STEP. In the event the Director of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
STEP. In If an employee has a grievance the event employee shall first and immediately withinthe ten (1O) days referred to in the Director grievancein writing, to the Supervisorof Plant Operations and Facilities Maintenance. The Supervisorof Plant and FacilitiesMaintenance or designate shall then the grievance and will have ajoint meeting with the individual the Field Supervisor and appropriatesteward or Union representative. The Supervisorof Plant and Facilities Maintenance shall render a decision in writing to the Secretary of the Union and Chief Xxxxxxx withinseven (7) days. The next step of the grievance procedure may be seven (7) days of the Supervisorof Plant Operations and FacilitiesMaintenance giving written decision, but not thereafter. The written grievance herein referred to shall be in triplicate upon the grievance form which is annexed hereto as Schedule to this Agreement and such shallbe signed by the grieving employeeand be completed in all respects. If the grievance is not settled up to this point, the grievance committee within seven working days after the decision of the Supervisor of Plant and Facilities Maintenance under Step refer the grievanceto the Executive Officer of Human Resources or designate designate. The Executive Officer of Human Resources or designateshall then investigate the grievance and shall meet withthe Union Grievance Committee within fifteen (15) days after receipt of the written grievance. At such meeting the Board or the Union may have such additionalrepresentation present as each party desires, and the National Representative or may be required to be present at the of either party. The Executive Officer of Human Resources render a decisionin writing to the of the Union and Unit Chair are unable Chief Xxxxxxx within seven (7) days. grievance is not settled up to reach this point, the grievance committee shall, withinseven days the decision of the Executive Officer of Human under Step refer the written grievance to the Director of Education or designate. Director of Education or designate shall then investigate the grievance and shall meet with the Union Grievance Committee as soon as possible but not later than two (2) weeks thereafter to attempt to settle the grievance. At such meeting the Board or the Union may have such additional representatives present as each party desires, and the or concerned may be required to be present at the request of either party. The Director of Education shall render a resolve in STEP either party may, by notice decision in writing given to the other, within twenty (20) days, submit the grievance to final and binding arbitration. The notice Secretary of the party referring the matter to arbitration shall include the name Union and Chief Xxxxxxx within seven (7) days of the proposed sole arbitrator, which is to be mutually agreed uponholding of the meeting. If the parties are unable to agree on grievance is not settled at STEP and if mutually agreed by the selection of an arbitrator within twenty (20) working days once formal notice is givenBoard and the Union, the Federal Minister of Labour shall be requested grievance proceed to appoint the Arbitratora mediation process. The Company and the Union local shall each pay one-half costs of the remuneration and expenses process will be shared equally by the parties. If settlement of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall grievance is not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessivecompleted at Step above, it may substitute such other penalty for be referred by either party to a Board of Arbitration as hereinafter provided withinthirty (30) days the discipline Directorof or discharge as it considers just and reasonable in all designate's decision at Step above. The the circumstances. Time Limits Any time limit mentioned under the grievance procedure grievanceto arbitration shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidaysrestricted to the issue contained in the written grievance. The time limits imposed upon either party written grievance shall be signed by the and shall a summary of any STEP all issues in the Grievance Procedure may be extended by mutual written agreement. A request for extension dispute and of the time limit made prior remedy requestedby the In the case of a Union policy grievanceor Board grievance such grievancemay be submitted to the expiry Director of such time limit shall not be denied on an arbitrary basis. Where no reply is given or to a grievance within the time limits specified, and no extension was agreed to, the Union or the CompanyUnion, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten seven (107) days of when the circumstances ces giving rise to the grievance were known and commencewith Step under the grievanceprocedure; however, it is expressly understood the provisions of this paragraphmay not be used by the Union to institute a complaint or should reasonably have been known grievancedirectly affecting an employee or such employeeor employees themselves and the grievance not be bypassed. A complaint or grievancewhich has disposed of pursuant to the Companygrievance provisions of this Agreement shall not again be made the subject matter of a complaint or grievance. A meeting will be held with In the Union within ten (10) days event of any violation of the presentation "No Strikeor Lockout" Article hereof, the aggrieved party may cause the matter to be submitted to special arbitrationand a special arbitrator may be appointed and shall hold a hearing immediately or twenty-four (24) hours of being appointed. parties are unable to immediately agree upon an arbitratorwho is available to hold a hearing immediately or within twenty-four (24) hours, the may request the Minister of Labour for the Province of Ontario to appoint an Any grievance not appealed one step of the grievance and procedureto the Union next within the specifiedtime limitsas prescribed above shall give be considered on the Company its written reply basis of the Board's reply. If the respondent to a grievance does not the time set out for replies to a grievance, the party having carriageof the grievance in ten (10) working days following shall process the meeting. Failing settlement, such grievance may be referred to arbitration under this Article grievanceto the next higher step within twenty (20) working days the time required expiration of the date time for the Company received respondent to hold a meeting or give a reply, as the Union’s replycase may be. The Union shall have the right to file a ‘policy’ grievance Time limitsmay be extended where agreed upon in writing with between the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to Board and the Union. Failing settlementA decision reached at any stageof the grievance procedure above be and binding upon hereto, a meeting will including the complaining employee, and not be held with the Union within ten (10) working days of the presentation subject to reopeningby any party except by mutual Ifthe is settled at Steps or of the grievance procedure both the Board's and the Company Union's representatives who pass on the same as provided herein, shall give sign the Union its settlement as endorsed on the written reply grievance, so that no question or argument may arise as to what settlementwas. in addition, the grievance in ten (10) working days following aggrieved employee sign the meeting. Failing settlementsettlementas endorsed on the grievance, such grievance may be referred to arbitration under this Article within twentyacknowledgingthat the employeehas read and understood the same and is bound thereby
Appears in 1 contract
Samples: Collective Bargaining Agreement
STEP. In If a satisfactory settlement is not reached at STEP the event matter shall be referred by the Director union grievance committeeto the manager of Human Resources or designate the company in writing within five (5) days of the decision in STEP The matter will be discussed at a meeting involving the union grievance committee, and/or the supervisor, and/or the manager, and/or the personnel representative. The aggrieved employeemay be present at this meeting if both parties agree. A written decision shall be rendered within five (5) days following the date of such meeting. The union representative and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to company labour relations manager or delegate may be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modifypresent, or amend the provisions provide direction, at any step of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure if requested by either party. the interpretation, administration,application or alleged violation of the agreement, which are inappropriate for an employee grievance single or group. Such grievances shall be counted as working dayssubmitted in writing by the chairperson or secretary treasurer of the union at step of the grievanceprocedure, excluding Saturdays, Sundays and Statutory Holidayswithin fifteen (1 5) days where the circumstancesgiving rise to it occurred or originated. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case The company itself may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed with the chairperson of the union grievance committee and shall forward a copy of the grievanceto the office of Local Said grievance shall be entered by the Director manager or general manager of Human Resources or designate, with the Union operation. If a satisfactory settlement has not been reached within ten five (105) days of when receiving the circumstances giving rise to grievance,the matter shall be discussed at a meeting arranged mutually between the union grievance were known committee and the manager. The union representative and the company labour relations manager or should reasonably have been known to the Company. A meeting will designate may be held with the Union present at this meeting, If a satisfactory settlement is not reached within ten three (103) days of the presentation of meeting, the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this as outlined in Article Where a grievance is referred to arbitration the party making the referral will no the other party in writing within twenty thirty (2030) working calendar days of its' election of proceeding with a single arbitrator "arbitrator" or a tripartite arbitration board Where election is made for an arbitrator,the party making the referral will name one or more persons to act as an arbitrator in its' notice of referral. The other party respond in within five (5) days naming its' choice of arbitrator. Upon failure by the party receiving notice to name an arbitrator or failure by the parties to agree upon an arbitrator within 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 making the referral will name its' appointee to such board in the notice of referral. The other party will respond writing within five (5) days by naming its' appointee. The two appointees so selectedwill, within five (5) days of the date appointment of the Company received second of them, appoint a third person who shall chair the Union’s replyboard. Upon failure by the party receiving notice to name its' appointeeor upon failure by the two appointees to agree on a chairpersonwithinthe time limited, either party may request that the Minister of Labour for Ontario appoint one or both persons as required. The Union shall arbitratoror board will have no authorityto alter, change or modify any of the right terms and conditions of this agreement. Any question as to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with determined by the Union within ten (10) working days arbitrator or board. Each party to this agreement will pay the fees and expenses of the presentation member of the grievance board selected by it or by the Minister and will share equally in paying the fees and the Company shall give chairperson of the Union its written reply to board or of the grievance in ten (10) working days following the meetingarbitrator. Failing settlement, such grievance No person may be referred appointed as an arbitrator who has been involved in an attempt to arbitration under this Article within twentynegotiate or settle the grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
STEP. In Failing satisfactory settlement at Step the event occasional teacher may, within school days of receiving the Step reply, refer the grievance to the Director of Human Resources Education. school days, the Director or designate shall convene a meeting with the occasional teacher, who may be accompanied by a union representative, and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit shall have school days for reply. Failing satisfactory settlement at Step the grievance may be referred to final and binding arbitration. The notice arbitration within school days of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory HolidaysStep reply. The time limits imposed upon either party of any STEP fixed in the Grievance Procedure this grievance procedure may be extended by mutual written consent of the parties to this agreement. A request for extension Where a grievance involves a question of general application or interpretation, the being the Union or the Board, may initiate the grievance at Step of the time limit made prior procedure, provided such action is initiated within school days after the became aware of the facts and circumstances giving rise to the expiry of such grievance. If there are several grievances covering similar matters, they may be heard or considered together as one grievance. Any grievance not initiated or processed by the within the time limit limits specified above shall not be denied on an arbitrary basisconsidered to be abandoned. Where no If a party fails to reply is given to a grievance within the time limits specified, and no extension was agreed toprovided, the Union or the Company, as the case may be, shall be entitled to submit the grievance xxx referred to the next higher step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company If the Board has a complaint with respect to the conduct of the Union, it shall have submit its grievance in accordance with the right provisions of Step except that the notice shall be to file the President or other executive officer or the official representative of the Union. Such a grievance in writing signed by must be Xxx within school days from the Director day the cause of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been became known to the CompanyBoard or within reasonable time when it ought to have become known. A meeting will be held with The President, other executive officer or the official representative of the Union shall provide the answer to the Board within ten (10) school days of receipt of the presentation Where a grievance is to be referred to arbitration, the following procedure shall The party referring the grievance shall give notice, by registered mail, to the other party, indicating that it intends to refer the matter to arbitration, giving the name and address of its appointee to the arbitration board. Within school days after receipt of such notice, the other party shall respond by indicating the name and address of its appointee to the arbitration board. The two appointees so selected shall, within school days after receipt of notice of the appointment of the second of them, appoint a third person who shall be the chairperson of the arbitration board. If either party fails to name an appointee, or if the two appointees fail to agree upon a within the time limits, the appointment may be made by the Minister of Labour (or other appropriate body) upon request of either party. The arbitration board is to be governed by the following provisions: The arbitration board shall hear and determine the subject of the grievance and shall issue a decision which is final and binding upon the Union shall give parties and upon any employee affected by it. The decision of a majority is the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days decision of the date arbitration board but, if there is no majority, the Company received decision of the Union’s replychairperson The board shall not have the power to alter or amend any of the provisions of this agreement. The Union arbitration board shall have jurisdiction to whether a is arbitrable. Each of the parties shall bear the expense of its appointee and the parties shall jointly share expenses of the chairperson. The parties may,by mutual consent, agree on the appointment of a single arbitrator who shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise same powers and be subject to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to same limitations as an arbitration under this Article within twentyboard.
Appears in 1 contract
Samples: Collective Agreement
STEP. In If the event grievance remains unsettled at the Director conclusion of Human Resources or designate and Step the National Representative and Unit Chair are unable to reach a resolve in STEP either party Union may, by notice in writing given to the other, within twenty five (205) working days, submit the grievance to the Human Resources Manager, who shall within five (5) days after receipt, hold a meeting between the Union Grievance Committee (not to exceed three (3) in number) plus the Local Union President and the appropriate representatives of management in a final and binding arbitration. attempt to resolve the grievance, The notice field staff representative of the party referring Union and the matter to arbitration shall include the name of the proposed sole arbitrator, which is to may be mutually agreed uponpresent at this meeting if requested by either party. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice grievance is givennot resolved at that meeting, the Federal Minister of Labour Human Resources Manager shall be requested render a decision in writing to appoint the ArbitratorUnion within five (5) days after the meeting. The Company shall not be required to consider any grievance which is not presented within seven (7) days after the and the Union local shall each pay one-half first became aware of the remuneration and expenses alleged violation of the arbitratorAgreement. Neither party shall be obligated to pay any part If settlement of the cost grievance is not reached at Step then the may be referred to in writing by either party to arbitration as provided in Article Arbitration, at any time within (30) calendar days after the decision is received under Step When two (2) or more employees wish to file a grievance arising the same alleged violation of any stenographic transcript this Agreement, such grievancemay be handed as a grievance and presented to the Company beginning at Step of an arbitration hearing without its express consentthe Grievance Procedure. Arbitrator The arbitrator shall not be authorized Union or the Company have the right to alterinitiate a policy or a grievance of a general nature, modifybeginning at Step of the Grievance Procedure, or amend the and all provisions of this Agreement nor the Grievance and Arbitration shall apply to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidaysgrievances. The time limits imposed upon either party of any STEP provided in the Grievance Procedure this may be extended by mutual written agreement. A request for extension of agreement between the parties in If the time limit made prior to allowance, or any extension thereof, is not observed by the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply party who it is given to a grievance within alleged has violated the time limits specified, and no extension was agreed toAgreement, the Union or the Company, grievance will be considered as the case may be, shall be entitled to submit the grievance advanced to the next step in of this procedure, including arbitration. At any stage of the Grievance Procedure. Grievances involving Procedure including arbitration, parties may have the discharge or discipline of an employee may be submitted at STEP assistance of the grievance procedureconcerned and any necessary witnesses and relevant records. The Company shall All reasonable arrangements be made to permit the conferring parties, or the arbitrator, to have access to the right plant to file a grievance in writing signed by the Director of Human Resources or designate, view disputed operations and to confer with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentynecessary witnesses.
Appears in 1 contract
Samples: Collective Agreement
STEP. In Should the event employee be dissatisfied with the Director immediate supervisor’s disposition of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party complaint may, with the assistance of xxxxxxx, refer such a matter, on a written grievance form supplied by notice in writing given the Union, to the other, within twenty immediate supervisor no later than five (20) days, submit the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (205) working days once formal notice is given, from the Federal Minister date of Labour shall be requested to appoint the Arbitratorverbal reply from immediate supervisor. The Company and complaint shall constitute a formal grievance at Step The immediate supervisor shall answer the Union local grievance in writing within three (3) working days. The grievance shall each pay one-half contain a brief statement of the remuneration and expenses nature of the arbitrator. Neither party shall grievance, indicate the relief sought and be obligated to pay any part of signed by the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union employee or the Company, as employees involved. Should the case may be, shall employee be entitled to submit dissatisfied with the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP disposition of the grievance procedure. The Company shall have at Step the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article the Plant Manager who answer the grievance in writing within twenty five (205) working days. The grievance must be filed with the Plant Manager within five (5) working days of the date receipt of the Company received immediate supervisor’sreply at Step Should a meeting be required at Step the Union’s replyUnion xxxxxxx shall be in attendance. The Union If no settlement is reached at Step the Grievance Committee and representatives of management shall have the right to file a ‘policy’ grievance in writing with the Company meet within ten five (105) working days of when receipt of the circumstances giving rise reply of the Plant Manager to discuss the grievance. If the grievance were known is not settled within five (5) working days, it may be referred to arbitration as hereinafter provided. A Union Policy grievance or should reasonably have been known to an Employer grievance may be initiated beginning at Step of the UnionGrievance Procedure. Failing settlement, a meeting will Such grievance shall be held with the Union filed within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply incident giving rise to the grievance complaint and be in ten (10) working days following the meeting. Failing settlement, form prescribed in Step Any such grievance may be referred to arbitration under this Article O by either the Union in the case of a Union grievance or the Employer in the case of an Employer grievance. Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedures within twentythe time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedures may be extended by mutual agreement in writing between the Employer and the Union. No grievance may be submitted concerning the termination of employment of a probationary employee. Any grievance arising out of a temporary layoff shall commence as a Step grievance unless the Company advises that the layoff is permanent, at which time the layoff may be treated as a termination and proceed immediately to Step
Appears in 1 contract
Samples: Collective Agreement
STEP. In If the event Grievance of the Director of Human Resources or designate Union consider the grievance to be justified, the employee and the National Representative xxxxxxx first seek to settle the dispute with the employee's Failing satisfactory settlement within three (3) days after the dispute submitted under Step employee and Unit Chair are unable the xxxxxxx shall submit to the appropriate official of the (or designate) a written statement of the particulars of the grievance and the redress sought. The School Superintendent shall hold a meeting with the employee and the xxxxxxx within five (5) days after receipt of such notice and shall render a decision. Failing satisfactory settlement after the grievance is submitted under Step the Grievance Committee, after days, may submit to the Superintendent the of the grievance and the redress sought. A committee of three (3) Board Officials shall hold a meeting with the Grievance Committee within five (5) days after receipt of such notice. This composed of both the Grievance Committee and the Board's Committee shall endeavor to reach a resolve mutually satisfactory settlement. Failing agreement being reached in STEP either party may, by notice in writing given Step application may be made to the otherBoard, in writing, the Superintendent of Administrative five (5) days prior to the next regular Board meeting, stating the grievance concerned and a hearing shall be granted at the next regular meeting of the Board or a Committee designated by the Board, following application. Failing a satisfactory settlement within twenty five (205) daysdays after the dispute or a Committee of the Board, submit the Union may refer the grievance to final arbitration as provided in Clause at any time within twenty-one (21) days thereafter but not later. Arbitration shall be as provided in the current Labour Relations Act of Ontario. In arbitration proceedings, each party shall pay the expenses its appointee and binding arbitrationthe expenses and fees of the be shared equally by the parties. Where a grievance involving a question of general application or interpretation occurs, the Board or the Union on behalf of an may agree to by-pass Steps and of this Article. Grievances settled satisfactorily in Steps within the time allowed shall date from the time the grievance was first brought to the attention of the Principal. The notice of Board shall supply the party referring necessary for the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitratorgrievance meetings. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable fixed in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure arbitration may be extended by mutual written agreement. A request for extension consent of the time limit made parties to this Agreement. At any stage of grievance or arbitration procedure, the parties may have the assistance of the employee concerned and any other witnesses. The Board and the Union agree to exchange copies of letters, reports, written statements, charts or documents of any which will be presented to the Personnel and Organization Committee of the Board, with the exception of confidential documents. These materials are to be later than forty-eight (48) hours prior to the expiry commencement of such time limit the meeting of the Personnel and Organization Committee which will be reviewing the grievance. No grievance shall not be denied on an arbitrary basisconsidered more than ten after the grieving party could reasonably be expected to have aware of the circumstances giving rise to the complaint or grievance, but in any event no grievance shall be considered where the circumstances giving rise to it occurred more than sixty calendar days before the filing of the grievance. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as In the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee being discharged may be submitted at STEP of the grievance procedure. The Company shall have the right to file submit a grievance in writing signed in accordance with Step of the grievance within five (5) days after discharge. Where the Union desires to appeal against a new job or rate of pay which may be established by the Director of Human Resources or designateBoard, with the grievance shall be used commencing at Step Any grievance instituted by the Board shall be referred in writing to the Union within ten (10) working days of when the of the circumstances giving rise to the grievance were known or should reasonably have been known to and two representatives of the Company. A meeting will be held Union shall meet within five (5) thereafter with the Union Director of Education to consider the grievance. If final settlement of the grievance is not completed within ten (1015) days of such meeting the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred by either party to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance Arbitration as provided in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article Clause at any time within twenty-one (21) days thereafter but not later.
Appears in 1 contract
Samples: Collective Bargaining Agreement
STEP. In Failing satisfactory settlement at Step the event occasional teacher may, within school days of receiving the Step reply, refer the grievance to the Director of Human Resources Education. Within school days, the Director or designate shall convene a meeting with the occasional teacher, who may be accompanied by a union representative, and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit shall have school days for reply. Failing satisfactory settlement at Step the grievance may be referred to final and binding arbitration. The notice arbitration within school days of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory HolidaysStep reply. The time limits imposed upon either party of any STEP fixed in the Grievance Procedure this grievance procedure may be extended by mutual written consent of the parties to this agreement. A request for extension Where a grievance involves a question of general application or interpretation, the being the Union or the Board, may initiate the grievance at Step of the time limit made prior procedure, provided such action is initiated within school days after the became aware of the facts and circumstances giving rise to the expiry of such grievance. If there are several grievances covering similar matters, they may be heard or considered together as one grievance. Any grievance not initiated or processed by the within the time limit limits specified above shall not be denied on an arbitrary basisconsidered to be abandoned. Where no If a party fails to reply is given to a grievance within the time limits specified, and no extension was agreed toprovided, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days the next higher step in the grievance procedure. If the Board has a complaint with respect to the conduct of the date Union, it shall submit its grievance in accordance with the Company received provisions of Step except that the notice shall be to the President or other executive officer or the official representative of the Union’s reply. The Union shall have , Such a grievance must be filed within school days from the right to file a ‘policy’ grievance in writing with day the Company within ten (10) working days cause of when the circumstances giving rise to the grievance were known or should reasonably have been became known to the UnionBoard or within reasonable time when it ought to have become known. Failing settlementThe President, a meeting will be held with other executive officer or the official representative of the Union shall provide the answer to the Board within ten (10) working school days of receipt of the presentation complaint. ARTICLE ARBITRATION Where a grievance is to be referred to arbitration, the following procedure shall The party the grievance shall give notice, by registered mail, to the other party, indicating that it intends to refer the matter to arbitration, giving the name and address of its appointee to the arbitration board. Within school days after receipt of such notice, the other shall respond by indicating the name and address of its appointee to the arbitration board. The two appointees so selected shall, within days after receipt of notice of the appointment of the second of them, appoint a third person who shall be the chairperson of the arbitration board. If either party fails to name an appointee, or if the two appointees fail to agree upon a chairperson within the time limits, the appointment may be made by the Minister of Labour (or other appropriate body) upon request of either party. The arbitration board is to be governed by the following provisions: The arbitration board hear and determine the subject of the grievance and shall issue a decision which is final and binding upon the Company parties and any employee affected by it. The decision of a majority is the decision of the arbitration board but, if there is no majority, the decision of the chairperson governs. The board shall give not have the Union power to alter or amend any of the provisions of this agreement. The arbitration board shall have jurisdiction to determine whether a grievance is arbitrable. Each of the parties shall bear the expense of its written reply appointee and the parties shall jointly share expenses of the chairperson. The parties may, by mutual consent, agree on the appointment of a single who shall have the same powers and be subject to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to same limitations as an arbitration under this Article within twentyboard.
Appears in 1 contract
Samples: Collective Agreement
STEP. The employee shall take the matter up with immediate Team (or their designate). The employee may have the assistance of a member of the Association Executive or a Shop Xxxxxxx. If the matter is not settled by the immediate Team (or their designate) within working days from the date on which it was taken up with the Executive of the Association may investigatethe employee’s grievance. In order to pursue it further, the event grievance will be put in writing and be signed by the employee concerned by the Executive of the Association. The grievance shall contain a statement of the facts complained of and the adjustment requested. A member of the Association Executive and the employee will meet with the Director (or their designate) and will render decision to the employee and the Association Executive within working days of receiving the written grievance. If the matter is not settled in Step the employee may within working days of the response, refer the grievance in writing to the Vice President and or representative shall meet with the employee and a member of the Association Executive to review the grievance and shall render a decision in writing to the employee and the Association Executive within working days. If matter is not settled in Step the employee may within working days refer the grievance to the Vice President of Human Resources and or designate representative meet with the employee, and a member of the Association Executive to review the grievance and shall render a decision in writing to the employee and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, Association Executive within twenty (20) working days, submit the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable decision to agree on the selection of an arbitrator grievance as set out in Step is not acceptable to the the Association may request the grievance proceed to arbitration at any time within twenty (20) working days once formal notice is givenfollowing the decision at Step The arbitrator be selected by agreement of the parties, or failing that, appointmentby the Federal Minister of Labour Labour. The decision reached by the arbitrator shall be requested binding on both parties to appoint the Arbitratorthis agreement. The Company and the Union local shall each pay one-half cost of the remuneration arbitrator and expenses of the arbitrator. Neither party shall facilities will be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstancessplit equally by both parties. Time Limits Any time limit mentioned under extensions to any step in the grievance procedure shall may be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon given at the request of either party and such requests not be arbitrarily or unreasonably withheld. A Group Grievance is a common grievance being filed by more than one employee and will automatically proceed to Step An Executive Grievance is a grievance tabled by the Association Executive and will automatically proceed Step A Management Grievance is a grievance tabled by Management and will automatically proceed to Step If an employee believes that has been dismissed just cause, the matter may be treated as a grievance commencing at Step of any STEP in the Grievance Procedure may be extended by mutual written agreementProcedures. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a Any special grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may must be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing lodged with the Company within ten (10) working days after the employee ceased to work for the Company. In the event an employee is dismissed or suspended, and later reinstated through the grievance procedure, the employee will not suffer a loss of pay, Company and Association seniority or benefits unless mutually agreed by the Company and the Association Executive. Employees shall have access their personnel records in the presence of a and may take copies of such. In the disciplinary process, only reprimands issued less than months apart will be referred to. After a month period of no reprimands, all previous reprimands will not be referred to in a subsequent disciplinary process. The Company utilizes a progressive disciplinary approach when dealing with reprimands. The Company shall proceed as follows: Oral warning Written warning; Suspension of days; Suspension of weeks Dismissal. In any action of a disciplinary nature the circumstances Employee will given a copy in writing of any such action and the Association will be provided with a copy, unless the Employee requests confidentiality in writing to Management. Acknowledgement receipt of such request will be provided to the Association immediately for its records. In a disciplinary meeting the Employee has the right to have an Association representative present at the meeting. The Employee be informed of such right at the beginning of the meeting. disciplinary action must be taken no later than five days after the incident giving rise to the grievance were known or should reasonably have been known discipline came to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days attention of the presentation Company, or five (5) days after the completion of any investigation into the grievance and incident conducted by the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyCompany.
Appears in 1 contract
Samples: Collective Agreement
STEP. In The aggrieved employee or his local representative shall present the event the Director of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice grievance in writing given to his immediate Supervisor within fourteen (14) calendar days following the othercause of the grievance. However, within twenty (20) days, submit the grievance to final and binding arbitrationoccurs aboard a vessel, the aforementioned fourteen (14) calendar days will not commence until the aggrieved employee has finished his tour of duty. The notice immediate Supervisor will render a decision writing within fourteen (14) calendar days following receipt of the party referring written grievance. The immediate Supervisor in this instance, for Deck employees, will be the matter to arbitration shall include Manager, Vessel Operations and for Engineroom employees, will be the name of the proposed sole arbitratorManager, which is to be mutually agreed uponVessel Maintenance and Engineering. If the parties are unable grievance is not settled at Step the local or regional representative of the Union may appeal the decision writing, giving his reasons for appeal to agree the Chief Operating Officer within forty-five (45) calender days following receipt of the decision rendered Step The will render a decision in writing, giving his reasons for the decision, within forty-five (45) calendar days following receipt of the appeal. Any grievance not progressed by the Union within the prescribed time limits shall be considered invalid and not be subject to further appeal. Where a decision on a grievance concerning the selection meaning or alleged violation of an arbitrator any one or more of the provisions of the collective Agreement and which a wage involved, is not rendered by the appropriate Officer of the Company within twenty (20) working days once formal notice is giventhe prescribed limits, the Federal Minister of Labour claim shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator allowed as presented, but this shall not be authorized considered as a precedent or waiver of the contention of the Company as to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewithsimilar claims. Where a decision on an appeal against discipline imposed not rendered by the Arbitrator determines that a disciplinary penalty or discharge is excessiveappropriate Officer of the Company within the prescribed time limits, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance progressed to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty.
Appears in 1 contract
Samples: Collective Bargaining Agreement
STEP. In If the event decision of the Director of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given Chief Engineer is not satisfactory to the otherUnion, the matter may be referred to the General Manager within two working days. The General Manager shall, within twenty (20) days, submit the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) two working days following the day upon which they received the grievance, meet with the Union is an effort to satisfactorily resolve the issues in dispute. They shall give their written response to the grievance within two working days thereafter. If final settlement of the grievance is not reached within ten working days of such meeting. Failing settlement, such the grievance may be referred within ten working days, but not later, by either party to arbitration. Article, the Parties hereto may, in substitution for the above procedures, agree in writing to appoint one arbitrator satisfactory to both Parties. In such a case, this sole arbitration under this Article shall have the same jurisdiction, power and authority as has been given the Arbitration Board by the foregoing terms. Either party may file a Policy and/or Group Grievance by issuing notice to the other party (in writing) within twenty (20) five working days of learning of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances occurrence giving rise to said grievance outlining the cause and redress sought. Any such grievance will be filed directly with the General Manager and settled within five working days thereafter. Should satisfactory settlement not be made, the dissatisfied party may seek resolution through arbitration. Union Policy Grievances may not be substituted for individual grievances. Should the fail to process the grievance were known or should reasonably have been known within the times specified, the grievance shall thereupon become null and void and if the Commission shall fail to process the grievance within the times herein specified, the griever and/or the Union may forthwith apply for arbitration. The jurisdiction of the Board of Arbitration shall be limited to the Union. Failing settlementsettlement of all differences between the parties arising from the interpretation, a meeting will be held with the Union within ten (10) working days application, administration or alleged violation of the presentation Agreement, including any question as to whether a matter is All decisions shall be final and binding in the manner prescribed by the Labour Relations Act. Each party shall bear the expense of its nominee to the Arbitration Board and shall equally share the expenses of the Chairman. rules shall to lodge a grievance in the manner and the Company shall give the Union its written reply to the grievance extent herein provided. The employer may dismiss a probationary employee for any reason provided it does not act in ten (10) working days following bad faith and this shall constitute a lesser standard for purposes of section of the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyLabour Relations Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
STEP. In The grievance shall be submitted to the event Associate Director, Corporate Services. The Associate Director, Corporate Services shall reply in writing within five (5) days after receipt of the Grievance. Failing settlement being reached in Step the Union Grievance Committee, within ten days of the reply of the Associate Director, Corporate Services in Step above, but not thereafter, shall present the Grievance to the Director of Human Resources or designate and Education at a meeting requested for that purpose. The griever shall have the National Representative and Unit Chair are unable right to reach a resolve in STEP either party may, by notice be present at the meeting. The Director of Education shall reply in writing given to within ten days of the other, meeting. Failing satisfaction with such reply the Union may within twenty (20) days, days of the receipt of the reply in Step but not thereafter refer the Grievance to Arbitration. Arbitration The party desiring arbitration shall notify the other party in writing of its desire to submit the grievance to final and binding arbitration. The notice of the party referring the matter difference or allegation to arbitration and the notice shall include contain the name of the proposed sole arbitratorfirst party‘s appointeeto an Board. The recipientof the notice shall, which is to within five (5) days, inform the other party of the name of its appointeeto the Arbitration Board. The two appointees so selected, shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be mutually agreed uponthe Chair. If the parties are unable recipient of the notice fails to appoint an Appointee or if the two appointees fail to agree on upon a Chair within five (5) days, the selection appointment shall be made by the Minister of an arbitrator Labour upon the request of either party. The Arbitration Board shall hear pertinent representationby the parties representativesand determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee or the Board affected by it. The decision of a majority is the decision of the Arbitration Board, but, if there is no majority, the decision of the Chair governs. The Arbitration Board, shall not, by its decision, add to, delete from, modify or otherwise amend the provisions of the Agreement. Where a dispute involving a question of general applicationor interpretation of the terms of this Agreement arises, the Union may file a Grievance at Step of the Grievance Procedure provided such grievance must be initiated within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving Union became or ought reasonably to have become aware of the occurrence which gave rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s replycomplaint. The Union shall have the right to file a ‘policy’ present grievance in writing with writing, specify the Company within ten (10) working days Article or Articles of when the circumstances giving rise Agreement alleged to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance violated and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyrelief sought.
Appears in 1 contract
Samples: Collective Agreement
STEP. In Failing settlement under the event foregoing procedure of any grievance between the Director parties arising from the interpretation, application, administration or alleged violation of Human Resources this Agreement, including any question as to whether a matter is such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within fifteen days after the decision under Step is given, the grievance shall be deemed to have been abandoned. Where no written answer has been given within the time limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration No adjustment effected under the grievance or designate arbitration procedure shall be made retroactive prior to the date that the grievance was formally discussed or presented to the Company or. if applicable, the date of the alleged violation, providing it does not exceed the time limits set out in Section above. An employee who has not completed his/her probationary period may be discharged or disciplined for any reason satisfactory to the company and such discipline or discharge shall not be the National Representative and Unit Chair are unable to reach subject matter of a resolve in STEP grievance. When either party mayrequests that any matter be submitted to arbitration as provided in the foregoing Article, by notice it shall make such request in writing given addressed to the otherother party to this Agreement, and at the same time appoint a nominee. Within days thereafter the other party shall appoint its nominee; provided, however, that if such party fails to appoint a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees so appointed shall, within twenty (20) days, submit the grievance to final and binding arbitration. The notice five days of the party referring the matter to arbitration shall include the name nomination of the proposed sole arbitratorlatter of them, which is attempt to select by agreement a third person to be mutually agreed upona member and chairman of the arbitration board. If the parties they are unable to agree on upon such a chairman, they may then request the selection Ministry of Labour to appoint a chairman. No person may be appointed as an arbitrator within twenty (20) working days once formal notice is given, who has been involved in an attempt to negotiate or settle the Federal Minister of Labour shall be requested to appoint the Arbitratorgrievance. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee No matter may be submitted at STEP to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The Company Arbitration Board shall have not be to make any decision inconsistent with the right provisions of this Agreement, nor to file a grievance in writing signed alter, modify, add or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the Director parties hereto and the decision of Human Resources the majority and, where there is no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or designateemployees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the expenses, if any, of the chairman of the Arbitration Board. Notwithstanding the foregoing, the parties may agree that any matter submitted by either of them to arbitration shall be dealt with by a single arbitrator. The parties shall attempt to agree upon a chairman and failing agreement either party may then request the Union within ten (10) days Ministry of when Labour to appoint a chairman. Where the circumstances giving rise matter is to be heard by a single arbitrator, the foregoing provisions shall be modified to the grievance were known or should reasonably have been known extent necessary to reflect the Company. A meeting will be held with the Union within ten (10) days resolution of the presentation of dispute by a single arbitrator. The parties acknowledge that the time limits set out in both the grievance and the Union arbitration procedures must be strictly complied with except by written agreement to extend them and failure to so comply shall give the Company its written reply to result in the grievance in ten (10) working days following being deemed to have been abandoned notwithstanding the meetingprovisions of Section of the Labour Relations Act. Failing settlementSeniority, such grievance may be as referred to arbitration under in this Article within twenty (20) working days Agreement, shall mean length of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing continuous service with the Company within ten (10) working days since the last date of when hire. All employees shall be on probation for a period of three continuous months of active employment. On completion of the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting probationary period he/she will be held credited with the Union within ten (10) working days seniority from date of the presentation hire. It is understood and agreed that consecutive months of the grievance and continuous active employment shall not be broken by short term leaves of absence granted by the Company or short term absences caused by bona fide illness or injury. In the case of part time employees, the probationary period shall give mean a period of hours worked in any six month period. On the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlementcompletion of such probationary period, such grievance may part time employees shall then accumulate seniority on the basis of hours actually worked and for all purposes under the Collective Agreement hours worked shall be referred the equivalent of one year of full time seniority. Further accumulation of seniority for part time employees shall be on the basis of actual hours worked. An employee will have no seniority rights during his/her probationary period. An employee shall lose all seniority and shall be deemed to arbitration under this Article within twentyhave terminated
Appears in 1 contract
Samples: Collective Agreement
STEP. In If a satisfactory settlement is not obtained within forty-eight (48) hours after the matter has been discussed with the Department Head, in accordance with Step hereof, the xxxxxxx may submit the grievance, in writing, to the Union Bargaining & Grievance Com- mittee, with a copy to the Human Resources Manager. The Union Bargaining Grievance Committee may then discuss it with Man- agement at a time to be agreed upon. Grievances resulting from a suspension, or the termination of an employee, or arising directly between the Union and the Company, known as Union or Policy grievances, will be submitted at Step of the Grievance Procedure within sixty (60) calen- dar days of the event causing the Director of Human Resources grievance. All decisions arrived at, by agreement tween the Plant Manager, or designate their appointee, and the National Representative and Unit Chair are unable Union Bargaining & Grievance Committee, with respect to reach a resolve in STEP either party mayany grievance, by notice shall be made in writing given to the other, within twenty (20) days, submit the grievance to and shall be final and binding arbitration. The notice of upon the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union. the event that no agreement is reached, the Company will confirm its decision, in writing, to the Chief Xxxxxxx, by depositing it in the Union local mail box provided. Nothing in this Agreement shall each pay one-half be deemed to take away the right of an individual employee to present any personal grievance to the Company. While the employee may discuss a grievance with their supervisor at any time, a request for retroactive adjustment need not be enter- tained by the Company, unless the grievance is presented, in writing, within sixty (60) cal- endar days of the remuneration and expenses date of the arbitratorincident which gave rise to the grievance, or if more than fourteen (14) calendar days have elapsed from the time the employee receives a deci- sion in writing, at any step in the grievance procedure, to the time grievance is car- ried to the next higher step. Neither party Any grievance shall be obligated deemed to pay have been withdrawn if, after an answer has been given at any part step, more than fourteen (14) calendar days has elapsed before the grievance is car- ried to the next step. Within a period of thirty (30) days following the date of communication of the cost Company's written decision to the Union, any grievance, or other matter in dispute between the Com- pany and the Union involving the interpreta- tion, application, administration, or alleged violation of any stenographic transcript Article in this Agreement may, in the event of failure to reach agreement thereon, be referred by either party to arbitra- tion by an arbitration hearing without its express consentboard. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend in accordance with the procedure contained in Schedule of this Agreement. Either party may by-pass the provisions of this Agreement nor Article, and Schedule by referring a grievance to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessiveOntario Ministry of Labour for expedited arbitration, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure appropriate section of the Labour Relations' Act. The decision of the majority of the arbitration board on the matter at issue, or of the chair- person if there is no majority, shall be counted as working daysfinal and binding on both parties, excluding Saturdaysbut in no event shall the arbitration board have the power to add to, Sundays subtract from, alter, or amend this Agreement in any respect. Each party shall pay its own costs, and Statutory Holidaysthe fees and expenses of witnesses called by it and its representative. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension fees and ex- penses of the time limit made prior chairperson shall be shared equally between the parties. Vacations with pay shall be granted to the expiry all regular employees of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as in accor- dance with the case may be, following provisions: The vacation period shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP from May of the grievance procedurecurrent year to April 30th of the following year. The Company shall will approve the carrying over of a maxi- mum of two (2) weeks of vacation for employees with four (4) weeks or more of vacation and one week for employees with three (3) weeks of vacation at the rate they would have received for a period not to exceed one (1) year, provided the right to file a grievance in writing signed request is deemed reasonable and approved by the Director of Human Resources or designatesupervisor and authorized by area supervision, with the Union within ten if business conditions and operations permit. Vacations may not be carried over for more than one (101) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting year, and payment for these weeks will be held with made at the Union within ten (10) days rate the employee would have received during the qualifying period, by May 30th of each year. The Company agrees not to change the revised Rule Procedure on Va- cations during the term of this Collec- tive Agreement. Vacations will be computed from May of any year to April 30th of the presentation fol- lowing year. Employees with less than one (1) year's service on May shall receive vacation pay at the rate of of their earnings from their date of hire to April 30th. Employees with less than one (1) year's service prior to May shall be granted time off at the grievance and the Union shall give the Company its written reply rate of four (4) hours for every one hundred (100) hours of straight time service, up to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days a maximum of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentytwo
Appears in 1 contract
Samples: Collective Agreement
STEP. In The Xxxxxxx shall inform the event Committee Person of the Director response and the concern shall be reduced to writing by the Committee Person. This will be written on the form provided by the Company signed by the employee and shall then constitute a grievance. All grievances should identify, as far as possible, the article, clause or clauses of this agreement, or applicable legislation claimed to have been violated. The Shift Committee Person and if requested Xxxxx Xxxxxxx may present the grievance of the employee to the Operations Manager or designate within five (5) days after the receipt of the reply of the Supervisor or designate. At this stage the grievance shall be discussed between the on shift Committee Person, the Xxxxxxx if requested by either party and the Operations Manager or designate. The Operations Manager designate shall give a written response including an explanation of the decision rendered within seven (7) days of receipt of the grievance. Failing Settlement: The grievance shall be referred to the Human Resources or designate and department within seven (7) days by the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit the grievance to final and binding arbitrationChairperson. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour grievance shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed discussed by the Director of Human Resources or designate, with the Union within ten (10) days Senior Director of when Operations or designate, the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance Chairperson and the Union shall give shift committee The Local President, National representative, the Company its written reply Shift Xxxxxxx or if requested by either party to discuss the grievance in ten (10) working days following matter may attend the meeting. Failing settlementThe Employer or the Union may file a policy commencing at Step In the case of discharge, such a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within seven (7) days from the date of dismissal and shall commence at Step In any subsequent disposal of this case during the grievance procedure, the Employer may reinstate the employee, suspend the employee for a definite period, or sustain the discharge, if mutually agreed to by the parties to this Agreement. If an agreement cannot be reached the matter may be referred through the provisions of Article Should the grievance involve the alleged misinterpretation or violation of the Agreement of applicable government legislation, either party may be free to appeal to arbitration under this Article or within twenty thirty-one (2031) working days from the date of the date the Company received the Union’s replyStep response. The Union parties shall attempt to agree on a single arbitrator or If the parties agree on the arbitrator or the party requesting the referral shall then refer the grievance to the chosen party with a statement of the issue to be arbitrated upon by if requested. Notice of said referral and a copy of said statement shall be forwarded simultaneously to the other party. The decision of the arbitrator or shall be final and binding upon all parties involved. Upon any decision rendered by the arbitrator it is agreed that the Chairperson and the company representative will review the decision if requested by either The arbitrator or as the case may be, shall not have any jurisdiction to alter or modify any of the provisions of this Agreement, nor to substitute any new provision in lieu thereof, nor to make any decision inconsistent with the terms and provisions of this Agreement. I In determining any discharge or any other disciplinary grievance, the arbitrator or as the case may be, shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyauthority to:
Appears in 1 contract
Samples: Collective Agreement
STEP. In Failing satisfactory settlement at Step or failing receipt of a decision from the event Supervisor or his desig- nate, the employee and a member of the Associationmay submit the grievance to the Director of Human Resources or his designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of date upon which the grievance and the Union shall give the Company its written reply Supervisor or his designate issued or is required to the grievance in issue his answer. Within ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date of receipt of the Company received grievance at this step the Union’s reply. The Union Directorof Human Resources or his designateshall meet and discuss the matter with the employee or the employee and a member of the Association and shall have advise the right to file a ‘policy’ grievance employeeand the Association in writing with the Company of his decision within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Unionsuch meeting. Failing settlementsatisfactory settlement at Step or failing receipt of a decision from the Director of Human Resources or his designate, a meeting will be held with the Union employeemay within ten (10) working days of the presentation date upon which the Director of Human Resources or his designate issued or is required to issue his answer in writing, refer the written grievance and the Company shall give the Union its written reply to the grievance in Chief Superintendent of Schools or his designate. Within ten (10) working days following of receipt of the griev- ance at this step the Chief Superintendent of Schools or his designate will meet and discuss the matter with the employee or the employee and a member of the Association and shall advise the employee and the Association in writing of his decision within ten (10) days of such meeting. Failing settlementIn the case of the dismissal or suspension of an employee, such the grievanceshallbe presented in writing within ten (10)days of the date of the suspension or dismissal and shall be com- menced at Step of the Grievance Procedure and thereafter the time limits specified for the remaining steps shall apply. If the fails to process a grievanceto the next step within the time limits specified,the grievanceshall be deemed to have been abandoned and the shall not have further recourse through Article of this Agreement. The time limits above may beamended by written agree- ment of the parties. Division or Association grievances shall be initiated by the giving written notice to the other party within ten days of the date on which the party giving the notice becomes aware or ought to have become aware of the action or circumstancesgiving rise to the grievance. If the grievance is not settled to the mutual satisfaction of the parties within ten (10)days of receipt of the notice, the may refer it to arbitration. After a grievance has been presented in writing under Step of Article the Division or its representativesshall not attempt to settle the grievance either directly or indirectly with the aggrieved employee without the written consent of the Association. union representatives will be referred granted necessary time off with pay to arbitration under this Article within twentymeet the Division for the purpose of processing grievancessubject to a maximum cost to the Divi- sion of maintaining salariesfor two (2) employeesso engaged.
Appears in 1 contract
Samples: Collective Agreement
STEP. If the matter is not at Step the Xxxxxxx shall contact the Department Head at beginning or end of a work period to arrange a meeting with him at a mutually satisfactory time to discuss the grievance. The Department Head shall render a written decision within two working days of the meeting. In the event case of the Director Department Manager and Head being the same person, the grievance may proceed to Step Failing satisfactory adjustment at Step the grievance shall be presented to the General Manager or Chief Administrator of Human Resources Engineering, Construction and Stores (whichever is applicable) who may hear the case personally or designate delegate his authority. At this and subsequent steps of the National Representative and Unit Chair are unable Grievance Procedure, Union representation will be limited to reach a resolve three employees. The grieving employee need not be present throughout the hearing, but he shall be available in STEP either party may, by notice case his presence is required. A decision shall be given in writing given to the other, within twenty (20) days, submit the grievance to final and binding arbitration. The notice five working days of the party referring the matter to arbitration shall include the name of the proposed sole arbitratorhearing, which is to or such other time as may be mutually agreed uponupon at the time of the hearing. At this and subsequent steps, the Union may be assisted by an International Representative of the International Brotherhood of Electrical Workers. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice grievance is given, the Federal Minister of Labour not settled at Step it shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article the Commission at a regular or emergency meeting, which shall take place within twenty (20) working days of the date of the Company received request for the meeting, or at a time mutually agreeable to both parties. Up to two Union and the Business Manager shall present the case. The having the grievance need not be present, but shall be available in case his presence is required. The Commission shall render its decision in writing within five days of the hearing, provided all pertinent information and evidence is available at the time of the said hearing. A policy grievance originating with the Union or Commission will be submitted at Step of the Grievance Procedure. It is expressly understood, however, that the provisions of this paragraph may not be used to institute a complaint or grievance directly affecting an employee or employees, which such employee or employees could himself or themselves institute, and the regular Grievance Procedure shall not thereby be bypassed. Failure of an individual employee to file a grievance shall not be considered precedent setting. The Union's grievance will be presented to the General Manager and Chief Engineer or Chief Administrator, Engineering, Construction and Stores and the grievance will be processed as outlined in Step and Step of the Grievance Procedure. The Commission's grievance will be submitted to the Business Manager of the Union’s reply, and the time limits as outlined in Step will apply. If such grievance is not settled to the satisfaction of both parties, then it may be processed to arbitration. The Union shall have the right to file a ‘policy’ grievance in writing with the Company be notified within ten (10) three working days of when the circumstances giving rise to the grievance were known after any action that results in an employee being suspended, discharged, or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentylaid off.
Appears in 1 contract
Samples: Collective Agreement
STEP. In The Xxxxxxx shall meet with the event President of the Director Association, or delegate, within ten working days of Human Resources receipt of the grievance. Every effort shall be made to resolve the grievance. The Xxxxxxx shall provide a written response stating the disposition of the grievance within seven (7)working days of such meeting to the Faculty Association, with a copy to the The identity of the who file individual and group grievances shall be kept confidential by the Xxxxxxx, Heads, the Faculty Association and by those to whom it is necessary to communicate this information for the purposes of resolving said grievances. Any recommendationfor the resolution of a grievance by a Head or designate other member of the bargaining unit shall have no force and the National Representative effect unless and Unit Chair are unable to reach a resolve in STEP either party may, by notice until ratified in writing given to by the other, within twenty (20) days, submit the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union University Librarian or the Company, Law Librarian as the case may be. The University undertakes to supply to the President of the Association a current list of delegates authorized to act for the the University Librarian, the Law Librarian or the Xxxxxxx. Should the grievance against the University involve a decision at Step such grievance shall be entitled to submit commenced at Step 3; should the grievance against the University involve a decision at Step such grievance shall be commenced at Step 2; contemplated by clauses and of this Agreement shall proceed directly to arbitration. Should a grievance arise directly between the next step in University and the Grievance Procedure. Grievances involving the discharge or discipline of an employee may Association, such grievance shall be submitted commenced at STEP of the grievance procedure. Step The Company Association shall have the right to file a grievance in writing signed by bring on behalf of groups of members commencing at Step 3; the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union University shall have the right to file a ‘policy’ grievance bring against groups of members commencing at Step and against an individual member commencing at Step nothing in writing with the Company within ten (10) working days of when the circumstances giving rise this clause shall preclude informal discussion prior to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days lodging of the presentation of written grievance at Step Exclusionsfrom the Grievance Procedure The grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration procedures under this Article within twentyshall not be available for resolution of disputes exclusively concerned with: dismissal for just cause under Article of this Agreement; promotion, tenure and renewal of contract except as expressly provided in clauses and of this Agreement; financial exigency, except as expressly provided under Articles and of this Agreement. Arbitration
Appears in 1 contract
Samples: Collective Agreement
STEP. In the event the Director Any grievance of Human Resources or designate an employee shall be taken up betweensuch employee and the National Representative branch manager or his designated representative, or in the alternative, between the xxxxxxx and Unit Chair are unable the branch manager or his designated representative. Failing settlement under Step such grievance shall be taken up between the representative of the Local Union and the branch manager or his designated representative. Grievances at this step shall be in writing and signed by the employee. Failing settlement under Step such grievance and any question or dispute or controversy that is not of the kind that is subject to reach Steps and such as those presented by the Union as a whole or the Employer, shall be reduced to writing and taken up between the bargaining representative of the Union and the Employer's representative. Failing settlement under Step the matter shall be taken presentation to a board consisting of two (2) members selected by the Union and two (2) members selected by the Employer, which board may resolve in STEP the grievance by agreement and their decisions shall be final and binding. Failingsettlement under Step not later thanthirty (30) calendar days after presentation to the board, the matter may be referred by either party may, by notice in writing given to an agreed upon neutral arbitrator who will hear and decide the other, within twenty (20) days, submit the grievance to final and binding arbitrationcase. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable Failing to agree on the selection of an arbitrator within twenty (20) working days once formal notice is givena neutral arbitrator, the Federal Minister of Labour shall will be requested to appoint the Arbitratora neutral arbitrator. The Company arbitrator, so selected or appointed, shall have authority to adjust and settle the controversy submitted to him, but he shall be confined to the subject submitted for decision and may in no event, as part of any decision rendered therein, impose upon either party any obligation which has not been agreed upon by the parties under the terms of this Agreement or which may affect the reformation of this Agreement or any provisions thereof. The decision of the arbitrator shall be made in writing and shall be final, conclusive and binding on the parties to this Agreement. The single arbitrator shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the arbitrator. The expenses of the arbitrator shall be borne equally by the Employer and the Union. Simple letter of warning, i.e., disciplinary letters not involving suspension, copies of which shall be suppliedto the employee and the Union local shall each pay one-half may remain in an employee’s personnel file after one (1) year from the date of the remuneration and expenses of the arbitrator. Neither party shall their issue, but may not be obligated to pay any considered as part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines employee’s record after that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentydate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
STEP. In An employee or employees having a grievance shall first present it to the event immediate supervisor (except with a grievance regarding a job posting for a vacancy, in which case the grievance shall be presented to the supervisor of the Department in which the vacancy had occurred) and may be accompanied by the employee’sor employees’Xxxxxxx, and if requested by either party by the Chief Xxxxxxx. The immediate supervisor shall give an answer within forty-eight(48) hours. Where the employee’s or employees’ immediate Supervisor and the Department Head are one and the same individual, the grievance shall be commenced and presented at Step Failing settlement under Step within five (5) days of receipt of the answer of the immediate Supervisor under Step the employee or the employee's Xxxxxxx, and if requested by either party with the assistance of the Chief Xxxxxxx, shall present the grievance in writing to the Department Head who shall render a decision in writing within forty-eight (48) hours after the presentation of a grievance. Failing settlement under Step within five (5) days of receipt of the answer of the Department Head under Step the matter shall be taken up between the Grievance Committee and the Director of Human Resources Resources, or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit the grievance to final and binding arbitration. The notice such other representative of the party referring the matter to arbitration shall include the name Employer as may be designated for that purpose. A decision must be rendered within five (5) days of the proposed sole arbitrator, which is to that time or any longer period that may be mutually agreed upon. If the parties are unable to agree on the selection Failing settlement under Step within five (5) days of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half receipt of the remuneration and expenses answer of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources Resources, or designate, with representative under Step the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article by either party. If arbitration is to be invoked, a written request for arbitration must be given to the other party within twenty five (205) working days of after the date the Company received the Union’s reply. The Union grievance has been dealt with in Step An employee shall have the right to file Union representation at any stage of the grievance and arbitration procedures. Any time limits referred to in this Article within which any procedure required to be taken, or notice required to be given, shall be calculated exclusive of Saturdays, Sundays, Statutory Holidays and the aggrieved employee's scheduled days Such time limits may be extended by mutual agreement between the Employer and the Union. Where a ‘policy’ grievance differencearises between the Employer and the Union, such difference shall be reduced in writing and delivered to the other party. Delivery to the Union shall be effected if made upon the President of Service Employees' Union, Local and delivery to the Employer shall be effected if made upon the Director Resources or designate. The difference shall be dealt with at a meeting of the Company Director of Human Resources, or other designate of the employer, and the Chief Xxxxxxx and Union Representativeor Representatives to be held within ten five (105) days delivery, which meeting shall be deemed to be Step of the Grievance Procedure. The difference between the parties delivered by the Union must relate to matters of policy affecting the employees in the Bargaining Unit. The employer shall respond in writing within seven (7) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the such meeting. Failing settlement, such Grievances and replies to grievances shall be in writing at all times. A policy grievance may be referred to arbitration under this Article within twentymust have the words "Policy Grievance" written on it.
Appears in 1 contract
Samples: Collective Bargaining Agreement
STEP. In As an informal step, the event employee is encouraged to make an effort to resolve the Director of Human Resources grievance directly with the management person to whom Xx option, the employee may be accompanied by a Shop Xxxxxxx. A meeting between the parties at this step involve the employee, Shop Xxxxxxx or Union designate and the National Representative and Unit Chair are unable to reach Operations Manager or a resolve designated representative of the Collective Agreement Worldwide Canada (Spring) Windsor The Ernployer's representative must answer the grievance in STEP either party may, by notice in writing within ten (10) days of this meeting being held. A copy of the decision shall be given to the otherShop Xxxxxxx and the Union. If the cannot be settled at a level, the Union shall notify the Employer's North American in Garden City, New York by registered mail. The Employer's North American Regional office shall render its decision in writing within twenty (20) daysdays following the receipt of the grievance. Failing settlement, submit the grievance may be submitted to final and binding arbitration. The a single arbitrator by written notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal the date of the decision to Step The notice is givenof intent to under the provision contain the aggrieved party's suggestions as to a neutral person to act as an arbitrator. The other party must turn propose a neutral person to act as an arbitrator. Should either party fail to propose an arbitrator or should the to agree on an arbitrator, either party may request the Federal Minister of Labour shall be requested to appoint make the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend appropriate appointment Grievance Mail
(a) Where the provisions of this Agreement nor the clause on submission of grievances cannot be complied with and it is necessary to make any decision inconsistent therewith. Where the Arbitrator determines that present a disciplinary penalty or discharge is excessivegrievance by mail, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working daysdeemed to have been presented on the day which it is postmarked, excluding Saturdaysand it be deemed to have been received by the Employer on the day it delivered to the appropriate officeof the Employer. Similarlythe Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the is postmarked, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of but the time limit made prior within which the Union may present the grievance at the higher level shall be calculated the date on which the Employer's reply was delivered to the expiry of such time limit shall not be denied address shown on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance form. It is understood that the postmark to in the above paragraph is subject to the next step limits as outlined in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty.
Appears in 1 contract
Samples: Collective Agreement
STEP. In The grievance shall be submitted to the event the Director of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice employee's immediate Supervisor. The immediate Supervisorshall reply in writing given to the other, within twenty (205) days, submit the grievance to final and binding arbitration. The notice days receipt of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed uponGrievance. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and Failing settlement being reached in Step the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alterGrievance Committee, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation reply of the grievance and immediate Supervisor in Step above, but not thereafter, shall present the Union Grievanceto the Director of Education or designate at a meeting requested for that purpose. The griever shall give have the Company its written right to be present at the meeting. The Director of Educationor designate shall reply to the grievance in writing within ten (10) working days following of the meeting. Failing settlement, with such grievance reply the Union may be referred to arbitration under this Article within twenty (20) working days of the date receipt of the Company received reply in Step but not thereafter refer the Union’s replyGrievance to Arbitration. Arbitration The party desiring arbitration shall the other party in writing of its desire to submit the difference or allegationto and the notice shall contain the name of the first party's appointee to an Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its appointee to the Arbitration Board. The two appointees selected, shall, within five (5) days of the of the second of them, appoint a third person who shall be the Chair. If the recipientof the notice fails to appoint an Appointee or if the two appointees fail to agree upon a Chair within five (5) days, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear pertinent representationby the parties representativesand determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee or the Board affected by it. The decision of a majority is the decision of the Arbitration Board, but, if there is no majority, the decision of the Chair governs. The Board, shall not, by its decision, add to, delete from, modify or otherwise amend the provisions of the Agreement. Where a dispute involving a question of general application or interpretationof the terms of this Agreement arises, the Union may file a Grievanceat Step of the Grievance Procedure provided such grievance must be initiated within twenty (20) days of when the Union became or ought reasonably to have become aware of the occurrence which gave rise to the complaint. The Union shall have the right to file a ‘policy’ present grievance in writing with specify the Company within ten (10) working days Article or Articles of when the circumstances giving rise Agreement alleged to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance violated and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyrelief sought.
Appears in 1 contract
Samples: Collective Agreement
STEP. In The Xxxxxxx shall inform the event Committee Person of the Director response and the concern shall be reduced to writing by the Committee Person. This will be written on the form provided by the Company signed by the employee and shall then constitute a grievance. All grievances should identify, as far as possible, the article, clause or clauses of this agreement, or applicable legislation claimed to have been violated. The Shift Committee Person and if requested Xxxxx Xxxxxxx may present the grievance of the employee to the Operations Manager or designate within five (5) days after the receipt of the reply of the Supervisor or designate. At this stage the grievance shall be discussed between the on shift Committee Person, the Xxxxxxx if requested by either party and the Operations Manager or designate. The Operations Manager designate shall give a written response including an explanation of the decision rendered within seven (7) days of receipt of the grievance. Failing Settlement: The grievance shall be referred to the Human Resources or designate and department within seven (7) days by the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit the grievance to final and binding arbitrationChairperson. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour grievance shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed discussed by the Director of Human Resources or designate, with the Union within ten (10) days Senior Director of when Operations or designate, the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance Chairperson and the Union shall give shift committee The Local President, National representative, the Company its written reply Shift Xxxxxxx or if requested by either party to discuss the grievance in ten (10) working days following matter may attend the meeting. Failing settlementThe Employer or the Union may file a policy commencing at Step In the case of discharge, such a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within seven (7) days from the date of dismissal and shall commence at Step In any subsequent disposal of this case during the grievance procedure, the Employer may reinstate the employee, suspend the employee for a definite period, or sustain the discharge, if mutually agreed to by the parties to this Agreement. If an agreement cannot be reached the matter may be referred through the provisions of Article Should the grievance involve the alleged misinterpretation or violation of the Agreement of applicable government legislation, either party may be free to appeal to arbitration under this Article or within twenty thirty-one (2031) working days from the date of the date the Company received the Union’s replyStep response. The Union parties shall attempt to agree on a single arbitrator or If the parties agree on the arbitrator or the party requesting the referral shall then refer the grievance to the chosen party with a statement of the issue to be arbitrated upon by if requested. Notice of said referral and a copy of said statement shall be forwarded simultaneously to the other party. The decision of the arbitrator or shall be final and binding upon all parties involved. Upon any decision rendered by the arbitrator it is agreed that the Chairperson and the company representative will review the decision if requested by either The arbitrator or as the case may be, shall not have any jurisdiction to alter or modify any of the provisions of this Agreement, nor to substitute any new provision in lieu thereof, nor to make any decision inconsistent with the terms and provisions of this Agreement. In determining any discharge or any other disciplinary grievance, the arbitrator or as the case may be, shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyauthority to:
Appears in 1 contract
Samples: Collective Agreement
STEP. If the grievance is not settled in Steps I and employee must then, accompanied by his Xxxxxxx, and an official of the Union, arrange a conference with the General Manager or his designate, and such conference to be held within ten (10) days, Saturdays, and General Holidays excepted, of the meeting as provided for in Step time limit may be extended further upon mutual agreement between the Company and the Union. It is further agreed that grievance going to Step of Grievance Procedure shall be submitted in writing to the Branch Manager at the time of the conference so provided in Step It is understood that a grievance arising from suspension or discharge will commence with Step of the Grievance Procedure and a conference so provided shall be arranged within five (5) days, Saturdays, Sundays and General Holidays excepted, of such suspension or discharge. In the event that a grievance is not settled through the Director of Human Resources or designate and above procedure, the National Representative and Unit Chair are unable party registering the grievance may refer the grievance to reach a resolve in STEP either party mayArbitration. In so doing, by notice the request to refer the matter to Arbitration must be submitted in writing given to the other, within twenty other party no (205) days, submit Saturdays, Sundays and General Holidays excepted, following the meeting as provided for in Step It is further agreed that in the event the Company has a grievance the Company shall arrange a meeting with an official of the Union within five (5) days, Saturdays, Sundays and General Holidays excepted, from the time that the complaint arose, and shall, if necessary, follow through with a request for arbitration in the manner described above. If the Company and the Union can agree on a person to be appointed as a sole arbitrator within ten (1O) working days of the receipt by the one party of the request to refer the grievance to final arbitration, then person shall be so appointed and binding arbitrationthe Company and the Union will jointly bear the expense of such sole arbitrator. If the Company and the Union cannot agree on a person to be appointed as a sole arbitrator, then the party registering the grievance may refer the grievance to a Board of Arbitration by submitting a written request to so refer the matter no later than five (5) working days after the tenth (10th) work day referred to in the previous paragraph. The Board of Arbitration shall consist of three (3) persons; one (1) to be an appointee of the Company and one (1) to be an appointee of the Union, and third, who shall be Chairman, shall be selected by the two (2) so appointed. The notice requesting establishment of the party referring the matter a Board of Arbitration to arbitration shall include deal with a grievance contain the name of the proposed sole arbitratornominee of the party giving notice, which is party receiving notice shall, within five (5) days of receipt of such notice, Saturdays, Sundays and General excepted, advise the party giving the writing, as to be mutually agreed uponthe name of its nominee. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal party giving the notice may apply to the Minister of Labour for the Government of Canada shall, under Canada Labour Code, appoint the It shall then be the responsibility of the two (2) nominees so appointed to, within seven (7) days, agree upon a Chairman and in the event that nominees fail to reach agreement as to the name of a it shall be requested the responsibility of the the original notice to ask the Minister of Labour for the Government of Canada to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyChairman.
Appears in 1 contract
Samples: Change of Address Notification
STEP. In if an employee has a grievance the event employee shall first and immediately within the Director ten (10) working days referred to in submit the grievance in writing, to the Supervisor of Plant Operations and Facilities Maintenance. The Supervisor of Plant Operations and Facilities Maintenance or designate shall then investigate the grievance and will have a joint meeting with the individual the Field Supervisor and appropriate xxxxxxx or Union representative. The Supervisor of Plant Operations and Facilities Maintenance shall render a decision in writing to the Secretary of the Union and Chief Xxxxxxx within seven (7) working days. The next step of the grievance procedure may be taken within seven (7) working days of the Supervisor of Plant Operations and Facilities Maintenance giving written decision, but not thereafter. The written grievance herein referred to shall be in triplicate upon the grievance form which is annexed hereto as Schedule to this Agreement and such written grievance shall be signed by the grieving employee and be fully completed in all respects. If the grievance is not settled up to this point, the grievance committee shall, within seven (7) working days after the decision of the Supervisor of Plant Operations and Facilities Maintenance under Step refer the written grievance to the Executive Officer of Human Resources or designate. The Executive Officer of Human Resources or designate shall then investigate the grievance and shall meet with the Union Grievance Committee within fifteen (15) working days after receipt of the written grievance. At such meeting the Board or the Union may have such additional representation present as each party desires, and the National Representative or concerned may be required to be present at the request of either party. The Executive Officer of Human Resources shall render a decision in writing to the Secretary of the Union and Unit Chair are unable Chief Xxxxxxx within seven (7) working days. If the grievance is not settled up to reach this point, the grievance committee shall, within seven (7) working days after the decision of the Executive Officer of Human Resources under Step refer the written grievance to the Director of Education or designate. The Director of Education or designate shall then investigate the grievance and shall meet with the Union Grievance Committee as soon as possible but not later than two (2) weeks thereafter to attempt to settle the grievance. At such meeting the Board or the Union may have such additional representatives present as each party desires, and the or concerned may be required to be present at the request of either party. The Director of Education shall render a resolve decision in writing to the Secretary of the Union and Chief Xxxxxxx within seven (7) working days of the holding of the meeting. If the grievance is not settled at STEP and if mutually agreed by the Board and the Union, the grievance can proceed to a mediation process. The costs of the process will be shared equally by the parties. If final settlement of the grievance is not completed at Step above, it may be referred by either party may, by notice in writing given to a Board of Arbitration as hereinafter provided within thirty (30) days from the other, within twenty (20) days, submit Director of Education's or designate's decision at Step above. The party referring the grievance to final and binding arbitrationarbitration shall be restricted to the issue contained in the written grievance. The notice written grievance be signed by the and shall contain a summary of all issues in dispute and of the party referring remedy requested by the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure case of a Union policy grievance or Board grievance such grievance may be extended by mutual written agreement. A request for extension of the time limit made prior submitted to the expiry Director of such time limit shall not be denied on an arbitrary basis. Where no reply is given Education or to a grievance within the time limits specified, and no extension was agreed to, the Union or the CompanyUnion, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten seven (107) working days of when the circumstances giving rise to the grievance were known and shall commence with Step under the grievance procedure; however, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or should reasonably have been known grievance directly affecting an employee or employees which such employee or employees could institute, and the regular grievance procedure shall not thereby be bypassed. In the event of any alleged violation of the "No Strike or Lockout" Article hereof, the aggrieved party may cause the matter to be submitted to special arbitration and a special arbitrator may be appointed and shall hold a hearing or twenty-four (24)hours of being appointed. if the Companyparties are unable to agree upon an arbitrator who is available to hold a hearing immediately or within twenty-four (24) hours, the may request the Minister of Labour for the Province of Ontario to appoint an arbitrator. A meeting will be held Failure to put a grievance in writing in Step in accordance with the Union within ten (10) days requirements of the presentation Article hereof, shall be deemed a complete waiver and abandonment of the grievance and by the Union shall give Any grievance not appealed from one step of the Company its written reply grievance procedure to the next within the specified time limits as prescribed above shall be considered settled on the basis of the Boards last reply. If the respondent to a grievance in ten (10) working days following does not comply with the meetingtime limits set out for meetings and/or replies to a grievance, the party having carriage of the grievance shall process the grievance to the next higher step within the time required after expiration of the time for the respondent to hold a meeting or give a reply, as the case may be. Failing settlement, such grievance Time limits may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance extended only where mutually agreed upon in writing with between the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to Board and the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation A decision reached at any stage of the grievance procedure above outlined 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 mutual agreement. if the grievance is settled at Steps or of the grievance procedure both the Board's and the Company Union's representatives who pass on the same as provided herein, shall give sign the Union its settlement as endorsed on the written reply grievance, so that no question or argument may arise as to what the grievance settlement was. in ten (10) working days following addition, the meeting. Failing settlementaggrieved employee shall sign the settlement as so endorsed on the written grievance, such grievance may be referred to arbitration under this Article within twentyacknowledging that the employee has read and understood the same and is bound thereby.
Appears in 1 contract
Samples: Collective Agreement
STEP. In If the event dispute or grievance is not satisfactorily settled by Step then the Director dispute or grievance may be reduced to and presented, five (5) days of Human Resources the answer at Step to the next appropriate management level. The recipient shall render a decision in writing stating the reasons therefore, within five (5) working days of receipt. If such dispute or designate and grievance is not satisfactorily settled by Step then the National Representative and Unit Chair are unable to reach a resolve in STEP either party dispute or grievance may, by notice in writing given to the other, within twenty an additional two (202) days, submit be further presented in writing to the Vice President, Operations or his representative. A conference shall be held within ten (10) working days from receipt of the grievance between the grievance committee of the Union, and a management grievance committee. A decision in writing shall be rendered within five (5) working days of the conference. If such dispute or grievance is not satisfactorily settled by Step within an additional five (5) working days, then the dispute or grievance shall be submitted to final and binding arbitrationarbitration if either the Union or the Company so requests in writing within an additional thirty (30) days. If such request for arbitration is made, then the arbitration shall proceed before a single arbitrator in accordance with ARTICLE hereof. Such written request shall propose three (3) potential arbitrators. An employee has the right to be represented by a Union Xxxxxxx at all steps of the grievance procedure, The employee involved in the particular dispute or grievance may be present at Steps or at the arbitration only at the request of either the Company or the Union. Every dispute or grievance shall be conclusively deemed abandoned unless the grievance procedure set forth above is timely followed, it being understood that the time limits set forth above are of the essence. The notice Union or the Company may initiate a grievance in writing at Step of the party referring grievance procedure. Such grievance shall be a policy grievance in connection with the matter to arbitration shall include the name administration, interpretation, alleged violation, or application of this agreement. The limits set out in this ARTICLE may be extended only by mutual agreement of the proposed sole arbitrator, parties. The parties agree that the directions of the Company which are the subject of a dispute or grievance shall be complied with pending the processing and arbitration of such dispute or grievance. An employee summoned for a meeting will be told if the meeting is to be mutually agreed uponfor disciplinary reasons. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is givenso, or if a discussion evolves into a meeting, the Federal Minister supervisor shall inform the employee of Labour shall be requested their right to appoint request the Arbitratorpresence of x xxxxxxx. The Company shall bave the full and exclusive management of its plant and business and the Union local shall each pay one-half direction of the remuneration and expenses force (without limiting the generality of the arbitrator. Neither party shall be obligated foregoing but subject to pay any part seniority and grievance provisions in cases of lay-offs, promotions, demotions, disciplinary actions and discharges or transfers, permanent or temporary) the right to establish rules and regulations governing the conduct of employees on company time or company property, and all matters relating to size and personnel of the cost of working force, work schedules, promotion and the right to hire, suspend, lay off, and to discharge, discipline or demote for just cause, and the right to change (temporarily or permanently) an employee or employees from one position to another, including the transfer from one department to another, and also including all matters relating to operations, and the right to suspend operations in whole or in part for any stenographic transcript of an arbitration hearing without its express consentperiod. Arbitrator The arbitrator shall Company agrees that these functions will be exercised in a manner not be authorized to alter, modify, or amend inconsistent with the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file retire employees under the pension plans referred to herein whenever an employee is eligible for retirement thereunder, and upon such retirement under such pians the employee in question shall cease to work for the Company and such cessation shall not be deemed a discharge which is the subject of a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration arbitrable under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyagreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
STEP. In the event the Director of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit the The employee shall take up their grievance to final and binding arbitrationwith their immediate supervisor. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file be accompanied by a Shop Xxxxxxx. The Employer shall take up his grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union employee involved who shall have the right to file a ‘policy’ be accompanied by his Shop Xxxxxxx. The responding party shall respond in writing within ten working days from the time the other party presented the grievance in writing failing which the grievance may proceed to Step Should a solution not be reached in Step then a representative of the Union, accompanied by the employee and the Shop Xxxxxxx, if the Union wishes, shall discuss the matter with the Company manager or his designate. Notwithstanding the above, the Union may invoke the grievance procedure at Step as the grieving party on behalf of the Union or and CAW Local on behalf of any employee or employees concerned. If the Employer claims a violation of this Agreement, an authorized agent of the Employer may also invoke the grievance procedure at Step The responding party shall respond in writing within ten (10) working days of when from the circumstances giving rise time the parties meet to discuss the matter failing which the grievance were known or should reasonably have been known may proceed to Step Failing settlement of the Union. Failing settlement, a meeting will be held with dispute at the stage where the Union Representative and the manager meet, as set out above, the matter shall be taken to Arbitration as set out herein. It is understood the authorized agent of the Union is the President of the local Union or designate; and the authorized agent of the Employer is the Branch Manager or designate. Step Arbitration Board The party desiring arbitration shall refer the matter to arbitration within ten (10) working days of the presentation Stage response or expiration of the Stage response period failing which the grievance is abandoned and all rights under the Company grievance procedure are lost. The party desiring arbitration shall give appoint a member for the Union Board and shall notify the other party in writing of its written reply appointment. The party receiving the notice shall within ten working days thereafter, appoint a member for the Board and notify the other party of its appointment. The failure of the second party to make their appointment within the ten working days, as herein set out, the first party shall apply to the grievance in Labour Relations Board, to have the Labour Relations Board appoint such nominee for the second party. The arbitrators so appointed shall confer to select a third person to be Chairman and failing for ten (10) working days following from the meeting. Failing settlementappointment of the second of them to agree to a person willing to act, such grievance either of them may be referred apply to arbitration under this Article within twentythe Labour Relations Board to appoint a third member.
Appears in 1 contract
Samples: Collective Agreement
STEP. In If the event supervising Assistant Manager fails provide an answer to the Director grievance the time limits set forth in Step if answer is unsatisfactory to the then, the may request the assistance of Human Resources or designate a Union Xxxxxxx, and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) a further period of five days, submit the grievance to final and binding arbitrationthe Store Manager or the Store Manager’s designate. The notice Store Manager or the Store Manager’s designate shall hold a meeting between the Store Manager or the Store Manager’s designate, the Associate, the Union Xxxxxxx as applicable and a staff Representative of the party referring Union within a period of seven The decision of Store Manager or the matter to arbitration Store Manager’s designate shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator delivered in writing within twenty (20) five working days once formal notice is given, following date of such meeting. A grievance of a policy nature or group grievance may be initiated by the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and or the Union local shall each pay one-half at Step of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of omitting Step in such case the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) 10)working days of the date when the circumstances grieving party knew of the events giving rise to the grievance were known or should reasonably have been known to the Companygrievance. A meeting will be held with the Union within ten (10) days The provisions of Section of the presentation of Labour as amended, shall not apply to this Agreement. All time limits under this Agreement shall be mandatory unless the grievance and parties mutually agree in writing the Union shall give the Company its written reply to the grievance in ten (10) working days following the meetingtime limits may be waived. Failing settlementsettlement under Step of ?he Grievance Procedure, such the grievance may be referred to arbitration under by either party. To be entitled to invoke arbitration, a written request for arbitration must be given the other within ten after the grievance has been dealt with in Step '99 OF TO exhausting any grievance procedure established by this Article within twenty (20) working days of Agreement, either party may give notice to the date other that it wishes to submit the Company received the Union’s replymatter to arbitration. The Union shall have appoint a person to act as Arbitrator, if they are unable to agree upon the right to file a ‘policy’ grievance in writing with appointment of an Arbitrator within days after the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation referral of the grievance to then an Arbitrator shall be appointed by the Office Arbitration of the Ministry of Labour at the request of either party. The Arbitrator shall hear and determine the grievance and issue a written decision. parties shall share equally the COST of the services of the Arbitrator The Arbitrator shall not be authorized to make any decisions inconsistent with the provisions of this Collective Agreement and shall not deal any matter nor covered by this Collective Agreement and shall not alter, modify or amend any part of this Collective Agreement. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. The proceedings of the arbitration will be expedited by the parties and the Company shall give decision of Arbitrator will be final and binding upon the Union its written reply to parties and the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyAssociate or Associates concerned.
Appears in 1 contract
Samples: Collective Bargaining Agreement
STEP. In the event that the Director representatives of Human Resources or designate the Company and the National Representative and Unit Chair are unable to Union cannot reach a resolve in STEP an agreement, either party may, by notice registered mail within thirty (30) days of the meeting described in writing given to the other, within twenty (20) days, Step submit the grievance dispute to final and binding arbitration. The notice of the party referring the matter to arbitration shall include within ten (10) calendar days select in rotation the name following panel of individuals, a single arbitrator: Xxxx Xxxxxxx If after making all reasonable efforts to select an arbitrator within the proposed sole arbitratorherein set out, which the party responsible for the selection is unable to find an arbitrator able or willing to act, such time will be mutually agreed uponextended to a length of required to obtain the services of an arbitrator from the panel. If the person selected in accordance with the above is unable to hear the grievance and render an award within two (2) from the date they have been notified by the parties to act as arbitrator, the other persons shall be requested each in their turn to act as arbitrator to hear the grievance and render an award within the same time limits. If all the persons in the list contained herein are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is givenact, the Federal parties shall forthwith request the Minister of Labour shall be requested to appoint the Arbitratorarbitrator who shall be subject to the provisions of this Article. The cost and/or expenses of such arbitration shall be borne equally by the Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitratorUnion. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized have the power to alterchange, modify, extend or amend the provisions of this Agreement nor to make any decision inconsistent therewithAgreement. Where In the Arbitrator determines that case of a disciplinary penalty grievance or a discharge is excessive, it may substitute such other penalty for grievance under Article the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company arbitrator shall have the right power to file a grievance return the to their employee status with or without restoration of back pay, or mitigate the penalty as equity suggests under the facts. If either party considers that this Agreement is being violated in writing signed any respect by the Director of Human Resources or designateother, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance this party may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to becoming aware of such violation, file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and subsequently cause the Company shall give matter to be discussed and dealt with in accordance with Article Step If not satisfactorily settled, either party may refer the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred matter to arbitration under this as provided in Article within twentyStep Groups for the purpose of wage classifications shall be as follows: Studio Crew, Reception, Promotion Assistant. Operator. Video Graphic Artist, Operator. Lighting Director, Studio Switcher, Technical Director, Camera, Production Editor, News Editor. Photo-Journalist.
Appears in 1 contract
Samples: Collective Agreement
STEP. In If matter not then within ten ('IO} calendar days, excluding weekends and holidays, of the event the Director of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is givenManager Personnel Manager reply, the Federal Minister of Labour shall UnionRepresentativemay request a meeting General Manager designate. In such case, the meetingshall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half and Union Xxxxxxx involved as possible, but not than two (2) weeks Company receivesnotificationfrom Union that such meeting is desired. is not disposed of the remuneration at such and expenses of the arbitrator. Neither party shall be obligated if Union wishes to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized proceed to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed toarbitration, the Union or the Companyshall, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10IO) days of the presentation xxxx of such meeting. thereafter, deliver to !he Company a notice in writing slating it wishes lo take to arbitration. of the grievance is not readied at and if grievance one which concerns the Union shall give interpretationor alleged the Company its written reply to Agreement, the grievance be in either to arbitration as provided for in Article below at any lime within ten calendar days after decision is given under No. A claim by an other a employee has been unjustly discharged shall be treated as a grievance if a of such is General Manager or designate within (10) working days following calendar after the meetingceases lo for Company. Failing settlement, such special grievance may be referred settled by: action to arbitration under this Article within twenty (20) working days discharge or suspend the employee; or employee seniority and for and benefits; or any other arrangement, which in the opinionof conferring parties, or is just and equitable. All employees in bargaining and employees enter bargaining unit shall be provided a list of Company Rules and Regulations is attached hereto as Schedule and is part of Collective Agreement. It is understood agreed an employee who has completed his od may be discharged at and exclusive employee shall be given fordismissalinwriting and Union shall be provided With a copy of the date the letter of electionby Company received the Union’s reply. The Union lo invoke discipline or a decision IO invoke specific penalty for any of above noted infractions shall have not be construedas or abandonmentof ils managementrights or the right to file al any other Invoke the specific penalty under Article Both parties lo Agreement agree any grievance alleged violalion or of this Agreement whichhas beenproperly carried through all grievance procedureoutlinedin and has been settled may be referred a ‘policy’ grievance in writing with the soie arbitralor a Board by agreement Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to and the Union. Failing settlement, a meeting will be held with the Union Where fail to agree upon an within ten five (105) working days, then of Labour shall appoint The arbitralor shall hear the evidence and render a as soon a5 possible, inlention being lo have a decision within seven (7) days of after the presentation of the grievance and the Company arbitrationboard hearing The decision arbitrator shall give the be binding on Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyand
Appears in 1 contract
Samples: Collective Agreement
STEP. In Failing settlement after the event grievance is submittedunderStep theGrievance after days, may submit to the Director Superintendent Negotiations designate) a written statement of Human Resources or designate the particulars grievance and the National Representative and Unit Chair are unable redress sought. A committee of three Board shall hold a meeting with the Grievance Committeewithinfive days receipt of such notice. Committee composed of both the Grievance Committeeand the Board’s Committee shall endeavor to reach a resolve settlement. Failing agreement in STEP either party mayStep applicationmay be made the Board, by notice in writing given writing, the Superintendent Services, five days prior to the othernext regular Board meeting, stating the and a hearing shallbe at the next of the Board or a Committee designated by the Board, following application. Failing a satisfactory settlement within twenty five (205) daysworking after the dispute is discussedby the Board,or a Committeeofthe Board,theUnion referthe grievance to arbitration as provided in Clause at time within twenty-one but not later. Arbitration be in the current Labour Act of Ontario. In arbitration proceedings, submit each shall pay the expenses of its appointee and the expenses and fees of the Chair shall be shared equally by the parties. Where a grievance involving a question of general application or occurs, the Board or the Union on behalfof an employee may agree to by-pass Steps and of this Article. Grievances settled Steps or within the allowed shall date from the time the grievance was first to final and binding arbitrationthe attention of the Principal. The notice Board shall supply the necessary facilities for The time the grievance and arbitration procedures may be by consent of the party referring the matter parties to arbitration shall include the name this At any stage of the proposed sole arbitratorgrievance or arbitration procedure, which is to be mutually agreed upon. If the parties are unable to agree on may have the selection assistance of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitratoremployee concerned and any other witnesses. The Company Board and the Union local shall each pay one-half agree to exchange copies of all letters, reports, charts or of any will be presented to the Personneland Committee of the remuneration and expenses Board,with the exception of the arbitrator. Neither party shall These are to be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made exchanged later than prior to the expiry commencementof themeeting of such time limit the Personnel and which will be reviewing the grievance. No grievance shall not be denied on an arbitrary basisconsidered more thanten grieving party expectedto have become aware of the circumstancesgiving rise to the complaint or grievance, but in any event grievance be considered where the S giving rise to it more than sixty calendar days before the of the grievance. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as In the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee being discharged may be submitted at STEP of the grievance procedure. The Company shall have the right to file submit a grievance in writing signed in accordancewith Step Where the Union desiresto appeal againsta new job classification or rate of pay which may be established by the Director of Human Resources or designateBoard, with the Union within ten (10) grievance procedure be used commencing at Step Any instituted by the Board shall be referred in writing the days of when the occurrence of the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days and two representatives of the presentation of the grievance and the Union shall give meet within five days with the Company its written reply Director of to consider the grievance in ten (10) working grievance. If settlement of the is not completed fifteen days following of such meeting the meeting. Failing settlement, such grievance may be referred by either to arbitration under this Article within twenty as provided Clause at any time twenty-one (2021) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentythereafter but not later.
Appears in 1 contract
Samples: Collective Bargaining Agreement
STEP. In The employee with the event assistance of a Union Xxxxxxx, if desired, must submit a written grievance, signed and dated by the Director employee, to her immediate supervisor. The immediate supervisor will deliver her decision in writing within ten calendar days following the day on which the written grievance was presented to her. Failing settlement, then : Within ten calendar days following the decision in Step the employee must submit the written grievance to the Senior Program Supervisor. Within ten calendar days of Human Resources or designate receipt of the grievance by the Senior Program Supervisor, unless extended by mutual agreement of the parties in writing, a meeting shall be held between the Association, an official of the Union, the and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice xxxxxxx at which time the grievance shall be discussed. The decision of the Association shall be given in writing given to within ten calendar days following this meeting. Either party, with the otheragreement of the other party, within twenty (20) days, may submit the a grievance to final and binding arbitration. The notice of Grievance Mediation at any time within ten days after the party referring Employer's decision has been rendered at the matter step prior to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewithArbitration. Where the Arbitrator determines that a disciplinary penalty or discharge matter is excessiveso referred, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all mediation process shall take place before the circumstancesreferred to Arbitration. Time Limits Any time limit mentioned under Grievance mediation will within twenty-one days of the grievance procedure shall be counted being submitted to mediation, or period as working days, excluding Saturdays, Sundays and Statutory Holidaysagreed by the parties. The time limits imposed upon either party of any STEP in the Grievance Procedure No matter may be extended by mutual written agreement. A request for extension of submitted to Grievance Mediation which has not been properly carried through the time limit made prior to grievance procedure, provided that the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within parties may extend the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step fixed in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company parties shall agree on a mediator Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the right authority to file meet separately with either party. If no settlement is reached within five days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance in writing signed which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be mediator referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s replyat Arbitration. The Union shall have and Employer will share the right cost of the Mediator. if any. Failing settlement under the foregoing procedure, either party may submit the matter to file a ‘policy’ grievance in writing with the Company arbitration within ten (10) working calendar days of when after the circumstances giving rise to decision under Step is given. If no written request for arbitration is received within such ten calendar day period, the grievance were known or should reasonably shall be deemed to have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyabandoned.
Appears in 1 contract
Samples: Collective Agreement
STEP. In Should the event employee be dissatisfied with the Director super- visor's disposition of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party complaint, he may, with the assistance of his committeeperson, refer such matter on a written grievance form supplied by notice the Employer to his supervisor who shall answer the grievance in writing given within three (3) working days. The complaint shall constitute a formal grievance at Step and shall be filed no later than three (3) working days from the date of the supervisor's reply to the other, within twenty (20) days, submit the grievance to final and binding arbitrationcomplaint. The notice grievance ought to contain a statement of the party referring facts relied upon, indicate the matter articles and sub-sections of the Agreement which are alleged to arbitration shall include have been violated, where possible indicate the name of the proposed sole arbitratoremployee who may be ad- versely affected by the grievance, which indicate the relief sought and be signed by the employee. STEP If no settlement is reached at Step the grievance may be referred to Step within five (5) working days of receipt of the reply of the supervisor. The full Grievance Committee and representatives of management shall meet to discuss the grievance within five (5) working days of receipt of the referral. The Union’s National Representative may be mutually agreed uponin at- tendance at this meeting. If the parties are unable grievance is not settled it may be referred to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitratorarbitration as herein- after provided. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without Employer will provide its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten writing within five (105) working days following of the Step meeting. Failing settlement, The Union or the Employer may initiate a griev- ance beginning at Step of the Grievance Procedure. Such grievance shall be filed within ten working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under this Article within twenty (20) working days by either the Union in the case of a Union grievance or the Em- ployer in the case of an Employer Any complaint or grievance which is not com- menced or processed through the next stage of the date Grievance or Procedures within the Company received time specified shall be deemed to have been dropped. How- ever, time limits specified in the Grievance and Arbitra- tion Procedures may be extended by mutual agreement in writing between the Employer and the Union’s reply. Any grievance not carried to the next Step within the time limits prescribed herein, or within such exten- sions as may have been agreed to in writing, shall xxxxxxxxx be settled on the basis of the last decision given by the Employer. The Union shall have the right may withdraw, with- out precedent or prejudice to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlementany case, a meeting will be held with the Union within ten (10) working days grievance which has been referred to any step of the presentation Grievance Procedure, and the Employer may settle, without xxxxx- xxxx or prejudice to any other case, a grievance which has been referred to any Step of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyGrievance Proce- dure.
Appears in 1 contract
Samples: Collective Agreement
STEP. In If the event grievance is not then settled, then the Director of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice his xxxxxxx, within five (5) working days after the written decision of the appropriate supervisor has been received or should have been received, present the grievance, signed by the xxxxxxx, to either an Area Business Administrator or Supervisor of Maintenance or other representative desig- nated by the Board from time to time. The Area Business Administrator or Supervisor of Maintenance or other representative designated by the Board shall answer the grievance in writing given to the other, within twenty five (205) days, submit working days after the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed uponhas been received. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice grievance is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable settled in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, accordance with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company Step then within ten (10) working days after the decision of when the circumstances giving rise to the grievance were known Area Business Administrator or Supervisor of Maintenance other designate has beer received or should reasonably have been known to beer received, then the Unionmay be presented by the on behalf of the the Employee Relation: Officer. Failing settlementUpon receiving grievance, the Management Committee shall notify the Recording Secretary of the time and place of a meeting when they will be held with discuss and consider the Union representations made and the decisions reached in Step The meeting shall take place within ten (10) working 10)working days of after the presentation of Management Committee has received the grievance and the Company decision of the Management shall give be given in writing to the Recording Secretary of the Union its written reply to the grievance in ten within five (105) working days following the after such a meeting. Failing settlementThe Management shall be made up of the Superintendent of Business, Relations Officer Personnel Officer and Superintendent of Plant [or such other designate]. The Board may submit to the Union a grievance with respect to the conduct of the Union, its Officers Stewards, members or with respect to any alleged violations of the collective Such a grievance presented by the Board, in writing, the Recording Secretary within ten working days after the occurrence of the matter which is the subject of the grievance. If such a grievance is not settled, it may be referred to arbitration under by the Board in accordance with the provision of of this Article within twentyCollective Agreement. Where a specific provision of this Collective Agreement has been alleged to have been violated or misinterpreted, a group grievance two or more employees in one or more locations) may be presented by the Union denoting the number of employees affected. Such a grievance wil l only be
Appears in 1 contract
Samples: Collective Bargaining Agreement
STEP. In The employee shall first discuss the event complaint with her immediate supervisor and may have her Committeewoman present if she so desires. If she is not satisfied she shall then, within two (2) working days, present a grievance on the approved grievance form to her immediate supervisor who shall, within two (2) working days, give her written reply. If the grievance is not resolved, it shall be forwarded by the Committeewoman to the employee's department head within three (3) working days after receipt of the written reply in Step The employee's department head shall, within three (3) working days, render the reply in writing. The Union Committee shall consider the department head's reply and, if it is not satisfactory, the Union Committee shall refer the grievance to the Director of Human Resources or designate and within three (3) working days. When the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, grievance is referred by notice in writing given the Union Committee to the otherDirector of Human Resources, the parties shall meet within five (5) working days in which time they will try to resolve the grievance. The Director of Human Resources shall, within twenty ten (2010) working days, submit the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed uponrender his reply in writing. If the parties are unable to agree on resolve the selection grievance, the Union or the University may refer the matter to arbitration within ten (10) working days. Prior to such referral, the parties are encouraged to utilize the services of an arbitrator a Settlement Officer appointed by the Ministry of Labour in a responsible attempt to resolve the in dispute. Any grievance not filed within twenty five (205) working days once formal notice after the occurrence which is giventhe basis of the grievance, or within five (5) working days after the Federal Minister employee should reasonably have had knowledge of Labour the said event, shall be requested deemed to appoint the Arbitrator. The Company have been waived and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstancesconsidered. Time Limits Any time limit mentioned under the grievance procedure limits shall be counted as working days, computed by excluding Saturdays, Sundays and Statutory Holidayspaid holidays. The time limits imposed upon either party of any STEP in In circumstances where Steps and do not involve the Grievance Procedure immediate supervisor, the parties may be extended by mutual written agreement. A request for extension of mutually agree to move directly to Step In the time limit made prior to the expiry of such time limit shall not be denied event that an employee who is no longer on an arbitrary basis. Where no reply probation is given to a grievance within the time limits specifieddischarged from employment, and no extension was agreed tothe employee feels that an injustice has been done, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Proceduretaken up as a grievance. Grievances involving the discharge or discipline of When an employee may be submitted at STEP of the grievance procedure. The Company has been dismissed without notice, she shall have the right to file interview her Committeewoman for a grievance in writing signed by reasonable period of time before leaving the Director of Human Resources or designate, with the Union University premises. All such cases shall be taken up within ten three (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (203) working days of the date the Company received employee is notified of her discharge. A claim by an employee who has attained seniority, that she has been unjustly discharged from her employment shall be treated as a grievance if a written statement of such grievance is lodged by the Union’s replyUnion Committee with the Director of Human Resources within three (3) working days after the employee ceases to work for the University. The Union shall have the right to file a ‘policy’ grievance in writing with the Company Director of Human Resources shall, within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Uniondays, render his reply in writing. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation All preliminary steps of the grievance and the Company procedure up to but not including Step shall give the Union its written reply to the grievance be omitted in ten (10) working days following the meetingsuch a case. Failing settlement, such A discharge grievance may be referred to arbitration under this Article within twentysettled by confirming the University's action in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties:
Appears in 1 contract
Samples: Memorandum of Agreement
STEP. In If the event grievance is not to be deemed as settled on the of tho answer given in Step the Union shall within seven (7) calendar days of receipt of the step answer, notify the Director or designee, in writing, that a grievance meeting is Tho Director or designee and other persona that the Director and designee deems appropriate shall meet with up to (3) of Human Resources or designate and the National Representative and Unit Chair are unable Union, including the griever should the griever wish to reach a resolve in STEP either party may, by notice in writing given to attend the othermeeting, within twenty fourteen (2014) days, submit calendar days of receipt of the notice. The Director or designee shall provide a written within seven (7) calendar days of the meeting being held. on the If the grievance not to be settled of tho answer given in the Union shall, within (7) calendar days of the receipt of the answer given notify tho Director of in writing, of desire to submit tho grievance to atbitration. The notice shall contain the and address of the nominee. The Director or within seven (7) calendar inform the of tho nominee. The two nominees shall, within (7) calendar days or such longer time as may agree appoint a third xxxxxx who shall act as the Chair. If the recipient of the fail8 to appoint an arbitrator or if the two nominees fail to upon a chair within the time limit, either the Union or tho Board may request the appointment of a Chair by the Labour. The Arbitration Board shall hear and determine the and shall issue a decision which Fa final and binding arbitration. upon the The notice decision of the party referring majority is the matter to arbitration shall include the name decision of the proposed sole arbitratorArbitration Board but, which if there is to no the decision of the Chair The decision of the Arbitration Board shall be mutually agreed upon. If the parties are unable to agree final and binding and enforceable on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator Arbitration Board shall not be authorized have the power to alterchange, modify, extend or amend the provisions of this Agreement nor t h i s Agreement. Each party shall bear the fee and expenses of its nominee to make the Arbitration Board and any decision inconsistent therewith. Where fees and expenses of the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure Chair shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidaysborne equally by the parties. The time limits imposed upon either Each party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension shall bear its own expenses respecting appearances at hearings of the time limit made prior to Arbitration Each party shall bear at its own expense the expiry cost of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union counsel or the Company, as the case may be, shall be entitled to submit the grievance to the next at each step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have All the right to file time l i m i t s fixed herein for the grievance procedure may be extended only upon the mutual written consent of the parties and subsection ( 6 ) of the tabour Relations A c t not apply. One or more steps in the grievance procedure may be omitted in the processing of a grievance in writing signed by only upon the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days mutual written consent of the presentation patties. The Classifications and rates of pay shall be set forth in schedule attached. payments w i l l be made every Friday and w i l l be concurrent w i t h the worked for all month Ten month employees shall work on a time sheet basis and paid every second Friday with a hold back of Ten month employees: no salary is payable for the weeks of the grievance and the Union shall give the Company its written reply to the grievance Christmas or breaks. An employee who replaces an employee in ten (10) a higher pay category for a period of or more consecutive working days following shall be paid at the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days higher rate provided that the approval of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance Controller of Plant and Transportation has been given in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyadvance.
Appears in 1 contract
Samples: Collective Agreement
STEP. In Should an be unwilling to accept the event decision of the Director of Human Resources Supervisor or designate and Manager, as appropriate, the National Representative and Unit Chair are unable to reach a resolve in STEP either party employee may, by notice days, appeal in writing to the Manager r Vice-president, as appropriate, who shall meet with the parties concerned wit three (3) working days or a day agreed to by the parties, to deal with the appeal and ender a decision in writing not later than three (3) working days after the meeting. settlement being reached in Step the employee concerned, Union Xxxxxxx (or designate), and a representatives of the the matter within five (5) days, or a day agreed Employee Relations who shall render a Failing at Step the grievance or complaint may be referred to Arbitration. If Arbitration to be invoked, a written request for Arbitration must be given to the other, Vice-president Employee Relations within twenty five (205) days, submit days after the grievance or complaint has dealt with at Step (a) be considered policy this Agreement, be originated at Step ten (IO) working the occurrence or circumstance giving rise the grievance, with such differences between the parties being reduced to writing and delivered to the other. It is expressly understood, however, that the of this Article may not be used with respect to a grievance directly an employee which he or she could have instituted Where the grievance is initiated by the Hospital, it shall be filed with the Union Representative. Failing satisfactory settlement of such grievances, it is understood that same may be carried through the balance of the grievance procedure including steps of Arbitration for final and binding arbitrationsettlement upon the parties. Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in writing, signed by each employee, at Step of the Grievance Procedure within seven (7) days after the circumstances giving rise to the grievance have occurred. The notice remaining provisions of the Grievance and Arbitration procedures shall then apply with respect to the processing of such grievance. Any time referred to the grievance and arbitration procedures within which any procedure is required to be taken or notice required to be given shall be calculated exclusive of Saturdays, Sundays or Statutory Holidays (as declared) and, for the aggrieved employee, supervisor, administrator, his or her days Where a arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated, the party referring the matter to requesting arbitration shall include the other party of its desire to arbitrate the difference or allegation and at the same time one person as its appointee to the Arbitration Board. The recipient of the notice shall, within five (5) days of the receipt of same, the other party of the name of its appointee to the proposed sole arbitratorArbitration Board. The two appointees shall, which is within ten of the appointment of the latter, appoint a third person to act as Chairman. two appointees fail to agree upon a Chairman within the said days or if the recipient of the within the time the appointment shall be mutually agreed uponby the Minister for Ontario upon the request of No person may be appointed as who has been involved in an attempt to settle the grievance. If The Arbitration Board shall hear and determine the or allegation and issue a decision and the decision of the majority of Board shall be final and binding upon the parties are unable to agree on and any employees by it, If there is no majority the selection decision of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the ArbitratorChairman govern. The Company Arbitration Board shall make such decisions as it may in the circumstances deem just and equitable and may vary or set aside any penalty or discipline imposed by the Union local shall each pay one-half of Employer relating to the remuneration and expenses of the arbitratorgrievance then before it. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator Arbitration Board shall not be authorized to alter, modify, or amend the any provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to make any decision inconsistent therewithwith the terms and provisions of this Agreement. Where Nothing herein shall be interpreted or construed to prevent the Arbitrator determines that a disciplinary penalty Arbitration Board ordering reinstatement in employment with or discharge is excessivepartial pay lost by an employee who has been dismissed or suspended. Each party shall bear the expense of its appointee and the expense of the Chairman shall be shared equally by both parties. Notwithstanding the foregoing provisions of this Article, it the parties hereto may substitute such other penalty in substitution for the discipline or discharge as it considers just and reasonable above procedure, agree in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working dayswriting to appoint one (1) arbitrator satisfactory to both parties, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of which case such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company arbitrator shall have the right same jurisdiction, power and authority as has been given to file a grievance in writing signed the Arbitration Board by the Director foregoing terms of Human Resources this Article. It is mutually agreed that no strikes, slowdown, stoppage of work or designate, other interference with service on the part of the members of the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with permitted by the Union within ten (10) days of the presentation of the grievance and and, to this end the Union shall give will take action and lock-outs will occur by the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyEmployer.
Appears in 1 contract
Samples: Collective Agreement
STEP. In Should the event employee be dissatisfied with the Director immediate supervisor's disposition of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party complaint may, with the assistance of xxxxxxx, refer such a matter, on a written grievance form supplied by notice the Union, to hisher immediate supervisor no later than five (5) working days from the date of the verbal reply from immediate supervisor. The complaint shall constitute a formal grievance at Step I. The immediate supervisor shall answer the grievance in writing given within three (3) working days. The grievance shall contain a brief statement of the nature of the grievance, indicate the relief sought and be signed by the employee or the employees involved. Should the employee be dissatisfied with the disposition of the grievance at Step I, the grievance may be referred to the other, within twenty (20) days, submit Plant Manager who shall answer the grievance to final and binding arbitrationin writing within five (5) working days. The notice grievance must be filed with the Plant Manager within five (5) working days of the party referring the matter to arbitration shall include the name receipt of the proposed sole arbitrator, which immediate supervisor's reply at Step Should a meeting be required at Step the Union xxxxxxx shall be in attendance. If no settlement is reached at Step the Grievance Committee and representatives of management shall meet within five (5) working days of receipt of the reply of the Plant Manager to be mutually agreed upondiscuss the grievance. If the parties are unable to agree on the selection of an arbitrator grievance is not settled within twenty five (205) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessivedays, it may substitute such other penalty for the discipline be referred to arbitration as hereinafter provided. A Union Policy grievance or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the an Employer grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension initiated beginning at Step of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may Such grievance shall be submitted at STEP filed within ten working days of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances incident giving rise to the grievance were known or should reasonably have been known to complaint and be in the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance form prescribed in ten (10) working days following the meeting. Failing settlement, Step Any such grievance may be referred to arbitration under this Article within twenty (20) working days IO by either the Union the case of a Union grievance or the Employer in the case of an Employer grievance. Any complaint or grievance which is not commenced or processed through the next stage of the date Grievance or Arbitration Procedures within the Company received time specified shall be deemed to have been dropped. However, time limits specified in the Union’s reply. The Union shall have the right to file a ‘policy’ grievance Grievance Procedures may be extended by mutual agreement in writing with between the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Employer and Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such No grievance may be referred concerning the termination of of a probationary employee. Any grievance arising out temporary layoff shall commence as a Step I grievance unless the Company advises that the layoff is permanent, at which time the layoff may be treated as a termination and proceed immediately to arbitration under this Article within twentyStep
Appears in 1 contract
Samples: Collective Agreement
STEP. In If no settlement is reached, the event the Director of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, Local may submit the grievance to final and binding arbitrationarbitration within ten (10) school days of receipt of the response. The party desiring arbitration shall the other party in writing of its desire to submit the difference or allegation. The notice shall contain the of the first party’s appointee to the Arbitration Board. The recipient of the notice shall, within ten (10) school days, inform the other party referring the matter to arbitration shall include of the name of its appointee to an Arbitration Board. Where two (2) appointees are so selected, they shall, within ten (10) school days of the proposed sole arbitratorappointment of the second of them, which is to appoint a third person who shall be mutually agreed uponChair. If the parties recipient of the notice fails to appoint an Arbitrator or if two appointees fail to agree upon a Chair within ten (10) school days, the appointment shall be made by the Minister of Labour upon the request of either Upon the mutual consent of the Parties, the Board of Arbitration provided herein may be substituted for by a sole Arbitrator appointed by the Parties, or, if they are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is givenArbitrator, by the Federal Minister Ontario Labour Relations Board. The decision of Labour the Arbitrator or Board of Arbitration shall be requested final and binding upon the Parties and upon any employee or employees affected by it. Both parties agree to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration fees and expenses of the arbitrator. Neither party shall be obligated to pay any part single Arbitrator or the fees and expenses of the cost Parties respective appointees and one-half of any stenographic transcript the fees and expenses of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions Chair of this Agreement nor to make any decision inconsistent therewiththe Arbitration Board. Where the Arbitrator determines that teacher has been discharged for cause, the teacher may file a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidaysat Step within ten (10) school days of written notice of termination. The time limits imposed upon either party of any STEP in Union and the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company Board shall have the right to file a policy grievance in writing signed by based on a dispute arising out of the application, administration, interpretation or alleged violation of this collective agreement. A policy grievance shall be presented at Step to the Union or Director of Human Resources or designate, with Education. Nothing in this Article precludes the Union within ten (10) days of when the circumstances giving rise Parties from mutually agreeing to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the Union shall give name of the Company its written reply person and time line for grievance mediation to occur. Prior to the grievance in ten (10) working days following arbitration, the meeting. Failing settlement, such grievance may be referred agree to arbitration under this Article within twenty (20) working days a and binding settlement of the date grievance which varies the Company received disciplinary action and reinstates the Union’s replyteacher on such terms they think fit and which they consider to be just and equitable. The Union shall have In the and binding settlement of a grievance arising from a disciplinary action, an Arbitrator or Board of Arbitration may vary the disciplinary action and reinstate the teacher on such terms they think fit and which they consider to be just and equitable. Notwithstanding the foregoing, the Board the right to file assign any teacher so reinstated to an equivalent position in a ‘policy’ grievance location other than the one in writing with which the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twentyoccurred.
Appears in 1 contract
Samples: Collective Agreement