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
Step No. 4 If the Association is not satisfied with the disposition of the grievance at 3
6.03 Failing settlement under Step No. 3 of any difference between the parties arising from the interpretation, application, administration, or if alleged violation of this Agreement, including any question as to whether a matter is arbitrable, may be taken to arbitration as hereinafter provided. If no written request for arbitration is received within ten (10) full working days after a decision has in Step No. 3 is given, it shall be deemed to have been rendered settled.
6.04 Any policy grievance arising directly between the Company and the Union shall be originated under Step No. 3 within ten (10) working days after said meeting the circumstances giving rise to the complaint have originated or occurred. However, it is expressly understood that the provision of this paragraph may not be used to institute a complaint or grievance directly affecting any employee or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not be thereby by-passed.
6.05 The time limits as to both documents and procedures in Article 6, 7 and 8 hereto shall be mandatory and shall be observed by the parties to this Agreement, provided, however, that the parties may mutually agree, in writing, in respect to an extension or waiver of any of the Superintendenttime limits imposed. Where no written answer has been given within the time limits specified, the Association, and the aggrieved employeeemployee(s) concerned, the grievance Union or the Company as the case may be shall be entitled to submit the grievance to the next step of the Grievance Procedure. Any grievance not filed or processed within the time limits without mutual agreement, in writing, to an extension or waiver shall be considered to be withdrawn or settled on the basis of the last reply.
7.01 If a permanent employee believes that he has been unjustly discharged or suspended, the matter shall be taken up as a special grievance, commencing at Step No. 3 of the Grievance Procedure. Any such special grievance must be submitted to arbitration in accordance writing and lodged with the following procedure:
Company within three (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 (143) working days after the date discipline is issued, and the matter will be disposed 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 within five (5) working days after the receipt of Company received the grievance, except where such notification, the Superintendent and the Association shall jointly submit the a grievance is taken 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 7.02 Grievances relating to discharge or suspension may be settled by confirming the Company’s action in dismissing the employee, or by reinstating the employee with full compensation for the time lost, or by other arrangement, which is just and equitable in the opinion 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.conferring parties
Appears in 1 contract
Samples: Collective 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 The aggrieved employee and/or the xxxxxxx may submit the written xxxx- xxxxx to the Personnel Officer. At this stage they shall be accompanied by an officer of the Union if requested by either party. If the Association is not satisfied with the disposition final settlement of the grievance at Step No. 3 or if no decision has been rendered within ten is not completedwithin seven (107) working days after said meeting the submission to the Per- sonnel Officer, and if the grievance is one which concerns the interpretation or alleged violation of this Agreement, the grievanceshall at the request of the Superintendent, the Association, Union and the aggrieved grieving employee, or at the request of the Employer, be refer- red to a Board of Arbitration as pro- vided in Article below at a time within twenty-one (21) working days after the Personnel Officer has re- sponded to the grievance, but no later. Any of the time allowances set out in this Article may be extended by mutual agreement. If the Employer fails to reply to a xxxx- xxxxx within the prescribed time limits in any step of the grievance procedure, the grievance may be submitted processed to arbitration the next higher step followingthe expiry of the time limit in accordance question. If a grievance is not processed to next higher step or to Arbitration with- in the prescribed times, the grievance shall be deemed to be abandoned. An employee covered by this Agree- ment who is called to appear before a Superintendent or Assistant Superin- tendent to interviewed concerning any matter which might reasonably be anticipated to result in the disciplineor discharge of the employee, shall be accompanied by a xxxxxxx and a mem- ber of the Union Executive. It is agreed that an employee working the to midnight shift will not be called to the office to be interviewed under this clause before noon if he has worked the said shift on the day before such interview. The Recording Secretary of the Union shall receive a copy of any written reprimand given to an employee. Referenceto previous reprimands shall be included in this letter, along with the issued. Employees may, on written request to the Personnel Officer, review their per- xxxxx files. Such reviews must be made in the presence of a member of Per- sonnel Services staff at a time mutually arranged between the' Personnel Ser- vices Department and the employee concerned during normal business hours. The employee may be accom- panied by a Union Officer if requested by either party. An employee's record shall be destroyed when an employeemaintains a clear record for a period of two (2) years following procedure:
a suspension, written warning, or receipt of final warning. Both parties to this Agreement agree that any dispute or grievance concern- ing the interpretation or alleged xxxxx- tion of this Agreement which has been properly carried through all the steps of the grievance procedure outlined in Article above, and which has not been settled, will be referred to a Board of Arbitration at the request of either of the parties hereto. The Board of Arbitration will be com- posed of one (1) The request for arbitration may be made person by the Association or Employer, one person appointed by the Superintendent by notification in writing Union, and a third person 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 act as Chairman chosen by the other for a reasonable extension of such time limits.two
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
Step No. 4 If An employee may present a to Management's representative at the Association second step when the decision rendered by representative at the first step is not satisfied with the disposition of the grievance at Step No. 3 or if no decision has been rendered satisfactory to within ten (10) working days after said meeting that decision has been conveyed in writing to Management's shall reply to the grievance within seven (7) days after the grievance is presented. Management's representative at Step No. is the appropriate Director. An may present a grievance to representative at the third step when the decision rendered by Management's representative at the step is not satisfactory to him within ten (10) days that decision has been con- veyed in writing to Management's representative at Step No. is the Executive Director or his representative. representative at Step No. shall reply to an employee's grievance within seven (7)days after the grievance is presented in accordance with Clause A grievance arising between the Corporation and the the interpretation, application or alleged violation of this shall be In the case of the Superintendentsuch a grievance shall be to the Corporation's designated representative at Step No. of the grievance within (15) days the date on which it becomes aware of the circumstances giving rise to the grievance. In the case of the Corporation, such a grievance shall be presented to the 5) days of the on which it becomes aware of the circumstances rise to the grievance. When such a is received by either party, a shall be convened between Public of Canada representatives of the two (2) parties within ten days in effort to resolve the issue in dispute. settlement within fifteen 5) days of the date on which the grievance was submitted, the Associationgrievance m y be to arbitration, and as hereinafter provided. The parties that such a grievance shall not be to circumvent the aggrieved normal grievance procedure. When an employee has been represented by the Alliance in the presentation of his grievance, the Corporation provide the appropriate representative of the with a copy of the Corporation's decision at each step of the grievance procedure at same time that the Corporation's decision is to the employee. When the Corporation discharges an employee, the grievance procedure shall as follows: the grievance may be submitted presented at the Final Step only, within ten days following discharge; and the seven (7) day time limit within which the Corporation to arbitration reply at the Step is extended to twenty (20) days. An employee may, by written notice to the Management representative his grievance, abandon the grievance. Failing a reply from the Employer within the time limits specified at any step, the employee may, within the next ten (10) days, the grievance to the next higher step of the procedure. Any employee who to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond his control, he was unable to comply with the prescribed time limits. A of an employee shall not be to be by reason only of the it is not in accordance with the following procedure:
(1) The request for arbitration may be made form supplied by the Association or by Corporation. In determining the Superintendent by notification in writing time within which any action is 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 notificationbe taken as prescribed m this procedure, the Superintendent Saturdays, Sundays 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 Holidays shall be limited to the provisions of this Agreement and to the question or questions which are submittedexcluded, 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 stipulated in this Article may be extended by mutual agreement of agreement, between the Superintendent Corporation and the Association. The Superintendent employees, and where appropriate, the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limitsAlliance.
Appears in 1 contract
Samples: Collective Agreement
Step No. 4 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 Association Industrial Relations Manager’s reply is not satisfied with satis- factory to the disposition 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 at Step No. 3 or if no decision has been rendered within ten (10) working days after said meeting shall request arbi- tration 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 giving notice in writing to the other party within fourteen ten (1410) working days after from the date delivery of the receipt decision at Step to the xxxxxxx but not thereafter. If the request for arbitration is not so given, within such ten 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 nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Association 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 final determination notice shall within ten (10) days advise the other party, in writing, of the Superintendent made under name of the procedure provided in said Step Noappointee to the arbitration board. 3.
The two (2) Within appointees so selected shall, within five (5) working days after of the receipt appointment of such notificationthe second of them, appoint a third per- son who shall be the chairman. If the two (2) appointees fail to agree upon a chairman, within the time limited, the Superintendent Ministry of Labour for Ontario shall if requested, within the five (5) days from the expiry of the date upon which the two (2) appointees are to appoint a but not thereafter, xxxxxxxxx appoint a qualified person to be chairman. The arbitration board shall hear and determine the Association mat- ter and shall jointly submit issue a decision which shall be final and binding upon the parties and upon any employee affect- ed by it. The decision of the majority shall be the 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 specif- ically assigned to him by the notice to arbitrate speci- fied in Step of Article hereof. Each party hereto shall bear its own costs of and 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 direc- tory, therefore, failure to put a grievance to in writing at the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition proper step in accordance with the applicable rules requirements hereof shall be deemed a complete waiver and aban- donment 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 grievance by the party requesting arbitration.
(4) The authority Any grievance not appealed from one step of the arbitrator grievance procedure to the next within the specified time limit shall be limited 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 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 and to the question or questions which are submitted, provided, however, that the arbitrator shall not again be made the subject matter of a grievance. A shall have the right to withdraw the grievance at any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any stage of the terms proceedings. A decision or provisions of this Agreement.
(5) The decision settlement reached at any stage of the arbitrator grievance procedure shall be final and conclusively binding upon all parties hereto, including the Associationcomplaining employee, the Superintendent and the aggrieved employee.
(6) The expenses of arbitration shall not be shared equally subject to reopening by the Committee and the Association.
4. By mutual any party except by agreement in writing between writing. If the Superintendent and the Association, a grievance otherwise subject to 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 submitted directly to arbitration in reimbursed for wages lost as a result of action on 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 part of the Superintendent 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 Association. The Superintendent employer’s plant, but there shall be subtracted therefrom any and all monies the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of employ- ee received during such time limitsperiod.
Appears in 1 contract
Samples: Collective Agreement
Step No. 4 If the Association is not satisfied with the disposition A meeting will be convened within three (3) working days following receipt of the grievance with the grievance committee, the and a full-time Union representative together with such other persons, as management may desire. The management shall render its decision in writing within three (3) working days following the hearing at Step No. 3 or if no decision has been rendered within ten (10) working days after said meeting of the Superintendent, grievance procedure. If final settlement of the Association, grievance is not reached at Step No. and if the aggrieved employeegrievance is one which concerns the interpretation or alleged violation of this agreement, the grievance may be submitted referred by either party to a Board of Arbitration as provided in Article below at any time within ten working days after the decision is given under Step No. and if no such written request for arbitration is received within that time then the grievance shall be deemed to have been abandoned. It is understood that the management may submit to the Union any complaint with respect to the conduct of the Union, its officers and members or any complaint that a contractual obligation undertaken by the Union in this agreement has been violated. Any such complaint shall be delivered in writing to the Chairperson of the grievance committee where upon it shall be discussed at Step No. of the grievance procedure. Failing a satisfactory settlement within two (2) working days after the filing of such grievance, the Company may refer it to arbitration in accordance with Section (5) or more) in the following procedure:
(1) The request for arbitration bargaining unit in regard to which an individual employee could not grieve or an alleged violation where a group of employees have signified to the Company an intention to grieve, may be made brought forward by the Association or by the Superintendent by notification Union Grievance Committee 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 at Step No. 3.
(2) Within of the grievance procedure at any time within five (5) working days after the receipt circumstances giving rise to it occurred or originated and if such grievance is not settled to the mutual satisfaction of such notificationthe conferring parties, it may be referred to a Board of Arbitration in the Superintendent and the Association shall jointly submit same manner as 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 an individual employee. Any of the arbitrator shall be limited to the provisions of time set forth in 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 Article may be extended by mutual written agreement between the parties. Reasonable time extensions will be discussed and decided by the respective representatives given the level 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 limitsgrievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Step No. 4 If the Association is not satisfied The employee, with the disposition assistance of Xxxxxxx, may present grievance in writing to the appropriate Superintendent or Comptroller or designate, who shall deliver decision in writing within three (3) working days falling the of the grievance at Step No. 3 or if no decision has been rendered to then within ten (10) working days after said the decision i s given, The Union Grievance Committee may present the grievance in writing to the Director of Education or designate. A meeting be held within ten (10) working days between the Director of Education or designate and the Union Grievance Committee, A Staff Representative of the SuperintendentUnion may be present at the request of either the Board or the Union. It is understood that the Director of Education or designate shall have such counsel and assistance as desire at any meeting with the Grievance Committee. Failing settlement, the Associationdecision of the Director of Education or designate shall be delivered in writing within working days to the Union. settlement under the foregoing procedure of any grievance between the parties arising the interpretation, and the aggrieved employeeapplication, the administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration in accordance with the following procedure:
(1) The as hereinafter provided. If no written request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party is received within fourteen thirty (1430) working days after the date of the receipt by the Association of the final determination of the Superintendent made decision under the procedure provided in said Step No. 3.
(2) Within five (5) working days after the receipt of such notificationi s given, the Superintendent grievance shall be deemed to have been settled or Where no answer has been given within the time l i m i t specified, the may be submitted to the next step of the foregoing procedure, including arbitration. It is agreed that a grievance arising directly between the Board 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 Union shall be limited originated by either party under Step No. and the time out with respect to the provisions of this Agreement and to the question or questions which are submitted, providedthat Step shall appropriately apply. It i s understood, 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 section may not be used with respect to a grievance directly affecting .an employee and that the arbitrator regular grievance procedure shall not be thereby No adjustment effected under the Grievance Procedure or Arbitration Procedure 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 made retroactive prior to the date. 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 was formally discussed or presented to the request by under the other for a reasonable extension of such time limitsGrievance Procedure except as to bookkeeping error involving an wage.
Appears in 1 contract
Samples: Collective 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 decision is given at Step No. the aggrieved employee, accompanied by the representative of the Union, shall meet as promptly as possible with the Chief Executive Officer and such notificationpersons as Management may desire, to consider the Superintendent and the Association shall jointly submit grievance. The Chief Executive Officer will render his decision in writing within ten 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 Arbitration as provided in Article below at any time within fifteen (15) calendar days after the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board.
(3) The decision is given under Step No. If no such written request for arbitration Arbitration is received within the time limits, then it shall state the be deemed to have been abandoned. A Union policy grievance, which is defined as an alleged violation of this Agreement and shall state concerning all or a substantial number of the remedy or employees in the relief sought bargaining unit, in regard to which an individual employee could not grieve, may be lodged by the party requesting arbitration.
(4) The authority Union in writing with the President and CEO at Step No. of the arbitrator grievance procedure at any time within five (5) full working days after the circumstances giving rise to such grievance occurred or originated, and if it is not satisfactorily settled it may be processed to Step No. and to arbitration in the same manner and to the same extent as the grievance of an employee. The time limits fixed in the grievance procedure may be extended with the consent of the parties of this Agreement. Union or stewards will be allowed to process grievances on Corporation time with no loss of pay to the extent outlined in Article Clause Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article above, and which has not been settled, will upon the written request of either of the parties hereto, be referred to a Board of Arbitration or Single Arbitrator. The Board of Arbitration will be composed of one (I) person appointed by the Corporation, one (1) person appointed by the Union and a third person to act as Chairman chosen by the other two (2) members of the Board. Within three (3) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee. Should the person chosen by the Corporation to act on the Board, and the person chosen by the Union, fail to agree on a third person within seven (7) days of the notification mentioned in above, the Federal Minister of Labour will be asked to nominate a person to act as Chairman. A Single Arbitrator will be chosen in accordance with the Canada Labour Code. The decision of a Single Arbitrator or Board of Arbitration, or a majority thereof, constituted in the above manner shall be limited binding on both parties. The Single Arbitrator or Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement and or to the question or questions which are submittedsubstitute any new provisions for any existing provisions, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change give any of decision inconsistent with the terms or and provisions of this Agreement.
(5) The decision . Each of the arbitrator parties to this Agreement will bear the expenses of the Arbitrator appointed by it; and the parties will jointly bear the expenses, if any, of the Chairman, or Single Arbitrator. A claim by an employee who has completed the probationary period that she has been discharged or disciplined without cause 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, treated as a grievance otherwise subject to if a written statement of such grievance is lodged with the General Manager within three (3) full working days after the employee has been discharged or disciplined. Such special 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.settled by:
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Samples: Collective Bargaining Agreement