Common use of STEP Clause in Contracts

STEP. If the Plant Manager's response is not satisfactory, the Plant Chairperson must inform the Plant Manager in writing within five (5) working days of receipt of the Plant Manager's response that the grievance will be presented to an Arbitration Board established in with the Labour Relations Act of Ontario. If no written request for arbitration is received within the time specified by the Company or Union, as the case may be, the grievance shall be deemed to have been settled and not eligible for arbitration. Any difference arising directly between the Company and the Union concerning the interpretation, application, administration or alleged violation of this collective agreement may be originated as a grievance in Step by either party. The information identified in Step must be included in the grievance. This must be done within five (5) working days after the circumstances giving rise to the grievance first occurred. The grievance shall be answered in writing by the Company or the Union, as the case may be, within fifteen (15) working days following the receipt of the grievance. Failing receipt of a satisfactory answer, the grievance may be submitted to arbitration as in Article above. It is understood that a grievance dealt with under this paragraph shall not include any matter upon which an employee would be personally entitled to grieve and the regular grievance procedure for personal grievance shall not be bypassed except where the Union establishes that the employee has not grieved an unreasonable standard that is patently in violation of this agreement and that adversely affects the right of persons in the bargaining unit. A grievance by a group of employees regarding the interpretation, application, administration or an alleged violation of this collective agreement may be filed in accordance with the provisions of this article beginning at Step providing the facts of each employee's case are the same and any legal issue is also the same.

Appears in 1 contract

Samples: Collective Agreement

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STEP. The aggrieved employee shall present his grievance orally or in writing to his immediate supervisor. If a settlement satisfactory to the Plant Manager's response employee concerned is not satisfactoryreached within two (2) full working days, the Plant Chairperson must inform grievance may be presented as follows at any time within two (2) full working days thereafter. The aggrieved employee may with or without the Plant Manager in Union representative, present his grievance which shall be reduced to writing on a form supplied by the Union and approved by the Employer, to the official of the Employer named by such Employer to handle grievances at this step. Should no settlement satisfactory to the employee be reached within five (5) full working days, the next step in the grievance procedure may be taken at any time within (5) full working days of receipt the er The Union, if it considers it a valid grievance, may submit the grievance to the Employer and the representatives of the Plant Manager's response that parties shall meet as promptly as possible thereafter in an endeavor to settle the grievance. If a satisfactory settlement is not reached within ten days from this meeting and if the grievance will be presented to an Arbitration Board established in with is one which concerns the Labour Relations Act of Ontario. If no written request for arbitration is received within the time specified by the Company or Union, as the case may be, the grievance shall be deemed to have been settled and not eligible for arbitration. Any difference arising directly between the Company and the Union concerning the interpretation, application, administration interpretation or alleged violation of this collective agreement may be originated as a grievance in Step by either party. The information identified in Step must be included in the grievance. This must be done within five (5) working days after the circumstances giving rise to the grievance first occurred. The grievance shall be answered in writing by the Company or the Union, as the case may be, within fifteen (15) working days following the receipt of the grievance. Failing receipt of a satisfactory answerAgreement, the grievance may be submitted to arbitration as provided in Article aboveSection of the Ontario Labour Relations Act at any time within fourteen (14)days thereafter but not later. It is understood that a grievance dealt with under this paragraph shall not include any matter upon which an employee would be personally entitled ARTICLE ARBITRATION Both parties to grieve and the regular grievance procedure for personal grievance shall not be bypassed except where the Union establishes that the employee has not grieved an unreasonable standard that is patently in violation of this agreement and agree that adversely affects any dispute or grievance concerning the right of persons in the bargaining unit. A grievance by a group of employees regarding the interpretation, application, administration interpretation or an alleged violation of this collective agreement may agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article above, and which has not been settled, will be filed in accordance with referred to arbitration as provided for the resolution of such disputes under the provisions of Section of the Ontario Labour Relations Act. The arbitrator shall not have any power to alter or change any provisions of this article beginning at Step providing agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the facts terms and provisions of each employee's case are the same and any legal issue is also the samethis agreement.

Appears in 1 contract

Samples: Collective Agreement

STEP. If Failing settlement after the Plant Manager's response grievance is not satisfactorysubmittedunderStep theGrievance after days, may submit to the Superintendent Negotiations designate) a written statement of the particulars grievance and the redress sought. A committee of three Board shall hold a meeting with the Grievance Committeewithinfive days receipt of such notice. Committee composed of both the Grievance Committeeand the Board’s Committee shall endeavor to a settlement. STEP Failing agreement in Step applicationmay be made the Board, in writing, the Plant Chairperson must inform Superintendent Services, five days prior to the Plant Manager in writing next regular Board meeting, stating the and a hearing shallbe at the next of the Board or a Committee designated by the Board, following application. STEP Failing a satisfactory settlement within five (5) working days after the dispute is discussedby the Board,or a Committeeofthe Board,theUnion referthe grievance to arbitration as provided in Clause at time within twenty-one but not later. Arbitration be in the current Labour Act of receipt Ontario. In arbitration proceedings, each shall pay the expenses of its appointee and the expenses and fees of the Plant Manager's response that Chair shall be shared equally by the parties. Where a grievance involving a question of general application or occurs, the Board or the Union on behalfof an employee may agree to by-pass Steps and of this Article. Grievances settled Steps or within the allowed shall date from the time the grievance was first to the attention of the Principal. The Board shall supply the necessary facilities for the grievance meetings. The time the grievance and arbitration procedures may be by consent of the parties to this At any stage of the grievance or arbitration procedure, the parties may have the assistance of employee concerned and any other witnesses. The Board and the Union agree to exchange copies of all letters, reports, charts or of any will be presented to an Arbitration Board established in the Personneland Committee of the Board,with the Labour Relations Act exception of OntarioThese are to be exchanged later than prior to the commencementof themeeting of the Personnel and which will be reviewing the grievance. If no written request for arbitration is received within No grievance shall be considered more thanten grieving party expectedto have become aware of the time specified circumstancesgiving rise to the complaint or grievance, but in any event grievance be considered where the S giving rise to it more than sixty calendar days before the of the grievance. In the case of an employee being discharged may submit a grievance in writing in accordancewith Step of the grievance procedure five days Where the Union desiresto appeal againsta new job classification or rate of pay which may be established by the Company or Union, as the case may beBoard, the grievance procedure be used commencing at Step ARTICLE GRIEVANCES Any instituted by the Board shall be deemed to have been settled and not eligible for arbitration. Any difference arising directly between referred in writing the Company and days of the Union concerning the interpretation, application, administration or alleged violation occurrence of this collective agreement may be originated as a grievance in Step by either party. The information identified in Step must be included in the grievance. This must be done within five (5) working days after the circumstances giving rise to the grievance first occurred. The grievance and two representatives of the Union shall be answered in writing by meet within five days with the Company or the Union, as the case may be, within fifteen (15) working days following the receipt Director of to consider the grievance. Failing receipt If settlement of a satisfactory answer, the is not completed fifteen days of such meeting the grievance may be submitted referred by either to arbitration as in Article above. It is understood that a grievance dealt with under this paragraph shall provided Clause at any time twenty-one (21) thereafter but not include any matter upon which an employee would be personally entitled to grieve and the regular grievance procedure for personal grievance shall not be bypassed except where the Union establishes that the employee has not grieved an unreasonable standard that is patently in violation of this agreement and that adversely affects the right of persons in the bargaining unit. A grievance by a group of employees regarding the interpretation, application, administration or an alleged violation of this collective agreement may be filed in accordance with the provisions of this article beginning at Step providing the facts of each employee's case are the same and any legal issue is also the samelater.

Appears in 1 contract

Samples: Agreement

STEP. If Any employee grievance shall be set forth in writing, in duplicate, and shall be presented to the Plant Manager's response is not satisfactory, Supervisor. The submissions shall include reference to the Plant Chairperson must inform specific clause and article of the Plant Manager Agreement allegedly violated or misinterpreted and redress sought. The Supervisor shall review the grievance and reply in writing to the Union within two (2) working days, giving hisher disposition and reason thereof. If a settlement has not been reached under Step the employee may within two (2) working days of the Supervisor's reply, refer the grievance to the Administrator of the Home, at interest, or nominee. The Administrator of the Home or hisher nominee together with the employee and Supervisor, and Xxxxxxx, shall meet within five (5) working days of receipt reference to the Administrator of the Plant Manager's response that Home. The Administrator of the Home shall give hisher reply in writing to the Union within two (2) working days after date of meeting. Step If settlement has not been reached under Step the employee may refer the grievance will to hisher Union Grievance Committee which may within two (2) working days of the Administrator's reply refer the grievance to the Director of Human Resources or hisher designate. Within five (5) working days the Director of Human Resources or designate together with such other representation as may be presented chosen to an Arbitration Board established in represent the Employer shall meet with the Labour Relations Act Union Grievance Committee to discuss the grievance. At this meeting a full- time representative of Ontario. If no written request for arbitration the Union may be present, if presence is received within the time specified requested by the Company Employer or the Union, as the case may be, . Written reply to the grievance shall be deemed given to have been settled and not eligible for arbitration. Any difference arising directly between the Company and the Union concerning the interpretation, application, administration or alleged violation of this collective agreement may be originated as a grievance in Step by either party. The information identified in Step must be included in the grievance. This must be done within five (5) working days after the circumstances giving rise such meeting. If a grievance is not settled to the grievance first occurred. The grievance shall be answered in writing satisfaction of either party to this Agreement by the Company or the Unionprocedure outlined above, as the case may bethen either party may, within fifteen (15) ten working days following the receipt of the grievance. Failing receipt reply of a satisfactory answerthe Director of Human Resources, refer the grievance may be submitted to arbitration as in Article above. It is understood that a grievance dealt with under this paragraph shall not include any matter upon which an employee would be personally entitled to grieve and the regular grievance procedure for personal grievance shall not be bypassed except where the Union establishes that the employee has not grieved an unreasonable standard that is patently in violation of this agreement and that adversely affects the right of persons in the bargaining unit. A grievance by a group of employees regarding the interpretation, application, administration or an alleged violation of this collective agreement may be filed in accordance with the provisions contained in Article Any of the time allowances provided in the Article may be extended by mutual agreement in writing between the Union and the Employer. Notwithstandingthe provisions of the Ontario Labour Relations Act, any grievance not initiated or appealed at any stage of the grievance including reference to arbitration within the limits stipulated, shall be considered settled on the basis of the last decision and subject to further appeal. No employee written reprimand shall be entered in an employee's personnel file unless the employee and Local Recording Secretary are given a copy of such written reprimand. Saturdays and Sundays and paid holidays shall not be considered working days within the scope of this article beginning at Step providing the facts of each employee's case are the same and any legal issue is also the sameArticle.

Appears in 1 contract

Samples: Collective Agreement

STEP. It is understood and agreed that the Union, or the Employee does not have a grievance the has been discussed (where possible) with the xxxxxxx or superintendent, and given the of dealing with the complaint. This shall be done within seven (7) business days of the date the incident occurred. The Employee may have Xxxxxxx or Business Representative present if so desires when presenting complaint. If the Plant Manager's response grievance is not satisfactorysettled within seven (7) business days after Step has been taken, it be reduced to writing and be dealt with by Management of the Plant Chairperson must inform the Plant Manager in writing Employer, and Union or their delegated representative. If within five seven (57) working days of receipt the meeting between Management of the Plant Manager's response that Employer, and the grievance will be presented to an Arbitration Board established in with the Labour Relations Act of Ontario. If no written request for arbitration is received within the time specified by the Company or Union, as the case may be, the grievance shall has not been resolved, the matter be deemed to have been settled and not eligible submitted for arbitration. Any difference arising directly between the Company and the Union concerning the interpretation, application, administration or alleged violation of this collective agreement may be originated as a grievance in Step Arbitration by either party. The information identified in Employer or the Union may submit a grievance at Step must be included in the grievance. This must be done within five (5) working days after the circumstances giving rise to the grievance first occurred. The grievance Any settlement agreed upon by both parties shall be answered in writing by binding upon the Company or Employer, the Union, and the Employee or Employees concerned. Any grievance, including any question as to whether a matter is arbitrable, submitted to Arbitration, shall be so submitted within fourteen (14) days the case may becompletion of Step of Article The Board of Arbitration will be composed of one (1) person appointed by the Employer, and one (1) person appointed by Union, and a third person to act as Chairperson, chosen by the two (2) members of the Board. Within fourteen (14) days of the request of either party for a Board, each party shall notify the other of the name of its appointee. Should the person chosen by the Employer to act on the Board, and the person chosen by the Union, to agree on the member as Chairperson, within fifteen seven (157) working days following the receipt of the grievance. Failing receipt of a satisfactory answernotification mentioned in above, the grievance may Minister of Labour of the Province of Ontario will be submitted asked to arbitration as appoint a Chairperson. The decisions of the Board of Arbitration, or a majority of such Board, constituted in Article abovethe above manner,shall be binding on the Employee, the Union,and the Employer. It is understood that a grievance dealt with under this paragraph The Board of Arbitration shall not include have any matter upon which an employee would be personally entitled power to grieve and the regular grievance procedure for personal grievance shall not be bypassed except where the Union establishes that the employee has not grieved an unreasonable standard that is patently in violation alter or change any of this agreement and that adversely affects the right of persons in the bargaining unit. A grievance by a group of employees regarding the interpretation, application, administration or an alleged violation of this collective agreement may be filed in accordance with the provisions of Agreement, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms provisions of this article beginning at Step providing Agreement. Each of the facts parties to this Agreement will bear the expense of each employee's case are the same arbitrator appointed by it, and any legal issue is also the sameparties will jointly bear the expense, if any, of the Chairperson.

Appears in 1 contract

Samples: Collective Agreement

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STEP. If the Plant Manager's response is not satisfactory, the Plant Chairperson must inform the Plant Manager in writing within five (5) working days of receipt of the Plant Manager's response that the grievance will be presented to an Arbitration Board established in accordance with the Labour Relations Act of Ontario. If no written request for arbitration is received within the time specified by the Company or Union, as the case may be, the grievance shall be deemed to have been settled and not eligible for arbitration. Any difference arising directly between the Company and the Union concerning the interpretation, application, administration or alleged violation of this collective agreement may be originated as a grievance in Step by either party. The information identified in Step must be included in the grievance. This must be done within five (5) working days after the circumstances giving rise to the grievance first occurred. The grievance shall be answered in writing by the Company or the Union, as the case may be, within fifteen (15) working days following the receipt of the grievance. Failing receipt of a satisfactory answer, the grievance may be submitted to arbitration as in Article above. It is understood that a grievance dealt with under this paragraph shall not include any matter upon which an employee would be personally entitled to grieve and the regular grievance procedure for personal grievance shall not be bypassed except where the Union establishes that the employee has not grieved an unreasonable standard that is patently in violation of this agreement and that adversely affects the right of persons in the bargaining unit. A grievance by a group of employees regarding the interpretation, application, administration or an alleged violation of this collective agreement may be filed in accordance with the provisions of this article beginning at Step providing the facts of each employee's case are the same and any legal issue is also the same.

Appears in 1 contract

Samples: Collective Agreement

STEP. If a) Failing satisfactory settlement under Step the Plant ManagerAssociation's response is not satisfactoryCommittee shall arrange to bring the matter in dispute before the Board at the earliest possible date. The Board shall render its written decision within three (3) weeks following such meeting with the Grievance Committee. Despite the foregoing the Board may refuse to consider any complaint, the Plant Chairperson must inform the Plant Manager in writing within circumstance of which arose more than twenty-five (525) working days before the said complaint was submitted to the Senior Officer as outlined in Step above. This applies only if the aggrieved member has been made aware of the relevant facts within the twenty-five (25) day limitation. In the event that the member does not receive a response, for the purpose of setting a meeting, on submission of a grievance at any Step in this procedure within (25) days of receipt such submission, the member may submit the grievance to the next Step of the Plant Manager's response that the grievance will be presented to an Arbitration Board established in with the Labour Relations Act of Ontarioprocedure. If no written request for arbitration is received within the time specified by the Company or Union, as the case may be, the grievance shall be deemed to have been settled and not eligible for arbitration. Any difference arising directly between the Company and the Union concerning the interpretation, application, administration or alleged violation of this collective agreement may be originated as a grievance in Step by either party. STEP The information identified in Step must be included in the grievance. This must be done within five (5) working days after the circumstances giving rise to the grievance first occurred. The grievance shall be answered in writing by the Company or the Union, as the case may beAssociation may, within fifteen (15) working days following the after receipt of the grievancewritten decision of the Board, require that the grievance be submitted to a single Arbitrator by notifying the Board in writing of its desire to do so. Failing receipt Within thirty (30) days of a satisfactory answersuch notice to the Board, the two parties shall appoint a mutually acceptable Arbitrator. If the two parties fail to agree upon the selection of an Arbitrator, the appointment shall be made by the Solicitor General of Ontario upon the request of either of the parties hereto. The decision at each step above shall be final and binding upon the Board and the Association and upon a member affected by it, unless a subsequent Step is taken within the times hereinbefore limited. The Association shall be confined to the Grievance and redress sought as set forth in the written grievance filed as provided in Step No matter may be submitted to arbitration as in Article abovewhich has not been properly processed through all previous Steps of the Grievance Procedure, but any time limit herein contained may be extended by mutual consent. It is understood that An arbitrator set up under Step of the Grievance Procedure shall not have power to add to, subtract from, alter, modify or amend any part of this Agreement, nor otherwise make any decision inconsistent with this Agreement. Either party to this Agreement may lodge a grievance dealt in writing, using the Grievance Form, with under this paragraph shall not include the other party on any matter upon which an employee would be personally entitled to grieve and difference between the regular grievance procedure for personal grievance shall not be bypassed except where the Union establishes that the employee has not grieved an unreasonable standard that is patently in violation of this agreement and that adversely affects the right of persons in the bargaining unit. A grievance by a group of employees regarding parties concerning the interpretation, application, application or administration or an alleged violation of this collective agreement may be filed in accordance with the provisions of this article beginning Agreement, including any question as to whether a matter is arbitrable and such grievance shall commence at Step providing and the facts of each employee's case are the same said Step and any legal issue is also the sameStep shall apply mutatis mutandis to such grievance.

Appears in 1 contract

Samples: Agreement

STEP. If Failing settlement under the Plant Manager's response is not satisfactory, the Plant Chairperson must inform the Plant Manager in writing within five (5) working days foregoing procedure of receipt of the Plant Manager's response that the any grievance will be presented to an Arbitration Board established in with the Labour Relations Act of Ontario. If no written request for arbitration is received within the time specified by the Company or Union, as the case may be, the grievance shall be deemed to have been settled and not eligible for arbitration. Any difference arising directly between the Company and the Union concerning parties arising from the interpretation, application, administration or alleged violation of this collective agreement Agreement, including any question as to whether a matter is such grievance may be originated submitted to arbitration as a grievance in Step by either partyhereinafter provided. The information identified in Step must be included in the grievance. This must be done If no written request for arbitration is received within five (5) working fifteen days after the circumstances giving rise to decision under Step is given, the grievance first occurred. The grievance shall be answered in writing by deemed to have been abandoned. Where no written answer has been given within the Company or the Union, as the case may be, within fifteen (15) working days following the receipt of the grievance. Failing receipt of a satisfactory answertime limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration as No adjustment effected under the grievance or arbitration procedure shall be made retroactive prior to the date that the grievance was formally discussed or presented to the Company or. if applicable, the date of the alleged violation, providing it does not exceed the time limits set out in Article Section above. It is understood that a grievance dealt with under this paragraph shall An employee who has not include completed his/her probationary period may be discharged or disciplined for any matter upon which an employee would be personally entitled reason satisfactory to grieve the company and the regular grievance procedure for personal grievance such discipline or discharge shall not be bypassed except where the Union establishes subject matter of a grievance. When either party requests that any matter be submitted to arbitration as provided in the employee foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within days thereafter the other party shall appoint its nominee; provided, however, that if such party fails to appoint a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees so appointed shall, within five days of the nomination of the latter of them, attempt to select by agreement a third person to be a member and chairman of the arbitration board. If they are unable to agree upon such a chairman, they may then request the Ministry of Labour to appoint a chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not grieved an unreasonable standard that is patently in violation been properly carried through all requisite steps of this agreement and that adversely affects the right of persons in the bargaining unitgrievance procedure. A grievance by a group of employees regarding the interpretation, application, administration or an alleged violation of this collective agreement may The Arbitration Board shall not be filed in accordance to make any decision inconsistent with the provisions of this article beginning at Step providing Agreement, nor to alter, modify, add or amend any part of this Agreement. The proceedings of the facts Arbitration Board will be expedited by the parties hereto and the decision of each employee's the majority and, where there is no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the expenses, if any, of the chairman of the Arbitration Board. Notwithstanding the foregoing, the parties may agree that any matter submitted by either of them to arbitration shall be dealt with by a single arbitrator. The parties shall attempt to agree upon a chairman and failing agreement either party may then request the Ministry of Labour to appoint a chairman. Where the matter is to be heard by a single arbitrator, the foregoing provisions shall be modified to the extent necessary to reflect the resolution of the dispute by a single arbitrator. The parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be strictly complied with except by written agreement to extend them and failure to so comply shall result in the grievance being deemed to have been abandoned notwithstanding the provisions of Section of the Labour Relations Act. ARTICLE SENIORITY Seniority, as referred to in this Agreement, shall mean length of continuous service with the Company since the last date of hire. All employees shall be on probation for a period of three continuous months of active employment. On completion of the probationary period he/she will be credited with seniority from date of hire. It is understood and agreed that consecutive months of continuous active employment shall not be broken by short term leaves of absence granted by the Company or short term absences caused by bona fide illness or injury. In the case are of part time employees, the same probationary period shall mean a period of hours worked in any six month period. On the completion of such probationary period, such part time employees shall then accumulate seniority on the basis of hours actually worked and any legal issue is also for all purposes under the same.Collective Agreement hours worked shall be the equivalent of one year of full time seniority. Further accumulation of seniority for part time employees shall be on the basis of actual hours worked. An employee will have no seniority rights during his/her probationary period. An employee shall lose all seniority and shall be deemed to have terminated

Appears in 1 contract

Samples: Collective Agreement

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