited deemed to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreementbeen abandoned. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Step No. 4 If the Association is Union and the Company cannot satisfied reach a settlement, either party may, within thirty (30)calendar days of the reply given in Step No. submit the grievance to Arbitration by nominating an Arbitrator. These time limits may be extend- ed, with mutual agreement. Within fifteen (15) days thereafter, the disposition other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member. The third member shall act as Chairman of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate GovernmentAgency. No person involved directly in the con- troversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitra- tor, the grieving party may ask the appropriate Government Agency to make the appointment. If the party filing a grievance does not processit from one Step to the next within the time limits set out then the grievancewill be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Proce- dure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of terminations where the Grievance Procedure will commence at Step No. 3 or if no decision has been rendered within and such grievance will be submitted directly to the Vice President, Operations Department. The Union Business Representative and the Company Re- gional Director may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) working days after said meeting 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 Superintendentissues involved. In reaching its decisions, the AssociationArbitration Board shall be governed by the provisions of this Agree- ment, and shall have no authority to alter, amend, or change the aggrieved employee, provisions of this Agreement. The findings and decisions of the grievance may Board of Arbitra- tion on all arbitrable questions be submitted binding and enforce- able on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to arbitration 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 interrup- tion of normal operations as a result of any grievance. The parties shall act in good faith in proceeding griev- ances in accordance with the following procedure: (1) The request for arbitration may provisions in this Article. be made by viewed in the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date presence of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step NoStore Manager. 3. (2) Within five (5) working days after the receipt of such notification, the Superintendent and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, Union acknowledges that the arbitrator shall stewards have their regular duties to perform and that such persons will not have any authority to establish wage rates nor to add toleave their regular duties without receiving permission from the Store Manager or appointee, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall which permission will not be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5unreasonably withheld. The Company will compensate such Xxxxxxx at their regular straight time limits hereinbefore specified hourly rate for time spent servicing complaints or grievances hereunder during their regular hours within the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limitsstore.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Step No. 4 If the Association grievance is not satisfied with settled by the disposition Supervisor, the grievance will be put in writing on a Company grievance form stating the nature of the grievance at Step Nogrievance, the remedy sought and the of the Agreement which are alleged to have been violated, and signed by the employee involved. 3 The form must be submitted by the Union to the Division Manager or if no decision has been rendered his designate within ten three (103) working days after said meeting of the Superintendent, the Association, and the aggrieved employee, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination Supervisor's reply. A meeting will be held between the Division Manager and other representatives of management and the Superintendent made under Union Committee. The Division Manager, or his designate, will reply to the procedure provided grievance in said Step No. 3. (2) Within writing within five (5) working days after following the meeting. Grievances not settled at Step may be referred to the Human Resources Manager for the Company or his designate, within three (3) working days of the receipt of such notification, the Superintendent and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition written response in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority Step A meeting of the arbitrator parties at a mutually convenient time shall be limited arranged in an attempt to resolve the provisions grievance. The Union Committee, Local President and/or National Representative, if he so desires, will participate in this meeting, together with representatives of this Agreement and to the question management. The Human Resources Manager or questions which are submittedhis designate, providedshall give his response in writing, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. within five (5) working days following the meeting. The decision of the arbitrator shall time limits mentioned in this Article may be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally extended by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and parties. The grievance procedure in this Article shall apply equally to an individual grievance or a group grievance. Policy, discharge or management grievances, however, shall be referred directly to the Associationthird step of the grievance procedure, a grievance otherwise subject within five (5) working days of the occurrence of the events giving rise to the grievance. Grievances not settled at Step of the grievance procedure may be submitted directly referred to arbitration by either party providing such referral is made within five (5) working days of the receipt of the grievance response provided for in Step In the manner prescribed above. 5event of such referral to arbitration, a sole arbitrator shall be selected to hear and determine the matter. The time limits hereinbefore specified party giving notice to arbitrate shall indicate three (3) arbitrators who are acceptable to them to hear the grievance. The party receiving the notice to arbitrate shall choose one of the arbitrators presented or indicate three (3) other arbitrators who are acceptable to them to hear the grievance. Such response will be made within seven (7) working days of receipt of notice. Should a response not be possible within that time, the party giving notice shall be advised. If the parties cannot agree to an arbitrator in this manner, then either party may refer to the Ministry of Labour for the bringing appointment of an arbitrator. The arbitrator shall hear and processing of determine the matter and shall issue a grievance hereunder may decision which shall be extended final and binding upon the parties and upon the employee or employees affected by mutual agreement it. Each party hereto shall bear its own costs of the Superintendent incidentals to such arbitration proceedings, the fees and charges of the Associationarbitrator shall be borne equally by the two parties hereto. The Superintendent and arbitrator shall not have the Association agree not authority to unreasonably withhold assent change, modify, add to or amend the request by the other for a reasonable extension of such time limitsCollective Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Step No. 4 If Within (5) working days the Association decision is not satisfied with the disposition of given Step the grievance at Step Noin writing to the Manager, Relations. 3 If a meeting be held within a further of five working days between the Manager, Industrial Relations his appointee, the Grievance Committee, and the Agent. The Manager, Industrial Relations, or his decision be delivered in writing within five (5) working following the date of such meeting. settlement under procedure of any grievance between the parties the application or alleged violation of this including any question as to whether grievance is arbitrable, such grievance be to arbitration as hereinafter and if no decision has been rendered within written request for arbitration is received ten (10) working days after said meeting the under Step No. is given, shall be deemed to have been abandoned. A policy grievance arising directly between the the involvingthe interpretation,application or alleged violation of shall be submitted in by the Agent. parties that such a grievance shall not submitted solely Grievance Procedure provided in Section In the case of the SuperintendentUnion, such a grievance shall be in writing, commencing at Step No. the AssociationGrievance Procedure, and within fifteen (15) days the aggrieved employee, circumstances giving rise to the grievance may originate or In the case of the Company, a grievance shall first be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification presented in writing to the other party within fourteen 5) days after the circumstances rise to the grievance originate a will be held within five (145) working thereafter between of the parties. Failing then within working days thereafter, the may be referred to arbitration as hereinafter provided. Should any employee not be submitted within the time limits specified in this Article, it shall be considered to have been on the basis of the Company’s reply to grievance. If no written decision has been to an employee within the time limits specified above, the employee shall be entitled to submit the grievance to the next stage including arbitration. A claim by an employee who completed his period he has been or discharged without shall treated as a grievance if a written statement of such is lodged with Distribution Centre Manager within four (4) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step Noemployee suspended discharged. 3. (2) Within five (5) working days after the receipt of such notification, the Superintendent and the Association shall jointly submit the suspension or discharge grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance be with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.Grievance Procedure by:

Appears in 1 contract

Samples: Collective Bargaining Agreement

Step No. 4 If Grievances properly arising under this shall be adjusted and settled grievance occurred or originated, (save and except grievances arising out of discharge cases in which case grievance shall be brought within five (5) days of employee being notified of discharge, and save except as defined in Section (below), aggrieved employee Business Representative, grievance which shall be reduced on a supplied by the Association is not satisfied with the disposition Union approved by Association, to of named by io grievances at this step. Should satisfactory to employee be within five (5) full days, step the grievance procedure be taken at Step No. 3 or if no decision has been rendered within ten any lime five (105) full working days after said meeting of the Superintendentthereafter. Conunittee, the Association, and the aggrieved employeeif it considers it a valid grievance, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by a of the Association or by and the Superintendent by notification in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within respective shall meet five (5) working days thereafter endeavour to the If salisfactory settlement is not reached five (5) days this meeting if as grievance is one concerns interpretation or alleged violation of the Agreement, grievance be to arbitration, ten (1O) working days but not Article below at any time grievances are defined as those arising under this Agreement, involving of hours of work, rates of overtime: vacation and holiday pay, travelling expenses, room board benefit and contributions, and dues, do not grievances out of classification monetary grievances shall be brought at Step Na. three (3) after circumstances giving rise to grievance occurred or originated. In those instances is required to file a or subsequent monetary grievance under this Article such grievance is settled with assistance Relations Board, responsible for violation of the receipt of will pay such notification, costs to arrive at Should the Superintendent and the Association shall jointly submit the Union refer a grievance to the Relations Board and fail to prove alleged and failure to prove violation is established Board decision, pay such reasonable legal costs by the as a of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with such Both parties to this Agreement agree that any grievance the applicable rules of said Board. (3) The request for arbitration shall state the interpretation or alleged violation of this Agreement been properly carried ail the steps of the Grievance Procedure outlined in above and shall state the remedy or the relief sought has not been settled, will be referred to a Board of Arbitration at request of either of parties hereto. Board of Arbitration be composed of person appointed by Association, appointed by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement Union and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request person act as Chairnian chosen by the other for a reasonable extension of such time limitsthe Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Step No. 4 The aggrieved employee or alternate must submit the grievance in writing to the Manager of Plant Operations or Manager of Plant Maintenance and Construction who shall consider it in the presence of the aggrieved employee and/or the Grievance Grievance Committee shall be present at this stage. Should no satisfactory to the employee be reached within five working days, the next step in the grievance procedure may be taken at any time within five working days thereafter. The aggrieved employee or alternate shall submit the grievance in writing to the Superintendent of and Educational Resources. The Grievance shall be present at this stage. aggrieved employee's supervisor and/or the Manager of Plant Operations or Manager of Plant and Construction may be present if required by the Superintendent of Human and Educational Resources designate. If the Association is not satisfied with the disposition a final settlement of the grievance at Step No. 3 or if no decision has been rendered under hereof is not completed within ten (10) working days after said meeting of the Superintendent, the Association, and the aggrieved employeedeliberations have commenced, the grievance may be submitted referred by either party to arbitration Arbitration as provided in accordance with ARTICLE hereof. In the following event of the reinstatement, through the grievance procedure: (1) The request for arbitration may , of an employee who has been suspended or discharged, such employee shall be made by the Association or by the Superintendent by notification in writing reinstated to the other party within fourteen (14) working days after employee's former position without loss of seniority and shall receive the date pay for the period of suspension or discharge. Both parties to this Agreement agree that any dispute or grievance con- cerning the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after the receipt of such notification, the Superintendent and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the interpretation or alleged violation of this Agreement which has been properly carried through all the steps of the grievance procedure outlined in ARTICLE VI, and which has not been settled, may be referred to a Board of Arbitration and where both parties agree, a single Arbitrator may be substituted for an Arbitra- tion Board. In the case of a single Arbitrator, the parties shall state endeavour to agree on the remedy or selection of an Arbitrator, and in the relief sought event that they fail to do so, the of Labour will be asked to nominate an Arbitrator of one person appointed by the party requesting arbitration. (4) The authority Employer, one person appointed by the Association and a third person to act as Chairperson, chosen by the other two members of the arbitrator Board. Within five working days of the request by either party for a Board, each party shall notify the other of the of the appointee. Should the person chosen by the to act on the Board and the person chosen by the Association fail to agree on a third person within seven days of the notifi- cation mentioned in the Minister of Labour for the Province of Ontario will be asked to appoint a Chairperson forthwith. The decision of a Board of Arbitra- tion, or a majority thereof, constituted in the above manner, shall be limited final and binding on both parties. If there is no majority decision, then the decision of the Chairperson shall govern. any of the provisions of this Agree- ment or to substitute any new pro- visions for any existing provisions. Each of the parties to this Agree- ment will bear the expenses of the Arbitrator appointed by it and of its witnesses; and the parties will jointly bear the expenses of the Chairperson. No person shall be selected as Arbitrator who has been directly involved in attempts to negotiate or settle the grievance. The Association agrees that, during the term of this Agreement, there will be no strike, picketing, slowdown or stoppage of work, and the Employer agrees that there will be no lockout. "Strike" and "lockout" shall be as defined in the The Employer shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, picketing, stoppage or slowdown. It is understood that the Employer may bring forward, at any meeting held with the Association Grievance any complaint with respect officers or members, or any com- plaint that a contractual obli- gation undertaken by the Association has been violated, and that, if such complaint by the Employer is not settled to the mutual satisfacton of the conferring parties, it may be treated as a grievance and referred to arbitration in the same way as the grievance of an employee. Should any difference arise between the Employer and the Association as to the interpretation or alleged violation of the provisions of this Agreement and affecting the Association as such, the Association shall have the right to bring forward, at any meeting held with the under the grievance procedure, any such complaint. If such complaint is not .settled to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any satisfaction of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall conferring parties, it may be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, treated as a grievance otherwise subject to the grievance procedure may be submitted directly and referred to arbitration in the manner prescribed above. 5same way as the grievance of an employee. The time limits hereinbefore specified for No such grievance shall be filed with respect to the bringing and processing same subject matter that is already the subject of a grievance hereunder may filed an under ARTICLE VI, nor shall any grievance be extended filed by mutual agreement an with respect to the same subject matter that is already the subject of the Superintendent and the Association. The Superintendent and a grievance filed by the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.under this

Appears in 1 contract

Samples: Collective Bargaining Agreement

Step No. 4 If the Association is not satisfied with the disposition of the grievance at Step No. 3 or if no decision has been rendered within ten (10) working days after said meeting of the Superintendent, the Association, and the aggrieved employee, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after the receipt of such notification, decision is given by the Superintendent and Plant Manager under Step No. the Association shall jointly grievance committee may submit the grievance to the Board of Conciliation and ArbitrationPresident or his designated representative, Boston, Massachusetts, for disposition in accordance who shall meet with the applicable rules grievance committee and such other persons as Manage- ment may desire within ten (10) working days to consider the grievance. The Union has the right to have either the or the Union representative who handled the griev- ance attend the third (3rd) step grievance meeting. At this stage, they may be accompanied by a full time representative of said Board. the Union if his presence is requested by either the grievance committee or the Company. The President or his designated representative will render his decision in writing within five (35) The working days following such meeting. If final settlement of the grievance is not reached at Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, then the grievance may be referred in writing by either party to an Arbitrator as provided in Article below at any time within thirty (30) calendar days after the decision is given under Step No. and if no such written request for arbitration is received within the time limits, then it shall state be deemed to have been abandoned. Group grievances shall commence with the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority Second Step of the arbitrator shall be limited Grievance Procedure, with strict adherence to the provisions terms of this Agreement and the Second Step of the Grievance Procedure. Policy grievances, a Union claim that a cessation of work constitutes a lockout, or grievances dealing with suspension or discharge shall commence with the Third Step of the Grievance Procedure, with strict adherence to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any terms of the terms Third Step of the Grievance Procedure. In a grievance involving a suspension from work or provisions a discharge of this Agreement. an employee, such grievance meeting must be held within five (5) The decision days and the answer must be given within five (5) working days of such grievance meeting or the grievance will be settled in favour of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5grieving party. The time limits hereinbefore specified for foreseen at the bringing and processing various steps of a grievance hereunder the Grievance Procedure may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request consent in writing by the other for a reasonable extension of such time limitsboth parties.

Appears in 1 contract

Samples: Collective Agreement

Step No. 4 Within fifteen (15) days thereafter, the other party shall nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member. The third member shall act as Chairman of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the Association is other party fails to nominate an Arbitrator, the grieving party may ask the appropriate Government Agency to make the appointment. If the party filing a grievance does not satisfied with process it from one Step to the disposition next within the time limits set out above, then the grievance will be considered to have 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 which has not been properly carried through all previous steps of the grievance Procedure, except in the case of terminations where the Grievance Procedure will commence at Step No. 3 or if no decision has been rendered within and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) working days after said meeting 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 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 Superintendentissues involved. In reaching its decisions, the AssociationArbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the aggrieved employee, provisions of this Agreement. The findings and decisions of the grievance may Board of Arbitration on all arbitrable questions shall be submitted 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 arbitration 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 following procedure: provisions in this Article. When an employee has given eighteen (118) The request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after the receipt of such notificationconsecutive months with no unsatisfactory conduct documentation on file, the Superintendent company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Boardsuch request will not be denied. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.

Appears in 1 contract

Samples: Collective Agreement