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Common use of STEP Clause in Contracts

STEP. An employee having a question or complaint shall refer it his immediate supervisor within five (5) calendar days the actual occurrence leading to the or complaint. At this stage, the employee may be accompanied by a Union Xxxxxxx, if he so desires. The supervisor shall reply to the employee giving the answer to the complaint or question as soon as possible, but no later than five (5) calendar days from the date of submission. If action is to be the grievance shall be submitted in to the Administrator or his designate within five (5) calendar days of the receipt of the supervisor's reply. This include the nature of the Grievance and the remedy sought. The Administrator or his designate shall have five ( 5 ) calendar days to study the matter and make his reply. Should the Administrator or his designate fail to render his decision as required in Step or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within ten (10) calendar days following the meeting under Step of the Grievance Procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreement of the parties. Sundays and paid holidays designated under of this Agreement will not be counted in the time within which any action is t o be taken or completed under each of the steps of the Grievance Procedure. The Union may i n s t i t u t e a consisting of an of a general misinterpretation or a violation by the Employer of Agreement writing a t Step Two ( 2 ) the grievance! procedure, that it is within (10) working days after which gave rise t o the originated or occurred. However, expressly understood that the of this clause not. be used t o institute a grievance directly affecting an employee or employees which employee or could themselves i n i t i a t e as an individual or grievance and regular grievance procedure not. be thereby arising from the interpretation, application administration of the health and welfare benefits shall be as follows: the Union shall f i l e a written grievance that an. alleged exists. For a copy of the grievance shall the insurers. within ten (10) days of filing a grievance, the parties shall meet with a view t o resolving the grievance. grievance is not resolved, as aforesaid, or i f the parties t o meet within the time the shall be referred t o a single be selected alternately from the list of arbitrators hereinafter provided. arbitrator shall i n discretion, determine the most expeditious manner of resolving the dispute consistent each party reasonable t o present case. The arbitrator dispense with an only written submissions; hear evidence or submissions by conference call ; receive by take such other s t e p s as may be i n opinion the may i n his or her attempt assist parties i n settling the dispute. arbitrators for t h i s process be If additional arbitrators a r t necessary, shall seized t o appoint these, i f the parties are t h e arbitrator shall render a decision within ten (10) days of completion of hearing. Written reasons are not required. Oral decisions i n writing be given. the fees expenses of the shall be equally by the employer and the Union i n where the benefit is self - insured and the insurer:; and the Union the benefit. is insured. this process shall commence immediately for a l l self - insured Upon the of any contracts of insurance f o r this process shall then apply t o insured I t .is responsibility of t o obtain includes an agreement insurer t o be bound process. If the employer f a i l s t o obtain the agreement of an the shall proceed as though it is a self - insured benefit. the parties agree that the decision of an hereunder shall be final shall not appealed or judicially reviewed by party. The purpose of waiving any appeal rights or rights of review is t o avoid the cost and expense the of these rights. the decision of the arbitrator shall not have any value as a precedent a subsequent i f i n the of a grievance raises an issue which should be decided by the: form of grievance arbitration provided by collective Agreement for a l l other grievances, upon the consent of parties or i f such consent is not the approval of Xxxxxx such t o be obtained by a conference c a l l , the grievance shall be transferred t o the ordinary process. not Any such already under way, i n respect of which an arbitrator appointed shall proceed under t h i s process,

Appears in 1 contract

Samples: Collective Agreement

STEP. An If any employee having has a question or complaint grievancehe wishes to bring to the attention of the Company, he shall refer it take the matter up with his immediate supervisor within five (5) calendar days Supervisor. The employee will be accompanied by his Xxxxxxx. If the actual occurrence leading grievance is not settled to the or complaintsatisfaction of the employee within two (2) days, it will then be stated in writing and be submitted to the Department Manager. Within three (3) working days, the Department Manager such other persons as may be designated by the Company) will meet with the employee and his Xxxxxxx, to discuss the grievance. The Department Manager will give his answer to the grievance, in writing, within two (2) days after the meeting has been held. If his reply to the grievance is not satisfactory, the Union may, within three (3) working days after receiving the written reply of the Department Manger, refer the matter to the Plant Manager. Within three (3) working days following receipt of the grievance, the Plant Manager such other persons as may be designated by the Company), will meet with the employee and his Xxxxxxx to discuss the matter. At this stage, meeting a full-time Staff Representative of the employee International Union may be accompanied by a Union Xxxxxxxpresent, if he so desiresrequested by either party. The supervisor shall Plant Manager will give a written reply to the employee giving grievance within three (3) working days after the answer meeting has been held. If the meeting referred to in Step does not result in a settlement of the grievance to the complaint or question as soon as possiblesatisfaction of both parties, but no later than five then either party to this Agreement may, within thirty (530) calendar days from after the date of submission. If action is to be the grievance shall be submitted in to the Administrator or his designate within five (5) calendar days of the receipt of the supervisor's written reply. This include the nature of the Grievance and the remedy sought. The Administrator or his designate shall have five ( 5 ) calendar days to study , refer the matter and make his reply. Should the Administrator or his designate fail to render his decision as required in Step or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within ten (10) calendar days following the meeting under Step of the Grievance Procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievanceas hereinafter provided. Any of the time allowances above provided for in this Article may be extended by mutual agreement agreement. The Company may refuse to consider any complaint, the alleged circumstances of which arose more than five (5) working days prior to the complaint being presented to the Supervisor. Where a matter is referred to arbitration, the Party requesting Arbitration shall advise the other Party in writing of its request, together with a statement as to the issue to be arbitrated. An impartial Arbitrator shall be selected by the Parties or if such Parties fail to agree upon the selection of an Arbitrator within twenty (20) working days of notification of appeal to Arbitration, then the Minister of Labour for the Province of Ontario shall designate the Arbitrator. The jurisdiction of the partiesArbitrator shall be limited to the matter in dispute and he shall not have the jurisdiction to change, modify or disregard any provision of this Agreement, nor substitute any new provision in lieu thereof, nor to give any decision inconsistent with this Agreement. Sundays and paid holidays designated under The Parties agree that an Arbitrator shall have the power to award compensation or damages to any party, or employee, who is dealt with contrary to the provisions of this Agreement. All decisions of the Arbitrator arrived at in accordance with the provisions of this Agreement will not shall be counted in the time within which any action is t o be taken or completed under each final and binding upon all parties concerned. Each of the steps of Parties hereto will share equally the Grievance Procedure. The Union may i n s t i t u t e a consisting of an of a general misinterpretation or a violation by the Employer of Agreement writing a t Step Two ( 2 ) the grievance! procedure, that it is within (10) working days after which gave rise t o the originated or occurred. However, expressly understood that the of this clause not. be used t o institute a grievance directly affecting an employee or employees which employee or could themselves i n i t i a t e as an individual or grievance and regular grievance procedure not. be thereby arising from the interpretation, application administration of the health and welfare benefits shall be as follows: the Union shall f i l e a written grievance that an. alleged exists. For a copy of the grievance shall the insurers. within ten (10) days of filing a grievance, the parties shall meet with a view t o resolving the grievance. grievance is not resolved, as aforesaid, or i f the parties t o meet within the time the shall be referred t o a single be selected alternately from the list of arbitrators hereinafter provided. arbitrator shall i n discretion, determine the most expeditious manner of resolving the dispute consistent each party reasonable t o present case. The arbitrator dispense with an only written submissions; hear evidence or submissions by conference call ; receive by take such other s t e p s as may be i n opinion the may i n his or her attempt assist parties i n settling the dispute. arbitrators for t h i s process be If additional arbitrators a r t necessary, shall seized t o appoint these, i f the parties are t h e arbitrator shall render a decision within ten (10) days of completion of hearing. Written reasons are not required. Oral decisions i n writing be given. the fees expenses of the shall be equally by the employer and the Union i n where the benefit is self - insured and the insurer:; and the Union the benefit. is insured. this process shall commence immediately for a l l self - insured Upon the of any contracts of insurance f o r this process shall then apply t o insured I t .is responsibility of t o obtain includes an agreement insurer t o be bound process. If the employer f a i l s t o obtain the agreement of an the shall proceed as though it is a self - insured benefit. the parties agree that the decision of an hereunder shall be final shall not appealed or judicially reviewed by party. The purpose of waiving any appeal rights or rights of review is t o avoid the cost and expense the of these rights. the decision of the arbitrator shall not have any value as a precedent a subsequent i f i n the of a grievance raises an issue which should be decided by the: form of grievance arbitration provided by collective Agreement for a l l other grievances, upon the consent of parties or i f such consent is not the approval of Xxxxxx such t o be obtained by a conference c a l l , the grievance shall be transferred t o the ordinary process. not Any such already under way, i n respect of which an arbitrator appointed shall proceed under t h i s process,Arbitrator.

Appears in 1 contract

Samples: Collective Agreement

STEP. An The aggrieved employee having a question or complaint shall refer it present his grievance in writ- ing to his immediate supervisor within five (5) calendar days supervisor. He shall have the actual occurrence leading to the or complaint. At this stage, the employee may be accompanied by a Union Xxxxxxx, assistance of his xxxxxxx if he so desires. The supervisor shall reply If a settlement satisfactory to the employee giving concerned is not reached within three work- ing days (or any longer period which may ‘be mutually agreed upon) the answer next step in the grievance procedure may be taken at any time within three ( 3 ) working days thereafter. The aggrieved employee may submit his grievance in writing to the complaint or question Administrator. The Union Grievance Committee as soon as possible, but no later than five (5) calendar days from consti- tuted under Article hereof may be present at this stage at the date request of submissioneither party. The same Committee may have the assistance of a General Representative of the Union if they so desire. If action is to be the grievance shall be submitted in to the Administrator or his designate within five (5) calendar days of the receipt of the supervisor's reply. This include the nature a final settlement of the Grievance under hereof is not completed within ten 10) working days after deliber- ations have commenced and if the remedy soughtgrievance is one concerning the application, administration, interpretation, or alleged xxxxx- tion of this Agreement, the grievance may be referred by either party to a Board of Arbitration as provided Article at any time within ten days thereafter, but not later. The Administrator Both parties to this Agreement agree that any dispute or his designate shall have five ( 5 ) calendar days to study the matter and make his reply. Should the Administrator or his designate fail to render his decision as required in Step or failing settlement of any grievance under the foregoing procedure arising from concerning the interpretation, application, administration admini- stration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within ten (10) calendar days following the meeting under Step of the Grievance Procedure, the grievance shall be deemed to have which has been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreement of the parties. Sundays and paid holidays designated under of this Agreement will not be counted in the time within which any action is t o be taken or completed under each of properly carried through all the steps of the Grievance Proceduregrievance proce- dure outlined in Article and which has not settled, will be referred to a Board of Arbitration at the request in writing of either of the parties of this Agreement. The Union may i n s t i t u t e a consisting Board of an Arbitration will be composed of a general misinterpretation or a violation one ( 1 ) per- son appointed by the Employer of Agreement writing Employer, one ) person appointed by the Union and a t Step Two ( 2 ) third person to act as Chairman, chosen by the grievance! procedure, that it is within (10) working days after which gave rise t o the originated or occurred. However, expressly understood that the of this clause not. be used t o institute a grievance directly affecting an employee or employees which employee or could themselves i n i t i a t e as an individual or grievance and regular grievance procedure not. be thereby arising from the interpretation, application administration other two members of the health Board. If mutually agreed to by the Employer, and welfare benefits shall be as follows: the Union, one person selected by the Union shall f i l e and the Employer to act as a written grievance that ansingle Arbitrator. alleged exists. For a copy of the grievance shall the insurers. within ten Within five (105) days of filing the request by either party for a grievanceBoard, the parties shall meet with a view t o resolving the grievance. grievance is not resolved, as aforesaid, or i f the parties t o meet within the time the shall be referred t o a single be selected alternately from the list of arbitrators hereinafter provided. arbitrator shall i n discretion, determine the most expeditious manner of resolving the dispute consistent each party reasonable t o present caseshall notify the other of the names of its ap- pointee. The arbitrator dispense with an only written submissions; hear evidence or submissions by conference call ; receive by take such other s t e p s as may be i n opinion Should the may i n his or her attempt assist parties i n settling the dispute. arbitrators for t h i s process be If additional arbitrators two nominees fail to agree on a r t necessary, shall seized t o appoint these, i f the parties are t h e arbitrator shall render a decision third per- son within ten seven (107) days of completion of hearing. Written reasons are not required. Oral decisions i n writing be given. the fees expenses of notification mentioned in Sec- tion the Chairman shall be equally appointed by the employer and the Union i n where the benefit is self - insured and the insurer:; and the Union the benefitOntario Labour Management Arbitration Commission. is insured. this process shall commence immediately for a l l self - insured Upon the of any contracts of insurance f o r this process shall then apply t o insured I t .is responsibility of t o obtain includes an agreement insurer t o be bound process. If the employer f a i l s t o obtain the agreement of an the shall proceed as though it is a self - insured benefit. the parties agree that the The decision of an hereunder a Board of Arbitration, or a majority thereof, constituted in the above manner, shall be final and binding on both parties and upon all employees affected. If there is no majority award, the award of the Chairman shall not appealed or judicially reviewed by partygov- ern. The purpose Board of waiving any appeal rights or rights of review is t o avoid the cost and expense the of these rights. the decision of the arbitrator Arbitration shall not have any value as a precedent a subsequent i f i n power to alter or change any of the provisions of a grievance raises an issue which should be decided this Agreement or to substi- tute any new provisions for any existing provisions nor to give decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will bear the ex- penses of the Arbitrator appointed by the: form it and of grievance arbitration provided by collective Agreement for a l l other grievancesits own witnes- ses, upon and the consent parties will jointly bear the expenses, any, of parties or i f such consent is not the approval of Xxxxxx such t o be obtained by a conference c a l l , the grievance Chairman. No persons shall be transferred t o selected as Arbitrator who has been directly involved in attempts to negotiate or settle the ordinary process. not Any such already under way, i n respect of which an arbitrator appointed shall proceed under t h i s process,Griev- ance.

Appears in 1 contract

Samples: Collective Agreement

STEP. An There shall be an xxxxxxx and honest effort to settle all' grievances and disputes immediately ,without stoppage of work, and it is understood that an employee having with .the I xxxxxxx may present an oral grievance to his \ superior at any time without recourse to the grievance procedure herein. If such grievance is not settled to the satisfaction of the employee concerned, the eligible employee a question or complaint written grievance in the following manner and sequence: OTTAWA LANCASTER'DEPOT COLLECTIVE If not satisfactorily settled at Step the grievance shall refer it his immediate supervisor be taken up by the and the Grievance Committee with the Distribution Manager within two (2) working days of the decision given in Step A representative of the Union shall be called in at the request of either party. The final decision of the Distribution Manager shall be rendered in writing within three ( 3 ) working days following the Step meeting. A copy of the Distribution Manager's decision will be given the and the Xxxxxxx. \ If not satisfactorily settled at Step the grievance shall be taken up by the the Grievance Committee and the Union Business Agent with the General Manager within working days of the decision given in Step The decision of the General Manager shall be writing within five ( 5 ) working days following the Step meeting. A copy of' the General Manager's decision will be given to the the Xxxxxxx and sent to the Union office. If not satisfactorily settled at Step the grievance may be 'referred to arbitration. The party requesting arbitration shall make request in writing to the other party within five (5) calendar working days following the actual occurrence leading final decision in Step OTTAWA LANCASTER DEPOT COLLECTIVE AGREEMENT. The matter in dispute shall then be arbitrated by -an arbitration board in accordance with the Ontario Labour Relations Act, The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provisions of Collective Agreement. No matter may be submitted to arbitration which has not been properly processed through all steps of the grievance procedure. Time limits may be waived by mutual consent of the parties. An employee who has completed his probationary period and who claims he has been discharged without just cause shall file a written grievance at Step of the grievance procedure, the written grievance is submitted to the or complaint. At this stage, the employee may be accompanied by a Union Xxxxxxx, if he so desires. The supervisor shall reply to the employee giving the answer to the complaint or question as soon as possible, but no later than five (5) calendar days from the date of submission. If action is to be the grievance shall be submitted in to the Administrator or his designate General Manager within five (5) calendar days of the receipt of the supervisor's reply. This include the nature of the Grievance and the remedy sought. The Administrator or his designate shall have five ( 5 ) calendar days of the discharge. The Union and the Company shall respectively pay one-half of the expenses and fees the Either party to study this Agreement may file a policy grievance within thirty (30) days of the matter and make his replyoccurrence of the event on which the grievance is based. Should A policy grievance is a grievance by one of the Administrator or his designate fail parties to render his decision as required in Step or failing settlement this Agreement arising out of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of any of the terms of this Agreement, including any question but excluding subject matter which can be presented by an employee as to whether a matter is arbitrable, an individual grievance. OTTAWA LANCASTER DEPOT COLLECTIVE AGREEMENT” A Union grievance shall be filed at Step of the grievance may procedure. policy grievance shall be referred to arbitration by either filed with the Employer or Business Agent of the Union. If no written request for arbitration is received within ten (10) calendar days following In the meeting under Step of the Grievance Procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter case of a further grievance. Any of the time allowances above may be extended by mutual agreement of the parties. Sundays and paid holidays designated under of this Agreement will not be counted in the time within which any action is t o be taken or completed under each of the steps of the Grievance Procedure. The Union may i n s t i t u t e a consisting of an of a general misinterpretation or a violation by the Employer of Agreement writing a t Step Two ( 2 ) the grievance! procedure, that it is within (10) working days after which gave rise t o the originated or occurred. However, expressly understood that the of this clause not. be used t o institute a grievance directly affecting an employee or employees which employee or could themselves i n i t i a t e as an individual or grievance and regular grievance procedure not. be thereby arising from the interpretation, application administration of the health and welfare benefits shall be as follows: the Union shall f i l e a written grievance that an. alleged exists. For a copy of the grievance shall the insurers. within ten (10) days of filing a Company policy grievance, the parties shall meet with within five (5) working days and the Union shall reply within a view t o resolving further five (5) working days. Failing settlement, Company may submit the grievance to arbitration within twenty-five (25) working days of the filing of the grievance. In the case of dismissal or suspension in which an employee is proven innocent through the grievance is not resolvedprocedure, as aforesaidthe said employee shall be compensated to the any net wages lost since the dismissal or suspension by reason of same, or i f in such other manner as may, in of the parties t o meet within Arbitrator, be justified. Fundamentally, rules respecting seniority are designed to give employees an equitable measure of security based on continuous service with the time Company. The Company agrees total bargaining unit seniority in the event of transfer to a new location’. Seniority shall be referred t o a single be selected alternately from subject to the list of arbitrators hereinafter provided. arbitrator shall i n discretion, determine the most expeditious manner of resolving the dispute consistent each party reasonable t o present case. The arbitrator dispense with an only written submissions; hear evidence or submissions by conference call ; receive by take such other s t e p s as may be i n opinion the may i n his or her attempt assist parties i n settling the dispute. arbitrators for t h i s process be If additional arbitrators a r t necessary, shall seized t o appoint these, i f the parties are t h e arbitrator shall render a decision within ten (10) days of completion of hearing. Written reasons are not required. Oral decisions i n writing be given. the fees expenses of the shall be equally by the employer following terms and the Union i n where the benefit is self - insured and the insurerconditions:; and the Union the benefit. is insured. this process shall commence immediately for a l l self - insured Upon the of any contracts of insurance f o r this process shall then apply t o insured I t .is responsibility of t o obtain includes an agreement insurer t o be bound process. If the employer f a i l s t o obtain the agreement of an the shall proceed as though it is a self - insured benefit. the parties agree that the decision of an hereunder shall be final shall not appealed or judicially reviewed by party. The purpose of waiving any appeal rights or rights of review is t o avoid the cost and expense the of these rights. the decision of the arbitrator shall not have any value as a precedent a subsequent i f i n the of a grievance raises an issue which should be decided by the: form of grievance arbitration provided by collective Agreement for a l l other grievances, upon the consent of parties or i f such consent is not the approval of Xxxxxx such t o be obtained by a conference c a l l , the grievance shall be transferred t o the ordinary process. not Any such already under way, i n respect of which an arbitrator appointed shall proceed under t h i s process,

Appears in 1 contract

Samples: Collective Agreement

STEP. An employee having a question or complaint shall refer it his immediate supervisor Failing settlement in Step as set forth above, within five four (54) calendar days following receipt of the actual occurrence leading to reply in Step the or complaint. At this stageaggrieved employee, together with the employee may be accompanied by a Union Departmental Xxxxxxx and the Chief Office Xxxxxxx, if he so desiresrequested by the Union, may present the grievance to the employee's Department Head or appropriate designate. The supervisor shall reply Department Head or appropriate designate will discuss the grievance with the employee and the A written answer will be given to the employee giving Xxxxxxx by the answer to the complaint Department Head or question as soon as possible, but no later than five (5) calendar days from the date of submission. If action is to be the grievance shall be submitted in to the Administrator or his appropriate designate within five (5) calendar working days after discussion of the grievance at this step. Failing settlement in Step as set forth above, the Chairman of the Union's Grievance may, within four (4) working days following receipt of the reply in Step arrange with the Chief Officer for a meeting with the Chief Administrative Officer or his delegate and two (2) members of the Grievance Committee to review the matter in dispute. Such meeting will be held within five (5) working days of the receipt of request by the supervisor's reply. This include the nature Chairman of the Grievance and Committee. It is understood that a National Representative of the remedy soughtUnion may be present at this meeting should his presence be requested by either party. The Administrator or Chief Administrative shall issue his designate shall have written reply to the Chairman of the Grievance Committee within five ( 5 (5) calendar working days to study of the matter and make his replymeeting. Should If final settlement of the Administrator or his designate fail to render his decision as required grievance is not attained in Step or failing settlement of any and if the grievance under is one which concerns the foregoing procedure arising from the interpretation, application, administration interpretation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, either party may refer the grievance may be referred to arbitration by either as provided in Article of this Agreement provided that the Employer or the Union. If no written request for arbitration is received made within ten (10) calendar days following the meeting under Step of the Grievance Procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreement of the parties. Sundays and paid holidays designated under of this Agreement will not be counted in the time within which any action is t o be taken or completed under each of the steps of the Grievance Procedure. The Union may i n s t i t u t e a consisting of an of a general misinterpretation or a violation by the Employer of Agreement writing a t Step Two ( 2 ) the grievance! procedure, that it is within (10) working days after which gave rise t o the originated or occurred. However, expressly understood that the of this clause not. be used t o institute a grievance directly affecting an employee or employees which employee or could themselves i n i t i a t e as an individual or grievance and regular grievance procedure not. be thereby arising from the interpretation, application administration receipt of the health and welfare benefits shall reply in Step Should any grievance not be as follows: submitted within the Union shall f i l e a written grievance that an. alleged exists. For a copy time limits specified this Article, it will be considered to have been settled on the basis of the grievance shall the insurers. within ten (10) days of filing a grievance, the parties shall meet with a view t o resolving Corporation's last reply to the grievance. If no written answer has been given to the grievance is not resolved, as aforesaid, or i f the parties t o meet within the time limits specified, the employee shall be referred t o a single be selected alternately from entitled to process the list of arbitrators hereinafter provided. arbitrator shall i n discretion, determine matter to the most expeditious manner of resolving the dispute consistent each party reasonable t o present case. The arbitrator dispense with an only written submissions; hear evidence or submissions by conference call ; receive by take such other s t e p s as may be i n opinion the may i n his or her attempt assist parties i n settling the dispute. arbitrators for t h i s process be If additional arbitrators a r t necessary, shall seized t o appoint these, i f the parties are t h e arbitrator shall render a decision within ten (10) days of completion of hearing. Written reasons are not required. Oral decisions i n writing be given. the fees expenses of the shall be equally by the employer and the Union i n where the benefit is self - insured and the insurer:; and the Union the benefit. is insured. this process shall commence immediately for a l l self - insured Upon the of any contracts of insurance f o r this process shall then apply t o insured I t .is responsibility of t o obtain includes an agreement insurer t o be bound process. If the employer f a i l s t o obtain the agreement of an the shall proceed as though it is a self - insured benefit. the parties agree that the decision of an hereunder shall be final shall not appealed or judicially reviewed by party. The purpose of waiving any appeal rights or rights of review is t o avoid the cost and expense the of these rights. the decision of the arbitrator shall not have any value as a precedent a subsequent i f i n the of a grievance raises an issue which should be decided by the: form of grievance arbitration provided by collective Agreement for a l l other grievances, upon the consent of parties or i f such consent is not the approval of Xxxxxx such t o be obtained by a conference c a l l , the grievance shall be transferred t o the ordinary process. not Any such already under way, i n respect of which an arbitrator appointed shall proceed under t h i s process,next stage including arbitration.

Appears in 1 contract

Samples: Collective Agreement

STEP. An If an employee having has a question or complaint grievance, the Shop Xxxxxxx and Xxxxxxx shall refer initially discuss such grievance in an attempt to the matter to the employee's satisfaction. In the event that the Shop Xxxxxxx and Xxxxxxx are unable to resolve the grievance, it his immediate supervisor shall be dealt with in accordance with Step If an employee has a grievance which is not resolved at Step a meeting shall be held between a representative of the Employer together with a representativeof the Union within five (5) calendar days of the actual occurrence leading to discussion at Step The representative of the or complaint. At this stage, the employee may be accompanied by a Union Xxxxxxx, if he so desires. The supervisor Employer shall give his reply to the employee giving representative of the answer to the complaint or question as soon as possible, but no later than five (5) calendar days from the date of submission. If action is to be the grievance shall be submitted in to the Administrator or his designate Union within five (5) calendar days of such meeting. the receipt Employer representative’s is not satisfactory the next step must be taken within twenty (20) days after the of the supervisor's reply. This include the nature representative of the Grievance Employer’s reply to the representativeof the Union, but not thereafter. h the event that the grievance is not settled at Step the party having carriage of the grievance must request arbitration of the grievance by giving notice in writing to the other party within twenty (20)days from the of the decision at Step to the representativeof the Union, but not thereafter. If the request for arbitration is not so given, within such twenty (20)day period, the decision at Step shall be final and the remedy soughtbinding upon both parties to this Agreement, and upon any employee invoked. The Administrator or his designate notice to arbitrate shall have five ( 5 ) calendar days the facts giving rise to study the matter and make his replygrievance; the Articles of the Agreement claimed violated; the relief requested. Should For the Administrator or his designate fail to render his decision as required in Step or failing settlement purpose of any arbitrating a grievance arising under the foregoing procedure arising from the interpretation, application, administration or alleged violation provisions of this Agreement, including any question as to whether a matter it is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within ten (10) calendar days following the meeting under Step of the Grievance Procedure, the grievance agreed that Xxxxxx shall be deemed the Impartial Chairman or Arbitrator during the term of this Agreement and that his appointment can be terminated by the consent in writing of both parties to have been abandoned and the same grievance this Agreement. The Impartial Arbitrator appointed herein shall not be authorized to make any decision inconsistent with the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreement of the parties. Sundays and paid holidays designated under provisions of this Agreement will nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not be counted specifically assigned to it by the notice to as specified in the time within which any action is t o be taken or completed under each Step of the steps of the Grievance ProcedureArticle hereof. The Union may i n s t i t u t e a consisting of an of a general misinterpretation or a violation by the Employer of Agreement writing a t Step Two ( 2 ) the grievance! procedure, that it is within (10) working days after which gave rise t o the originated or occurred. However, expressly understood that the of this clause not. be used t o institute a grievance directly affecting an employee or employees which employee or could themselves i n i t i a t e as an individual or grievance and regular grievance procedure not. be thereby arising from the interpretation, application administration of the health and welfare benefits shall be as follows: the Union shall f i l e a written grievance that an. alleged exists. For a copy of the grievance shall the insurers. within ten (10) days of filing a grievance, the parties shall meet with a view t o resolving the grievance. grievance is not resolved, as aforesaid, or i f the parties t o meet within the time the shall be referred t o a single be selected alternately from the list of arbitrators hereinafter provided. arbitrator shall i n discretion, determine the most expeditious manner of resolving the dispute consistent each party reasonable t o present case. The arbitrator dispense with an only written submissions; hear evidence or submissions by conference call ; receive by take such other s t e p s as may be i n opinion the may i n his or her attempt assist parties i n settling the dispute. arbitrators for t h i s process be If additional arbitrators a r t necessary, shall seized t o appoint these, i f the parties are t h e arbitrator shall render a decision within ten (10) days of completion of hearing. Written reasons are not required. Oral decisions i n writing be given. the fees expenses of the shall be equally by the employer and the Union i n where the benefit is self - insured and the insurer:; and the Union the benefit. is insured. this process shall commence immediately for a l l self - insured Upon the of any contracts of insurance f o r this process shall then apply t o insured I t .is responsibility of t o obtain includes an agreement insurer t o be bound process. If the employer f a i l s t o obtain the agreement of an the shall proceed as though it is a self - insured benefit. the parties agree that the fees and charges of the Impartial Arbitrator shall be borne equally by the two parties hereto. The arbitrator shall hear and determine the matter and shall issue a decision of an hereunder which shall be final shall not appealed or judicially reviewed by party. The purpose of waiving any appeal rights or rights of review is t o avoid the cost and expense the of these rights. the decision of the arbitrator shall not have any value as a precedent a subsequent i f i n the of a grievance raises an issue which should be decided by the: form of grievance arbitration provided by collective Agreement for a l l other grievances, binding upon the consent of parties or i f such consent is not the approval of Xxxxxx such t o be obtained and upon any employee affected by a conference c a l l , the grievance shall be transferred t o the ordinary process. not Any such already under way, i n respect of which an arbitrator appointed shall proceed under t h i s process,it.

Appears in 1 contract

Samples: Collective Bargaining Agreement

STEP. An employee having a question If the dispute or complaint shall refer it his immediate supervisor grievance is not satisfactorily settled by Step then the dispute or grievance may be reduced to writing and presented, within five (5) calendar working days of the actual occurrence leading answer at Step to the next appropriate management level or complaintdesignee. At this stageShould there be more than one member of management present at the conference, the employee may be accompanied by Union may, at its discretion, have an equal number of Union Stewards attend. Management shall render a Union Xxxxxxxdecision in writing stating the reasons therefore, if he so desires. The supervisor shall reply to the employee giving the answer to the complaint or question as soon as possible, but no later than five (5) calendar days from the date of submission. If action is to be the grievance shall be submitted in to the Administrator or his designate within five (5) calendar working days of the receipt of the supervisor's reply. This include the nature of the Grievance and the remedy sought. The Administrator or his designate shall have five ( 5 ) calendar days to study the matter and make his reply. Should the Administrator or his designate fail to render his decision as required in Step or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Unionreceipt. If no written request for arbitration such dispute or grievance is received not satisfactorily settled by Step then the dispute or grievance may, within an additional two (2) working days, be further presented in writing to the Director of Manufacturing or their designee. A conference shall be held within ten (10) calendar working days following from receipt of the meeting under grievance between the Union Xxxxxxx and Company. A decision in writing shall be rendered within five (5) working days of the conference. If such dispute or grievance is not satisfactorily settled by Step within an additional five (5) working days, then the dispute or grievance shall be submitted to arbitration if either the Union or the Company so requests in writing within an additional thirty (30) days. If such request for arbitration is made, then the arbitration shall proceed before a single arbitrator in accordance with Article hereof. Such written request shall propose three (3) potential arbitrators. An employee has the right to be represented by a Union Xxxxxxx at all steps of the grievance procedure. The employee involved in the particular dispute or grievance may be present at Steps or at the arbitration only at the request of either the Company or the Union. Every dispute or grievance shall be conclusively deemed abandoned unless the grievance set forth above is timely followed, it being under- stood that the time limits set forth above are of the essence. The Union or the Company may initiate a grievance in writing at Step of the Grievance Procedure, the grievance procedure. Such grievance shall be deemed to have been abandoned and a policy grievance in connection with the same grievance shall not be the subject matter administration, interpretation, alleged violation, or application of a further grievancethis Agreement. Any of the The time allowances above limits set out in this Article may be extended only by mutual agreement of the parties. Sundays and paid holidays designated under of this Agreement will not be counted in the time within which any action is t o be taken or completed under each of the steps of the Grievance Procedure. The Union may i n s t i t u t e a consisting of an of a general misinterpretation or a violation by the Employer of Agreement writing a t Step Two ( 2 ) the grievance! procedure, that it is within (10) working days after which gave rise t o the originated or occurred. However, expressly understood that the of this clause not. be used t o institute a grievance directly affecting an employee or employees which employee or could themselves i n i t i a t e as an individual or grievance and regular grievance procedure not. be thereby arising from the interpretation, application administration of the health and welfare benefits shall be as follows: the Union shall f i l e a written grievance that an. alleged exists. For a copy of the grievance shall the insurers. within ten (10) days of filing a grievance, the parties shall meet with a view t o resolving the grievance. grievance is not resolved, as aforesaid, or i f the parties t o meet within the time the shall be referred t o a single be selected alternately from the list of arbitrators hereinafter provided. arbitrator shall i n discretion, determine the most expeditious manner of resolving the dispute consistent each party reasonable t o present case. The arbitrator dispense with an only written submissions; hear evidence or submissions by conference call ; receive by take such other s t e p s as may be i n opinion the may i n his or her attempt assist parties i n settling the dispute. arbitrators for t h i s process be If additional arbitrators a r t necessary, shall seized t o appoint these, i f the parties are t h e arbitrator shall render a decision within ten (10) days of completion of hearing. Written reasons are not required. Oral decisions i n writing be given. the fees expenses of the shall be equally by the employer and the Union i n where the benefit is self - insured and the insurer:; and the Union the benefit. is insured. this process shall commence immediately for a l l self - insured Upon the of any contracts of insurance f o r this process shall then apply t o insured I t .is responsibility of t o obtain includes an agreement insurer t o be bound process. If the employer f a i l s t o obtain the agreement of an the shall proceed as though it is a self - insured benefit. the parties agree that the decision of an hereunder shall be final shall not appealed or judicially reviewed by party. The purpose of waiving any appeal rights or rights of review is t o avoid the cost and expense the of these rights. the decision directions of the arbitrator shall not have any value as a precedent a subsequent i f i n Company which are the subject of a grievance raises an issue which should be decided by the: form of grievance arbitration provided by collective Agreement for a l l other grievances, upon the consent of parties dispute or i f such consent is not the approval of Xxxxxx such t o be obtained by a conference c a l l , the grievance shall be transferred t o complied with pending the ordinary processprocessing and arbitration of such dispute or grievance. not Any such already under wayAn employee summoned for a meeting will be told if the meeting is to be for disciplinary reasons. If so, i n respect or if a discussion evolves into a disciplinary meeting, the supervisor shall inform the employee of which an arbitrator appointed shall proceed under t h i s process,their right to request the presence of a Union Xxxxxxx.

Appears in 1 contract

Samples: Collective Agreement

STEP. An The employee having with the assistance of a question or complaint shall refer it his Union Xxxxxxx, if desired, must submit a written grievance, signed and dated by the employee, to her immediate supervisor. The immediate supervisor will deliver her decision in writing within five working days following the day on which the written grievance was presented to her. Copies of the immediate reply shall be forwarded to the and the Union Xxxxxxx. Failing settlement, then: Within five (5) working days following the decision in Step the employee must submit the written grievance to the Manager of Human Resources and Administration. Within five (5) working days of receipt of the grievance by the Manager of Human Resources and Administration, unless extended by mutual agreement of the parties in writing, a meeting shall be held between the Employer, an official of the Union, the and the Xxxxxxx at which time the grievance shall be discussed. The decision of the Employer shall be given in writing within five (5) calendar working days following this meeting. Copies of the actual occurrence leading reply shall be forwarded to the or complaintand the Union Representative. At this stageFailing settlement under the foregoing procedure, either party may submit the employee may be accompanied by a Union Xxxxxxx, if he so desires. The supervisor shall reply matter to the employee giving the answer to the complaint or question as soon as possible, but no later than five (5) calendar days from the date of submission. If action is to be the grievance shall be submitted in to the Administrator or his designate arbitration within five (5) calendar working days of after the receipt of the supervisor's reply. This include the nature of the Grievance and the remedy sought. The Administrator or his designate shall have five ( 5 ) calendar days to study the matter and make his reply. Should the Administrator or his designate fail to render his decision as required in under Step or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Uniongiven. If no written request for arbitration is received within ten such five (105) calendar working days following the meeting under Step of the Grievance Procedureperiod, unless extended by mutual agreement, the grievance shall be deemed to have been abandoned abandoned. A grievance or complaint arising directly between the Employer and the same grievance shall not Union concerning the interpretation, application or alleged violation of the Agreement must be originated at Step within five working days following the subject matter of a further circumstances giving rise to the grievance. Any of Failing settlement under Step within five (5) working days, the time allowances above grievance may be extended by mutual agreement of the parties. Sundays and paid holidays designated under of this Agreement will not be counted submitted to arbitration in the time within which any action is t o be taken or completed under each of the steps of the Grievance Procedure. The Union may i n s t i t u t e a consisting of an of a general misinterpretation or a violation by the Employer of Agreement writing a t Step Two ( 2 ) the grievance! procedureaccordance with Article However, that it is within (10) working days after which gave rise t o the originated or occurred. However, expressly understood that the provisions of this clause not. Article may not be used t o by the Union to institute a grievance or complaint directly affecting an employee or employees which employee or she could themselves i n i t i a t e as an individual or grievance have instituted herself and the regular grievance procedure not. shall not be thereby arising from by-passed. Where the interpretationgrievance is an Employer grievance, application administration of the health and welfare benefits it shall be as follows: filed in writing with the Union and the Union shall f i l e a written grievance that an. alleged exists. For a copy give its reply within five working days following receipt of the grievance shall the insurers. within ten (10) days of filing a grievance, the parties shall meet with a view t o resolving the grievance. grievance is not resolved, as aforesaid, or i f the parties t o meet within the time the shall be referred t o a single be selected alternately from the list of arbitrators hereinafter provided. arbitrator shall i n discretion, determine the most expeditious manner of resolving the dispute consistent each party reasonable t o present case. The arbitrator dispense with an only written submissions; hear evidence or submissions by conference call ; receive by take such other s t e p s as may be i n opinion the may i n his or her attempt assist parties i n settling the dispute. arbitrators for t h i s process be If additional arbitrators a r t necessary, shall seized t o appoint these, i f the parties are t h e arbitrator shall render a decision within ten (10) days of completion of hearing. Written reasons are not required. Oral decisions i n writing be given. the fees expenses of the shall be equally by the employer and the Union i n where the benefit is self - insured and the insurer:; and the Union the benefit. is insured. this process shall commence immediately for a l l self - insured Upon the of any contracts of insurance f o r this process shall then apply t o insured I t .is responsibility of t o obtain includes an agreement insurer t o be bound process. If the employer f a i l s t o obtain the agreement of an the shall proceed as though it is a self - insured benefit. the parties agree that the decision of an hereunder shall be final shall not appealed or judicially reviewed by party. The purpose of waiving any appeal rights or rights of review is t o avoid the cost and expense the of these rights. the decision of the arbitrator shall not have any value as a precedent a subsequent i f i n the of a grievance raises an issue which should be decided by the: form of grievance arbitration provided by collective Agreement for a l l other grievances, upon the consent of parties or i f such consent is not the approval of Xxxxxx such t o be obtained by a conference c a l l , the grievance shall be transferred t o the ordinary process. not Any such already under way, i n respect of which an arbitrator appointed shall proceed under t h i s process,.

Appears in 1 contract

Samples: Collective Agreement

STEP. An employee having a question or complaint At this the written grievance shall refer it his immediate supervisor within five (5) calendar days the actual occurrence leading be presented to the Industrial Relations Manager or complainthis designate, within the four (4)days of receipt of the department manager's reply but not thereafter. At this stageA meeting will be held between the grievance committee together with the the Industrial Relations Manager, together with other of management within four days of the employee presentation of the written grievance to the Industrial Relations Manager. A staff representative of the Union may be accompanied present at such a meeting if requested by a Union Xxxxxxx, if he so desireseither party. The supervisor Industrial Relations Manager shall give his written reply to the employee giving xxxxxxx within four days of such meeting. If the answer Industrial Relations Manager's reply is satisfactory to the complaint or question as soon as possible, but no later than five (5) calendar days from the date of submission. If action is to be the grievance shall be submitted in to the Administrator or his designate within five (5) calendar days of the receipt of the supervisor's reply. This include the nature of the Grievance and the remedy sought. The Administrator or his designate shall have five ( 5 ) calendar days to study the matter and make his reply. Should the Administrator or his designate fail to render his decision as required in Step or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within ten (10) calendar days following the meeting under Step of the Grievance Procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreement of the parties. Sundays and paid holidays designated under of this Agreement will not be counted in the time within which any action is t o next step must be taken or completed under each of the steps of the Grievance Procedure. The Union may i n s t i t u t e a consisting of an of a general misinterpretation or a violation by the Employer of Agreement writing a t Step Two ( 2 ) the grievance! procedure, that it is within (10) working days after which gave rise t o the originated or occurred. However, expressly understood that the of this clause not. be used t o institute a grievance directly affecting an employee or employees which employee or could themselves i n i t i a t e as an individual or grievance and regular grievance procedure not. be thereby arising from the interpretation, application administration of the health and welfare benefits shall be as follows: the Union shall f i l e a written grievance that an. alleged exists. For a copy of the grievance shall the insurers. within ten (10) days after the delivery of filing a grievance, the parties shall meet with a view t o resolving Relations reply to the grievancexxxxxxx but not thereafter. In the event the grievance is not resolvedsettled at Step party having carriage of grievance shall request arbitration of grievance by giving notice in writing to the party within ten days from the delivery of the decision at Step If the request for arbitration is not so given, as aforesaidwithin such ten day period, or i f the parties t o meet within the time the decision at Step shall be referred t o a single final and binding upon both parties to this Agreement, and upon any employee involved. notice to arbitrate shall contain the name and of the moving party's nominee to the Board and shall specify all of the outstanding issues of the written to be selected alternately from dealt with by the list Board and the remedy sought. party giving such notice shall be bound by same and shall be restricted to arbitrate the issues presented by the The recipient of arbitrators hereinafter provided. arbitrator the notice shall i n discretion, determine the most expeditious manner of resolving the dispute consistent each party reasonable t o present case. The arbitrator dispense with an only written submissions; hear evidence or submissions by conference call ; receive by take such other s t e p s as may be i n opinion the may i n his or her attempt assist parties i n settling the dispute. arbitrators for t h i s process be If additional arbitrators a r t necessary, shall seized t o appoint these, i f the parties are t h e arbitrator shall render a decision within ten (10) advise the other party, in writing, of the name of the appointee to the arbitration board. The two (2) appointees so selected shall, within five (5) days of completion the appointment of hearing. Written reasons are not required. Oral decisions i n writing second of them, appoint a third person who shall be given. the fees expenses If the two (2) appointees fail to agree upon a within the time limited, the Ministry of Labour for Ontario shall if requested, within the five days from the of the date upon which the two (2) appointees are to a but not thereafter, xxxxxxxxx appoint x person to be chairman. The arbitration board shall hear and the matter and shall issue a decision which shall final and binding upon the.parties and upon any affected by it. The decision of the majority shall be equally by the employer and the Union i n where the benefit is self - insured and the insurer:; and the Union the benefit. is insured. this process shall commence immediately for a l l self - insured Upon the of any contracts of insurance f o r this process shall then apply t o insured I t .is responsibility of t o obtain includes an agreement insurer t o be bound process. If the employer f a i l s t o obtain the agreement of an the shall proceed as though it is a self - insured benefit. the parties agree that the decision of an hereunder shall be final shall not appealed or judicially reviewed by party. The purpose of waiving any appeal rights or rights of review is t o avoid the cost and expense the of these rights. the decision of the arbitrator arbitration board, but there no majority decision, the decision of the chairman shall govern. The arbitration board shall not have be authorized to make any value as decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend part of this Agreement, nor to adjudicate any not specifically assigned to him by the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs of and incidental. to any arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two parties hereto. The time limits and other procedural set out in this Article are mandatory and not merely directory, therefore, failure to put a precedent writing at the proper step in accordance the requirements hereof shall be deemed a subsequent i f i n the waiver and abandonment of a grievance raises an issue which should be decided by the: form of grievance arbitration provided by collective Agreement for a l l other grievances, upon the consent of parties or i f such consent is not the approval of Xxxxxx such t o be obtained by a conference c a l l , the grievance by the Any grievance not appealed from one step of the procedure to the next within the specified limit shall be transferred t o deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the ordinary process. not Any such already under way, i n respect of which an arbitrator appointed shall proceed under t h i s process,grievance procedure within the time The time limits in this Article may be if both parties agree.

Appears in 1 contract

Samples: Collective Agreement

STEP. An Within five days of receipt of the reply at the Complaint Stage (or the by which a reply should have been received if no reply is received), the employee having may, with the assistance of a question xxxxxxx or complaint Union Committee Representative, unless the employee directs otherwise, refer matter to the designated by the Employer for this purpose. This shall refer it his immediate supervisor respond the grievance within fen days of receipt of the grievance is not to be considered as settled on basis of the reply given in Step the employee may, the assistance of a or Union Committee representative, unless the employee directs otherwise, shall within five (5) calendar days of receipt of the actual occurrence leading Step answer refer the matter to the or complaint. At this stage, the employee may be accompanied by Director of Education in that a Union Xxxxxxx, if he so desiresgrievance meeting is requested. The supervisor Director of Education and two (2)other representatives of the board administration, shall reply meet with up to three (3)members of the employee giving Union including the should the wish to attend meeting, within fourteen (14) days of receipt of the notice. The Director of Education or designee, shall provide a written answer to the complaint or question as soon as possible, but no later than five within twenty (520) calendar days from the date of submission. If action is to be the grievance shall be submitted in to the Administrator or his designate within five (5) calendar days of the meeting being held. If final settlement of a grievance is not reached at Step within ten days of receipt of the supervisor's reply. This include reply at Step (or the nature date by which a reply should have been received if no reply is received), the Union may process the grievance to Arbitration in accordance with Article Notwithstanding the provisions of clause time spent by an employee at and of the Grievance and grievance procedure shall be deemed be time worked if Any grievance instituted by the remedy sought. The Administrator or his designate shall have five ( 5 ) calendar days to study the matter and make his reply. Should the Administrator or his designate fail to render his decision as required in Step or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance Employer may be referred to arbitration by either the Chairperson of the Union Committee within twenty days of the occurrence of the circumstances giving rise to the grievance. The Union Committee shall meet with representatives of the Employer or within ten days of receipt of the Uniongrievance. If no written request for arbitration is received The Union Committee shall give a reply to the Employer within ten (10) calendar days following the meeting under Step days, or earlier if possible, of the Grievance Procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievanceaforementioned meeting. Any of the time allowances above may be extended by mutual agreement of the parties. Sundays and paid holidays designated under of this Agreement will not be counted in the time within which any action is t o be taken or completed under each of the steps of the Grievance Procedure. The Union may i n s t i t u t e a consisting of an of a general misinterpretation or a violation by the Employer of Agreement writing a t Step Two ( 2 ) the grievance! procedure, that it is within (10) working days after which gave rise t o the originated or occurred. However, expressly understood that the of this clause not. be used t o institute a grievance directly affecting an employee or employees which employee or could themselves i n i t i a t e as an individual or grievance and regular grievance procedure not. be thereby arising from the interpretation, application administration of the health and welfare benefits shall be as follows: the Union shall f i l e a written grievance that an. alleged exists. For a copy If final settlement of the grievance shall the insurers. is not reached, within ten (10) days of filing of the reply (or the date by which a grievancereply should have been received if no reply is received), the parties shall meet with a view t o resolving the grievance. grievance is not resolved, as aforesaid, or i f the parties t o meet within the time the shall be referred t o a single be selected alternately from the list of arbitrators hereinafter provided. arbitrator shall i n discretion, determine the most expeditious manner of resolving the dispute consistent each party reasonable t o present case. The arbitrator dispense with an only written submissions; hear evidence or submissions by conference call ; receive by take such other s t e p s as Employer may be i n opinion the may i n his or her attempt assist parties i n settling the dispute. arbitrators for t h i s process be If additional arbitrators a r t necessary, shall seized t o appoint these, i f the parties are t h e arbitrator shall render a decision within ten (10) days of completion of hearing. Written reasons are not required. Oral decisions i n writing be given. the fees expenses of the shall be equally by the employer and the Union i n where the benefit is self - insured and the insurer:; and the Union the benefit. is insured. this process shall commence immediately for a l l self - insured Upon the of any contracts of insurance f o r this process shall then apply t o insured I t .is responsibility of t o obtain includes an agreement insurer t o be bound process. If the employer f a i l s t o obtain the agreement of an the shall proceed as though it is a self - insured benefit. the parties agree that the decision of an hereunder shall be final shall not appealed or judicially reviewed by party. The purpose of waiving any appeal rights or rights of review is t o avoid the cost and expense the of these rights. the decision of the arbitrator shall not have any value as a precedent a subsequent i f i n the of a grievance raises an issue which should be decided by the: form of grievance arbitration provided by collective Agreement for a l l other grievances, upon the consent of parties or i f such consent is not the approval of Xxxxxx such t o be obtained by a conference c a l l , the grievance shall be transferred t o the ordinary process. not Any such already under way, i n respect of which an arbitrator appointed shall proceed under t h i s process,to Arbitration in accordance with Article

Appears in 1 contract

Samples: Collective Bargaining Agreement