Common use of STEP Clause in Contracts

STEP. It is generally understood that an employee shall give their immediate Foreperson an opportunity to adjust the complaint or grievance. The Foreperson shall render their decision within two (2) working days. Failing satisfactory settlement or a response from the Foreperson within the specified time, then: The grievance will be reduced to writing and will be taken up between the Xxxxxxx, a member of the Union Committee and the General Manager or a designate within two (2) working days. Such meetings will take place at Any rescheduling of this time will be with the mutual agreement of both par- ties. The aggrieved may be present at the request of either party. The General Manager or a designate shall render their decision within two (2) working days. Failing a satisfactory settlement or a response the General Manager or a designate within the The matter may be taken up within four (4) full working days between the Union Committee member and the President or a designate. The aggrieved may be present at the request of either party. A representa- tive of the Union may be present at this step at the request of either party. The President or a designate shall render their decision in writing within three (3) working days. Failing satisfactory settlement at Step or a response from the President or a designate within the specified time, the grievance may be submitted to arbitration. If arbitration is not invoked within a peri- od of twenty (20) working days, the grievance will be considered to have been settled or abandoned. A Union Policy grievance, a group grievance or a Company grievance may be submitted to the Company or the Union, as the case may be, within three (3) working days of the circumstances giving rise to a grievance. A meeting between the Company and the Union shall be held within five (5) working days of the presentation of the written grievance. If the matter is not disposed of at that meeting, the grievance may be submitted to arbitration within twenty (20) days of such meeting and Article shall apply. It is expressly understood that the provi- sions of this paragraph may not be used by the Union to bypass any of the provisions stated in Article It is agreed that all time limits in Articles and are mandatory and the only extensions of time limits will be by the Union and Company them- selves, notwithstanding the section of the Labour Relations Act, which refers to an Arbitrator’s authori- ty on time limits. Any and all time limits fixed by this article may at any time be extended by verbal and or writ- ten agreement between the Company and the Union. In the event that no accord is reached through the procedure herein provided in Article the par- ties shall endeavour to agree upon a single Arbitrator to whom the grievance or grievances shall be referred for settlement. In the event of failure to agree, after twenty (20) days, either party can request the appointment of an Arbitrator by the Office of Arbitration for the Province of Ontario. The Arbitrator will hear and determine the difference or allegation and shall issue a decision and that decision is final and binding upon the parties and upon the Company and any employee affected by it. The Arbitrator shall not be authorized to make any decision which is contrary to or inconsistent with the provisions of the Agreement. The decision of the Arbitrator shall be binding on both parties. The compensation and expenses of the Arbitrator shall, in all cases, be borne equally by the Company and the Union. It is expressly understood that the Arbitrator shall not have jurisdiction to award interest on any monies payable by virtue of their award.

Appears in 1 contract

Samples: Collective Bargaining Agreement

STEP. It is generally understood that an employee shall give their immediate Foreperson an opportunity to adjust If a settlement has not been reached under Step No. the complaint or grievance. The Foreperson shall render their decision within two (2) working days. Failing satisfactory settlement or a response from the Foreperson within the specified time, then: The grievance will be reduced to writing and will be taken up between the Xxxxxxx, a member of the Union Committee and the General Manager or a designate within two (2) working days. Such meetings will take place at Any rescheduling of this time will be with the mutual agreement of both par- ties. The aggrieved Xxxxxxx may be present at the request of either party. The General Manager or a designate shall render their decision within two (2) working days. Failing a satisfactory settlement or a response the General Manager or a designate within the The matter may be taken up within four (4) full working days between the Union Committee member and the President or a designate. The aggrieved may be present at the request of either party. A representa- tive of the Union may be present at this step at the request of either party. The President or a designate shall render their decision in writing within three (3) working days. Failing satisfactory settlement at Step or a response from the President or a designate within the specified time, refer the grievance to Union Grievance Committee, which may be submitted to arbitration. If arbitration is not invoked within a peri- od of twenty (20) working days, the grievance will be considered to have been settled or abandoned. A Union Policy grievance, a group grievance or a Company grievance may be submitted to the Company or the Union, as the case may be, within three (3) working days of the circumstances giving rise to a grievance. A meeting between the Company and the Union shall be held within five (5) working days of the presentation Director’s reply refer the grievance to the Director of Human Resources. Within eight (8) working days the Director of Human Resources or hidher nominee with such other representation as may be chosen to represent the Employer shall meet with the and the Union Grievance Committee to discuss the grievance. At this meeting a full-time representative of the written grievanceUnion may be present, if presence is requested by the Employer or the Union. Written reply to the grievance shall be given to the Union and the Chief Xxxxxxx within five (5) working days such meeting with a copy to the Chief Xxxxxxx and the Recording Secretary of the Local. If the matter a grievance is not disposed settled to the satisfaction of at that meetingeither party to this Agreement by the procedure outlined above, then either party may within ten (I 0) working days of the reply of the Director of Human Resources refer the grievance to Arbitration in accordance with the provisions contained in Article Any of the time allowances provided in this Article may be submitted extended by mutual agreement in writing between the Union and the Employer and a copy to the Recording Secretary. Any grievance not initiated or appealed at any stage of the grievance procedure including reference to arbitration within twenty (20) days of such meeting and Article the time limits stipulated shall apply. It is expressly understood that be considered on the provi- sions of this paragraph may not be used by the Union to bypass any basis of the provisions stated in Article It is agreed that all time limits in Articles last decision and are mandatory and the only extensions of time limits will be by the Union and Company them- selves, notwithstanding the section not subject to further appeal. Section of the Labour Relations Act, which refers Chapter as amended, shall not apply to this Agreement. An employee’s earnings shall be corrected by the second pay following the resolution of a grievance concerning an Arbitratoremployee’s authori- ty on time limitswages where the grievance is resolved in the employee’s favour. Any and all time limits fixed by this article may at any time correction of or more will be extended by verbal and or writ- corrected within ten agreement between the Company and the Union. In the event that no accord is reached through the procedure herein provided in Article the par- ties shall endeavour to agree upon a single Arbitrator to whom the grievance or grievances shall be referred for settlement. In the event of failure to agree, after twenty (20) working days, either party can request the appointment of an Arbitrator by the Office of Arbitration for the Province of Ontario. The Arbitrator will hear and determine the difference or allegation and shall issue a decision and that decision is final and binding upon the parties and upon the Company and any employee affected by it. The Arbitrator shall not be authorized to make any decision which is contrary to or inconsistent with the provisions of the Agreement. The decision of the Arbitrator shall be binding on both parties. The compensation and expenses of the Arbitrator shall, in all cases, be borne equally by the Company and the Union. It is expressly understood that the Arbitrator shall not have jurisdiction to award interest on any monies payable by virtue of their award.

Appears in 1 contract

Samples: Collective Agreement

STEP. It is generally understood that an the employee shall give their immediate Foreperson an opportunity to adjust be dissatisfied with the complaint or grievance. The Foreperson shall render their decision within two (2) working days. Failing satisfactory settlement or a response from the Foreperson within the specified time, then: The grievance will be reduced to writing and will be taken up between the Xxxxxxx, a member supervisor's disposition of the Union Committee and the General Manager or a designate within two (2) working days. Such meetings will take place at Any rescheduling of this time will be he may, with the mutual agreement assistance of both par- ties. The aggrieved may be present at his committee person, refer such matters on a written grievance form supplied by the request of either party. The General Manager or a designate Employer to his immediate supervisor, who shall render their decision within two (2) working days. Failing a satisfactory settlement or a response answer the General Manager or a designate within the The matter may be taken up within four (4) full working days between the Union Committee member and the President or a designate. The aggrieved may be present at the request of either party. A representa- tive of the Union may be present at this step at the request of either party. The President or a designate shall render their decision grievance, in writing within writing, with- in three (3) working days. Failing satisfactory settlement The complaint shall constitute a formal grievance at Step or a response from the President or a designate within the specified time, the grievance may and shall be submitted to arbitration. If arbitration is not invoked within a peri- od of twenty (20) working days, the grievance will be considered to have been settled or abandoned. A Union Policy grievance, a group grievance or a Company grievance may be submitted to the Company or the Union, as the case may be, within filed no later than three (3) working days from the date of the circumstances giving rise immediate supervisor's reply to the complaint. The grievance shall contain a statement of the facts relied upon, indicate the Articles of the Agreement which are alleged t have been vio- lated, indicate the relief sought and must be signed by the employee. Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the department who shall answer the grievance in writing, within two (2 )working days. The grievance must be tiled with the department within two (2) working days of the receipt of the immediate supervisor's reply to Step A meeting shall be held, attended by the committee persons, Chairperson and the department within the two day period. 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 department superintendent/ manager. The Grievance Committee and of management meet to discuss the grievance within five (5) days of receipt of the referral. The Grievance Committee shall con- sist of the Chairperson and the area committee person responsible for the grievance. A meeting between The Union's National Representative and/or the Company Union president and the Union shall may be held in attendance at this meeting. if the griev- ance is not settled it may be referred to arbitration as here- inafter provided. The Employer provide its to the grievance, in writing, within five (5) working days of the presentation of the written grievance. If the matter is not disposed of at that Step meeting, the grievance may be submitted to arbitration within twenty (20) days of such meeting and Article shall apply. It is expressly understood that the provi- sions of this paragraph may not be used by the Union to bypass any of the provisions stated in Article It is agreed that all time limits in Articles and are mandatory and the only extensions of time limits will be by the Union and Company them- selves, notwithstanding the section of the Labour Relations Act, which refers to an Arbitrator’s authori- ty on time limits. Any and all time limits fixed by this article may at any time be extended by verbal and or writ- ten agreement between the Company and the Union. In the event that no accord is reached through the procedure herein provided in Article the par- ties shall endeavour to agree upon a single Arbitrator to whom the grievance or grievances shall be referred for settlement. In the event of failure to agree, after twenty (20) days, either party can request the appointment of an Arbitrator by the Office of Arbitration for the Province of Ontario. The Arbitrator will hear and determine the difference or allegation and shall issue a decision and that decision is final and binding upon the parties and upon the Company and any employee affected by it. The Arbitrator shall not be authorized to make any decision which is contrary to or inconsistent with the provisions of the Agreement. The decision of the Arbitrator shall be binding on both parties. The compensation and expenses of the Arbitrator shall, in all cases, be borne equally by the Company and the Union. It is expressly understood that the Arbitrator shall not have jurisdiction to award interest on any monies payable by virtue of their award.

Appears in 1 contract

Samples: Collective Agreement

STEP. It is generally understood that an The employee shall give their immediate Foreperson an opportunity to adjust the complaint or grievance. The Foreperson shall render their decision within two (2) working days. Failing satisfactory settlement or a response from the Foreperson within the specified time, then: The grievance will be reduced to writing and will be taken up between the Xxxxxxx, a member of the Union Committee and the General Manager or a designate within two (2) working days. Such meetings will take place at Any rescheduling of this time will be with the mutual agreement of both par- ties. The aggrieved may be present at the request of either party. The General Manager or a designate shall render their decision within two (2) working days. Failing a satisfactory settlement or a response the General Manager or a designate within the The matter may be taken up within four (4) full working days between the Union Committee member and the President or a designate. The aggrieved may be present at the request of either party. A representa- tive of the Union may be present at this step at the request of either party. The President or a designate shall render their decision in writing within three (3) working days. Failing satisfactory settlement at Step or a response from the President or a designate within the specified time, the grievance may be submitted to arbitration. If arbitration is not invoked within a peri- od of twenty (20) working days, the grievance will be considered to have been settled or abandoned. A Union Policy grievance, a group grievance or a Company grievance may be submitted to the Company or the Union, as the case may be, within three (3) working days of the circumstances giving rise to a grievance. A meeting between the Company concerned and the Union Xxxxxxx shall be held within ten working days after the date of receiving the Company’s answer, present the grievance in writing to the Branch Manager, who shall give reply within five (5) working days of the presentation of the written grievancein writing. If the matter employee feels that the grievance has not been satisfactorily settled, may proceed to Step At this step the written grievance shall be presented to the General Manager or his designate, within five (5) working days after a decision has been reached at Step A meeting will be held between the grievance committee together with the involved and the General Manager, together with other representatives of management. A staff representative of the Union will also be present at this meeting. The General Manager or his designate shall give his written reply to the Chief Xxxxxxx (a copy also to be faxed to the Union office) within five (5) days of such meeting. If the General Manager’s reply is not disposed of at that meeting, satisfactory to the then the grievance may be submitted referred to arbitration within twenty (20) days of such meeting and Article shall apply. It is expressly understood that the provi- sions of this paragraph may not be used by the Union to bypass any of the provisions stated as outlined in Article It is agreed that all time limits in Articles and are mandatory and the only extensions of time limits will be by the Union and Company them- selves, notwithstanding the section of the Labour Relations Act, which refers to an Arbitrator’s authori- ty on time limits. Any and all time limits fixed by this article may at any time be extended by verbal and or writ- ten agreement between the Company and the UnionStep below. In the event that no accord the grievance is reached through not settled at Step the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to the other party within thirty (30) days from the delivery of the decision at Step to the Chief Xxxxxxx but thereafter. The arbitration procedure herein provided incorporated in Article this agreement shall be based on the par- ties use of a single Arbitrator, which shall endeavour be mutually agreed upon by the parties. If the parties fail to agree upon a single Arbitrator to whom on an Arbitrator, the grievance or grievances appointment shall be referred for settlement. In the event of failure to agree, after twenty (20) days, by either party can request to the appointment Department of an Arbitrator by Labour Canada to name the Office of Arbitration for the Province of Ontario. The Arbitrator will hear and determine the difference or allegation and shall issue a decision and that decision is final and binding upon the parties and upon the Company and any employee affected by it. The Arbitrator shall not be authorized to make any decision which is contrary to or inconsistent with the provisions of the Agreementsole Arbitrator. The decision of the Arbitrator shall be binding on both parties. The compensation and expenses expense of the Arbitrator shallArbitrator, in all cases, if any shall be borne equally in equal shares by the Company and the UnionUnion and shares shall be paid direct to the Arbitrator by each. It is expressly understood that the The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this agreement not to alter, modify, or amend any part of this agreement. A Union policy grievance may be submitted to the Company in writing within five (5) days from the time the circumstances upon which the grievance is based were known or should have jurisdiction been known by the A meeting between the Company and the Union shall be held within a reasonable amount of time of the presentation of the written grievance and shall take place within the framework of Step of Article hereof. The Company shall give its written decision within five (5) days after such meeting has been held. If the decision is unsatisfactory the grievance may be submitted to award interest on any monies payable by virtue arbitration within thirty (30) days of their awardthe delivery of such written decision and the arbitration sections of this agreement shall be followed.

Appears in 1 contract

Samples: Collective Agreement

STEP. It Within ten (10) days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee, with or without a Union Representative, shall present his grievance orally or in writing to the official of the Employer named by the Employer to handle grievances at this Step. If a settlement satisfactory to the Union and the employee concerned is generally understood that an employee shall give their immediate Foreperson an opportunity to adjust the complaint or grievance. The Foreperson shall render their decision not reached within two five (25) working days. Failing satisfactory settlement or a response from the Foreperson within the specified time, then: The grievance will be reduced to writing and will be taken up between the Xxxxxxx, a member of the Union Committee and the General Manager or a designate within two (2) working days. Such meetings will take place at Any rescheduling of this time will be with the mutual agreement of both par- ties. The aggrieved grievance may be present presented as indicated in Step at the request of either partyany time within five (5) days thereafter. The General Manager or a designate shall render their decision within two (2) working days. Failing a satisfactory settlement or a response the General Manager or a designate within the The matter may be taken up within four (4) full working days between the Union Committee member and the President or a designate. The aggrieved may be present at the request of either party. A representa- tive of the Union may be present at At this step at the request of either party. The President or a designate shall render their decision in writing within three (3) working days. Failing satisfactory settlement at Step or a response from the President or a designate within the specified timestep, the grievance may be processed as an individual, joint, employer or union grievance and shall be presented in writing by a Union Xxxxxxx or Representative to the Company Official assigned to handle written grievances. All grievances to be dealt with under Step above shall be in writing on a form supplied by the Union and signed by the employee having such grievance. The Employer shall designate and name the official to whom a written grievance is submitted at Step Written grievance to arbitrationbe valid shall set out the nature of the grievance; the Article or Articles of the Agreement alleged to have been violated and the nature of the remedy sought and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or in the of remedy, by an Arbitration Board. In determining the time which is allowed in the various Steps, Saturday, Sunday, and Statutory Holidays shall be excluded and any time may be extended by mutual agreement in writing. If arbitration advantage of the provisions of Article and hereof is not invoked taken within a peri- od of twenty (20) working daysthe time limits specified therein or as extended in writing as set out above, the grievance will shall be considered deemed to have been settled or abandonedabandoned and may not be re- opened. A Union Policy grievanceNotwithstanding the above, a group grievance or a Company grievance concerning wages and benefits may be submitted to the Company or the Union, as the case may be, presented within three thirty (330) working days of the circumstances giving rise to a grievance. A meeting between the Company and the Union shall be held within five (5) working days of the presentation of the written grievance. If the matter is not disposed of at that meeting, the grievance may be submitted to arbitration within twenty (20) days of such meeting and Article shall apply. It is expressly understood that the provi- sions of this paragraph may not be used by the Union to bypass any of the provisions stated in Article It is agreed that all time limits in Articles and are mandatory and the only extensions of time limits will be by the Union and Company them- selves, notwithstanding the section of the Labour Relations Act, which refers to an Arbitrator’s authori- ty on time limits. Any and all time limits fixed by this article may at any time be extended by verbal and occurred or writ- ten agreement between the Company and the Union. In the event that no accord is reached through the procedure herein provided in Article the par- ties shall endeavour to agree upon a single Arbitrator to whom the grievance or grievances shall be referred for settlement. In the event of failure to agree, after twenty (20) days, either party can request the appointment of an Arbitrator by the Office of Arbitration for the Province of Ontario. The Arbitrator will hear and determine the difference or allegation and shall issue a decision and that decision is final and binding upon the parties and upon the Company and any employee affected by it. The Arbitrator shall not be authorized to make any decision which is contrary to or inconsistent with the provisions of the Agreement. The decision of the Arbitrator shall be binding on both parties. The compensation and expenses of the Arbitrator shall, in all cases, be borne equally by the Company and the Union. It is expressly understood that the Arbitrator shall not have jurisdiction to award interest on any monies payable by virtue of their awardoriginated.

Appears in 1 contract

Samples: Collective Bargaining Agreement

STEP. It is generally understood that an The employee shall give their immediate Foreperson an first take up her grievance with her Supervisor and if the aggrieved employee requests, the Shop Xxxxxxx shall be given the opportunity to adjust the complaint or grievance. The Foreperson shall render their decision within two (2) working days. Failing satisfactory settlement or a response from the Foreperson within the specified time, then: The grievance will be reduced to writing and will be taken up between the Xxxxxxx, a member of the Union Committee and the General Manager or a designate within two (2) working days. Such meetings will take place at Any rescheduling of this time will be with the mutual agreement of both par- ties. The aggrieved may be present at a time to be fixed by the request of either partySupervisor. The General Manager or a designate shall render their decision within two (2) working days. Failing a satisfactory settlement or a response the General Manager or a designate within the The matter may be taken up within four (4) full working days between the Union Committee member and the President or a designate. The aggrieved may be present at the request of either party. A representa- tive of the Union may be present at this step at the request of either party. The President or a designate shall render their decision in writing within three (3) working days. Failing satisfactory settlement at Step or a response from the President or a designate within the specified time, the grievance may be submitted to arbitration. If arbitration is not invoked within a peri- od of twenty (20) working days, the grievance will be considered to have been settled or abandoned. A Union Policy grievance, a group grievance or a Company grievance may be submitted to the Company or the Union, as the case may be, within three (3) working days of the circumstances giving rise to a grievance. A meeting between the Company and the Union Such discussion shall be held within five (5) working days of the presentation of the written grievancedays. If the matter grievance is not disposed settled, it shall, within five (5) working days thereafter, be set forth in writing stating the specific articles of at that meetingthe Agreement allegedly violated, the particulars of the grievance and the redress sought, signed by the employee, and given to her immediate Supervisor. Where two (2) or more employees have identical grievances, they may all sign one (1) grievance. Where additional time is required to investigate whether other employees are affected, the time limit on subsequent signing of the same grievance may be submitted extended as required up to arbitration ten (1 0) working days following the submission of the grievance. The Supervisor shall within twenty five (205) working days after receipt thereof, give her written answer to the grievance If the grievance is not settled at Step No. the Union may appeal it by giving a written notice of such appeal within five (5) working days after receipt of the immediate Supervisor's written answer to the Administrator who shall convene a meeting with the Grievance Committee and Article Union Representative at a time to be fixed by both parties. Such discussion shall applybe held within ten 0) working days or another mutually agreeable time. It The Administrator or her designated Representative shall give her written answer to the grievance within ten working days after the close of the discussions If the grievance is expressly understood that the provi- sions not settled at Step No it may be appealed by a written notice of this paragraph may not be used such appeal given by the Union to bypass any the Employer within Seven (7) working days after the receipt of the provisions stated in Article It is agreed that all time limits in Articles and are mandatory and the only extensions of time limits will be by the Union and Company them- selves, notwithstanding the section written answer of the Labour Relations Act, which refers Administrator or her designated Representative to an Arbitrator’s authori- ty on time limits. Any and all time limits fixed by this article may at any time be extended by verbal and or writ- ten agreement between the Company and the Union. In the event that no accord is reached through Arbitration with the procedure and conditions in the Arbitration clause herein provided in Article the par- ties shall endeavour to agree upon a single Arbitrator to whom the grievance or grievances shall be referred for settlement. In the event of failure to agree, after twenty (20) days, either party can request the appointment of an Arbitrator by the Office of Arbitration for the Province of Ontario. The Arbitrator will hear and determine the difference or allegation and shall issue a decision and that decision is final and binding upon the parties and upon the Company and any employee affected by it. The Arbitrator shall not be authorized to make any decision which is contrary to or inconsistent with the provisions of the Agreement. The decision of the Arbitrator shall be binding on both parties. The compensation and expenses of the Arbitrator shall, in all cases, be borne equally by the Company and the Union. It is expressly understood that the Arbitrator shall not have jurisdiction to award interest on any monies payable by virtue of their awardset forth.

Appears in 1 contract

Samples: Collective Agreement

STEP. It If the grievance is generally understood that an employee shall give their immediate Foreperson an opportunity to adjust the complaint or grievance. The Foreperson shall render their decision within two (2) working days. Failing satisfactory settlement or a response from the Foreperson within the specified time, then: The grievance will be reduced to writing and will be taken up between the Xxxxxxx, a member of the Union Committee and the General Manager or a designate within two (2) working days. Such meetings will take place not settled at Any rescheduling of this time will be with the mutual agreement of both par- ties. The aggrieved may be present at the request of either party. The General Manager or a designate shall render their decision within two (2) working days. Failing a satisfactory settlement or a response the General Manager or a designate within the The matter may be taken up within four (4) full working days between the Union Committee member and the President or a designate. The aggrieved may be present at the request of either party. A representa- tive of Step the Union may be present at this step at the request appeal it by giving written notice of either party. The President or a designate shall render their decision in writing within three (3) working days. Failing satisfactory settlement at Step or a response from the President or a designate within the specified time, the grievance may be submitted to arbitration. If arbitration is not invoked within a peri- od of twenty (20) working days, the grievance will be considered to have been settled or abandoned. A Union Policy grievance, a group grievance or a Company grievance may be submitted such appeal to the Company or the Union, as the case may be, within three (3) working days of the circumstances giving rise to a grievance. A meeting between the Company and the Union shall be held Administrator within five (5) working days after receipt of the presentation Supervisor's written answer. The Administrator shall convene a meeting with the Grievance Committee and Union Representative at a time to be fixed by both parties. Such discussion shall be held within ten (10) working days or another mutually agreeable time. The Administrator or her designated representative shall give her written response within seven (7) working days after the close of the discussion. If the grievance is not settled at Step it may be appealed by a written notice of such appeal given by the Union to the Employer within Seven (7) working days after the receipt of the written grievanceanswer of the Administrator or her designated Representative to Arbitration with the procedure and conditions in the Arbitration clause herein after set forth. If Policy Grievance The Union may institute a grievance consisting of an allegation of a general misinterpretationor a violation by the matter Employer of this Agreement affecting the Union. Such grievance shall be filed at Step No of the Grievance Procedure providing that it is not disposed of at that meeting, presented within ten (10) working days the circumstances giving rise to the grievance may be submitted to arbitration within twenty (20) days of such meeting and Article shall applyhave originated or occurred. It However, it is expressly understood that understoodthat the provi- sions provisions of this paragraph clause may not be used by the Union to bypass any of the provisions stated in Article It is agreed that all time limits in Articles and are mandatory institute a grievance directly affecting an employee or employees, which such employee or employees could themselves initiate and the only extensions of time limits will be by the Union and Company them- selves, notwithstanding the section of the Labour Relations Act, which refers to an Arbitrator’s authori- ty on time limits. Any and all time limits fixed by this article may at any time be extended by verbal and or writ- ten agreement between the Company and the Union. In the event that no accord is reached through the procedure herein provided in Article the par- ties shall endeavour to agree upon a single Arbitrator to whom the grievance or grievances shall be referred for settlement. In the event of failure to agree, after twenty (20) days, either party can request the appointment of an Arbitrator by the Office of Arbitration for the Province of Ontario. The Arbitrator will hear and determine the difference or allegation and shall issue a decision and that decision is final and binding upon the parties and upon the Company and any employee affected by it. The Arbitrator regular Grievance Procedure shall not be authorized to make any decision which is contrary to or inconsistent with the provisions of the Agreement. The decision of the Arbitrator shall be binding on both parties. The compensation and expenses of the Arbitrator shall, in all cases, be borne equally by the Company and the Union. It is expressly understood that the Arbitrator shall not have jurisdiction to award interest on any monies payable by virtue of their awardthereby bypassed.

Appears in 1 contract

Samples: Collective Agreement

STEP. It is generally understood that an Should the employee be dissatisfied with the supervisor’s disposition of the complaint, he may, with the assistance of his committee person, refer such matters on a written grievance form supplied by the Employer to his immediate supervisor, who shall give their immediate Foreperson an opportunity to adjust answer the complaint or grievance, in writing, within three (3) working days. The Foreperson complaint shall render their decision constitute a formal grievance at Step and shall be filed no later than three (3) working days from the date of the immediate supervisor’s reply to the complaint. The grievance shall contain a statement of the facts relied upon, indicate the Articles of the Agreement which are alleged to have been violated, indicate the relief sought and must be signed by the employee. Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the department who shall answer the grievance in writing, within two (2) working days. Failing satisfactory settlement or a response from the Foreperson within the specified time, then: The grievance will must be reduced to writing and will be taken up between filed with the Xxxxxxx, a member of the Union Committee and the General Manager or a designate department within two (2) working days. Such meetings will take place at Any rescheduling days of this time will the receipt of the immediate supervisor’s reply to Step A meeting shall be with held, attended by the mutual agreement of both par- ties. The aggrieved may be present at committee persons, Chairperson and the request of either party. The General Manager or a designate shall render their decision department superintendent/ manager within the two (2) working daysday period. Failing a satisfactory If no settlement or a response the General Manager or a designate within the The matter may be taken up within four (4) full working days between the Union Committee member and the President or a designate. The aggrieved may be present at the request of either party. A representa- tive of the Union may be present at this step at the request of either party. The President or a designate shall render their decision in writing within three (3) working days. Failing satisfactory settlement is reached at Step or a response from the President or a designate within the specified time, the grievance may be submitted referred to arbitration. If arbitration is not invoked within a peri- od of twenty (20) working days, the grievance will be considered to have been settled or abandoned. A Union Policy grievance, a group grievance or a Company grievance may be submitted to the Company or the Union, as the case may be, within three (3) working days of the circumstances giving rise to a grievance. A meeting between the Company and the Union shall be held Step within five (5) working days of the presentation receipt of the written reply of the department i The Grievance Committee and representatives of management shall meet to discuss the grievance within five (5) days of receipt of the referral. The Grievance Committee shall consist of the Chairperson and the area committee person responsible for the grievance. The Union’s National Representative and/or the Local Union president and the may be in attendance at this meeting. If the matter grievance is not disposed of at that meeting, the grievance settled it may be submitted referred to arbitration as hereinafter provided. The Employer will provide its reply to the grievance, in writing, within twenty five (20) 5)working days of such meeting and Article shall apply. It is expressly understood that the provi- sions of this paragraph may not be used by the Union to bypass any of the provisions stated in Article It is agreed that all time limits in Articles and are mandatory and the only extensions of time limits will be by the Union and Company them- selves, notwithstanding the section of the Labour Relations Act, which refers to an Arbitrator’s authori- ty on time limits. Any and all time limits fixed by this article may at any time be extended by verbal and or writ- ten agreement between the Company and the Union. In the event that no accord is reached through the procedure herein provided in Article the par- ties shall endeavour to agree upon a single Arbitrator to whom the grievance or grievances shall be referred for settlement. In the event of failure to agree, after twenty (20) days, either party can request the appointment of an Arbitrator by the Office of Arbitration for the Province of Ontario. The Arbitrator will hear and determine the difference or allegation and shall issue a decision and that decision is final and binding upon the parties and upon the Company and any employee affected by it. The Arbitrator shall not be authorized to make any decision which is contrary to or inconsistent with the provisions of the Agreement. The decision of the Arbitrator shall be binding on both parties. The compensation and expenses of the Arbitrator shall, in all cases, be borne equally by the Company and the Union. It is expressly understood that the Arbitrator shall not have jurisdiction to award interest on any monies payable by virtue of their awardStep meeting.

Appears in 1 contract

Samples: Collective Agreement

STEP. It is generally understood that an Within ten (10) working days after the event giving rise to the grievance occurs, the employee and his store xxxxxxx shall discuss the grievance with the Store Manager. The Manager shall give their immediate Foreperson an opportunity oral answer to adjust the complaint or grievance. The Foreperson shall render their decision grievance within two four (24) working days. Failing satisfactory settlement or a response from the Foreperson within the specified time, thensettlement: The grievance will shall be reduced to writing and will be taken up discussed between the XxxxxxxUnion Representative, a member the Store Manager and the District Manager. This discussion will be held within seven (7) working days of the Union Committee and the General Manager or a designate within two (2) working days. Such meetings will take place at Any rescheduling decision of this time will be with the mutual agreement of both par- tiesStep One. The aggrieved may be present at the request of either party. The General District Manager or a designate shall render their decision within two (2) working days. Failing a satisfactory settlement or a response the General Manager or a designate within the The matter may be taken up will give his answer in writing within four (4) full working days between the Union Committee member and the President or a designate. The aggrieved may be present at the request of either party. A representa- tive of the Union may be present at this step at the request of either party. The President or a designate shall render their decision in writing within three (3) working days. Failing satisfactory settlement at Step or a response from the President or a designate within the specified time, the grievance may be submitted to arbitration. If arbitration is not invoked within a peri- od of twenty (20) working days, the grievance will be considered to have been settled or abandoned. A Union Policy grievance, a group grievance or a Company grievance may be submitted to the Company or the Union, as the case may be, within three (3) working days of the circumstances giving rise date of the meeting. Failing settlement: The grievance shall be forwarded to a the Head Office of the Employer within one (1) week of the decision at Step Two and the Employer shall have one (1) week to dispose of the grievance. A meeting between the Company and the Union The decision shall be in writing and sent to the offices of the Union, If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within five seven (57)days from the date of the meeting. In the case of a discharge, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within four (4) working days the date of dismissal and shall commence at Step Two. In any subsequent disposal of this case during the Grievance Procedure, the Employer may reinstate the employee with back pay, suspend the employee for a definite period or sustain the discharge, if mutually agreed to by the parties of this Agreement. Grievances concerning rates shall commence at Step Two of the presentation Grievance Procedure and the disposition of such grievances if sustained, shall include the determination of the written grievanceeffectivedate of the increase with retroactivity thereto. If The Employer or the matter is not disposed of Union may file grievances commencing at that meeting, the grievance Step Three. The limits as prescribed above may be submitted to arbitration within twenty (20) days of such meeting and Article shall apply. It is expressly understood that the provi- sions of this paragraph may not be used modified by the Union to bypass any mutual agreement of the provisions stated in Article It is agreed that all time limits in Articles and are mandatory and the only extensions of time limits will be by the Union and Company them- selves, notwithstanding the section of the Labour Relations Act, which refers to an Arbitrator’s authori- ty on time limits. Any and all time limits fixed by this article may at any time be extended by verbal and or writ- ten agreement between the Company and the Union. In the event that no accord is reached through the procedure herein provided in Article the par- ties shall endeavour to agree upon a single Arbitrator to whom the grievance or grievances shall be referred for settlement. In the event of failure to agree, after twenty (20) days, either party can request the appointment of an Arbitrator by the Office of Arbitration for the Province of Ontario. The Arbitrator will hear and determine the difference or allegation and shall issue a decision and that decision is final and binding upon the parties and upon the Company and any employee affected by it. The Arbitrator shall not be authorized to make any decision which is contrary to or inconsistent with the provisions of the Agreement. The decision of the Arbitrator shall be binding on both parties. The compensation and expenses of the Arbitrator shall, in all cases, be borne equally by the Company and the Union. It is expressly understood that the Arbitrator shall not have jurisdiction to award interest on any monies payable by virtue of their award.

Appears in 1 contract

Samples: Collective Agreement