Common use of STEP Clause in Contracts

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

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STEP. In Failing settlement at Step within a further five (5) working days, the event employee or a Xxxxxxx on behalf of any employee, may elevate a written grievance to the Director Department Director, or designate, who shall hold a meeting with the appropriate supervisory people, representative of Human Resources and the Union and the Griever within a further working days and provide answer within a further five (5) working days. STEP Failing settlement at Step the Union may submit the grievance to the Director, 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 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, of receipt of the Federal Minister of Labour shall be requested to appoint the ArbitratorStep answer. The President of the Company will assign a Director to convene a meeting within a further ten (10) working days with the appropriate supervisory people, representative of Human Resources, and the Union local shall each pay one-half of Union, and the remuneration Griever, to discuss the matter and expenses of the arbitratorDirector will provide answer within a further five (5) working days. Neither party shall If a satisfactory answer is not reached at Step the grievance may be obligated referred to pay any part of the cost of any stenographic transcript of an either expedited arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend in accordance with the provisions of this Agreement nor agreement and will be scheduled to make any decision inconsistent therewith. Where be heard within thirty (30) days from the Arbitrator determines that date of referral or procedural arbitration within a disciplinary penalty or discharge is excessiveperiod of fifteen (15) days after receipt of the answer at Step Notice of referral to arbitration must be made to the Director, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable Human Resources 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 Holidayswriting. The time limits imposed on the initial filing of a written grievance are not intended to defeat a grievance where the employee or Union could not have reasonably been aware of the circumstances upon either party which they claim a violation of any STEP the Agreement is based, for example, delay caused by pay calculation procedures which extend beyond the allowed time limit, or absence through illness, com- pensable accident, vacation, or authorized leave of absence. Time limits set forth in the Grievance Procedure Article may only be extended expanded or contracted by mutual written agreementagreement in writing between the parties. A request for extension Failure by the Company to advance the grievance as outlined above will result in the granting of the time limit made prior grievance. Failure by the Union to advance the grievance as outlined above will result in the withdrawal of the grievance. than one employee files a grievance regarding the same issue, the parties agree to handle the individual grievances as a group grievance and hear them simultaneously. Should a difference arise between the Union and the Company as to the expiry interpretation, application or alleged violation 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, this Agreement 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 which shall be taken up at Step of the Director grievance procedure and if a satisfactory settlement of Human Resources or designatethe dispute is not reached within calendar days, with the Union within ten (10) days of when may refer the circumstances giving rise matter to the grievance were known or should reasonably have been known to the Companyarbitration no later than a further calendar days. A It is understood that management may bring any meeting will be held with the Union within ten (10) days grievance committee, any complaint in respect to the conduct of the presentation Union in its dealings with the Company and, if such complaint by the management is not settled to the mutual satisfaction of the grievance and the Union shall give the Company its written reply to the grievance in ten two (102) working days following the meeting. Failing settlementparties, such grievance it may be treated as a grievance filed under the procedures set out in this Collective Agreement and referred to arbitration under this Article within twenty (20) working days in the same way as the grievance of the date the Company received the Union’s replyany employee. The Union parties shall have choose an Arbitrator in rotation from the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days following list 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 twentyArbitrators:

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 STEP the 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 Negotiations designate) a written statement 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. STEP 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. STEP 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. or 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 ARTICLE GRIEVANCES 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: 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 peri of Company. 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: 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 Printed 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. Printed 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: Non Teaching Employees

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. STEP 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. Notwithstanding the foregoing provisions of the 8 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. Any employee discharged, disciplined or for violation of Commission 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: 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: negotheque.travail.gc.ca

STEP. In The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the event appointment of the Director second of Human Resources or designate and the National Representative and Unit Chair are unable them to reach agree to a resolve in STEP person willing to act, either party may, by notice in writing given of them may apply to the otherMinister of Labour. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, within twenty (20) daysif the parties agree, submit a Sole Arbitrator shall be chosen to act in the grievance to final same capacity and binding arbitration. The notice having the same powers as a Board of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed uponArbitration. If the parties are unable to agree on the selection of Arbitration Board finds that an arbitrator within twenty (20) working days once formal notice is givenemployee has been suspended or discharged without proper cause or improperly laid off, the Federal Minister of Labour that employee shall be requested reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. If it is shown to appoint the ArbitratorBoard that the employee has been in receipt of wages during the period between discharge or suspension and reinstatement or the period of improper layoff or the period of improper recall then the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, less any expenses which the employee has incurred in order to earn the wages so deducted. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Company and the Union local shall each pay one-half Board 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 shall not be authorized have any jurisdiction or authority to alter, modify, alter or amend change any of the provisions of this Agreement nor Agreement, or to make give any decision inconsistent therewith. Where with the Arbitrator determines that terms of this Agreement, except where there is a disciplinary penalty dispute between the parties, regarding the rate of pay for a newly established, or discharge is excessivealtered classification not provided for herein, 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 a dispute under herein, or a dispute 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 toWelfare Plan, the Union Board of Arbitration 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 Sole Arbitrator shall have the right power to file deal with such matters and bring down 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 Companyfinal and binding award. A meeting will be held with the Union within ten (10) days Each of the presentation parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses 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: 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. 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 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 upon. If upon at 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 time of the remuneration hearing. At this 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 tosubsequent steps, the Union or may be assisted by an International Representative of the Company, as the case may be, shall be entitled to submit International Brotherhood of Electrical Workers. Step If the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted is not settled at STEP of the grievance procedure. The Company Step it 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 Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the event appointment of the Director second of Human Resources or designate and the National Representative and Unit Chair are unable them to reach agree to a resolve in STEP person willing to act, either party may, by notice in writing given of them may apply to the otherMinister of Labour. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration the parties agree, within twenty (20) daysa Sole shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, submit that employee shall be reinstated by the grievance Employer without loss of pay and with a l l his rights, benefits and privileges which he would have enjoyed the discharge, suspension or improper layoff had not taken place. If it is shown to the Board that the employee has been in receipt of wages during the period between discharge or suspension and reinstatement or the period of improper layoff or the period of improper recall then the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, less any expenses which the employee has incurred in order to earn the wages so deducted. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authority to alter or change any of the of this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties,, regarding the rate of pay for a newly established, or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding arbitrationaward. The notice Each of the party referring parties hereto will bear the matter to arbitration shall include the name expenses of the proposed sole arbitrator, which is to be mutually agreed upon. If their nominee and the parties are unable to agree on will equally bear 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 twentyChairman.

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 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 STEP 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: negotech.labour.gc.ca

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: negotheque.travail.gc.ca

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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. STEP 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. STEP 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 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: negotech.labour.gc.ca

STEP. In Within five full working days following the event decision in Step an official or officials of the Director Union shall meet with the senior representative 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 Company. This meeting shall be held at the locale of the terminal involved unless otherwise agreed. A decision shall be rendered in writing given within three full working days following this meeting. Meetings shall be held at a mutually agreeable time Section Failing settlement under Step of any difference and including any question as to the otherwhether a matter is arbitrable, within twenty (20) days, submit the grievance to final and binding arbitration. The notice of the party referring the matter such difference may be taken to arbitration shall include the name of the proposed sole arbitrator, which as hereinafter provided. no written request for arbitration is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator received within twenty (20) fourteen full working days once formal notice after the decision in Step is given, the Federal Minister of Labour it shall be requested deemed to appoint have been abandoned. Section complaint or grievance concerning or affecting a group of employees shall be submitted in writing and originated under step Section Any complaint or grievance arising directly between the Arbitrator. The Company and the Union local shall each pay one-half be submitted in writing and originated under Step Section All written grievances shall contain a description of the remuneration grievance. Section A claim by an employee that he has been unjustly discharged or suspended shall be treated as a grievance and expenses may be taken up under Step of the arbitrator. Neither party shall be obligated to pay any part Grievance Procedure provided a written statement of such grievance is lodged with the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alterCompany within hours, 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 HolidaysGeneral Holidays excluded, after the discharge or suspension is effected. The time limits imposed upon either party of any STEP in Such special grievance may be settled under the Grievance Procedure by: confirming the Company's action in dis- missing or laying off the employee, or reinstating the employee with full compensation for the time lost, or by any other arrangement which may be extended by mutual written agreementdeemed just and equitable. A request for extension Section Where a driver on highway operations is away from his home terminal and thus unavailable to proceed with the Steps 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 Grievance Procedure within the time limits specifiedprescribed, and no extension was agreed to, the Union or the Company, as the case may be, such time limits shall be entitled extended so as to submit permit his processing the grievance in accordance with the above steps upon his return to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee his home terminal, Section No matter may be submitted at STEP to Arbitration which has not been properly carried through the proper steps 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 twentyGrievance Procedure unless otherwise mutually agreed.

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 STEP 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) the Employer and the Union concerning the of this Agreement or other matters that may 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: Service Employees

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 STEP 2: 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 STEP4 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: E 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. Step 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 Step 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. 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: 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 : Step 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. Mediation 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

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