Common use of STEP Clause in Contracts

STEP. Should the employee feel that his grievance has not been satisfactorily settled, the Employee, then a committee comprised of the employee, chief xxxxxxx and a Union Representative w i l l within seven (7) calendar days after the answer was received at step one, present the written grievance and reply to his Manager, who shall discuss the matter with such committee and give his decision in writing within fifteen (15) calendar days following the presentation of the grievance to him. Failing a settlement under step of any difference between the parties arising from the interpretation, application, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference may be taken to arbitration as provided in Article and if no written request for arbitration is received within twelve (12) calendar days after decision in step is given, It shall be deemed to have been settled. Should the employee's immediate supervisor and his manager be one and the same person, then step one of this procedure may thereby be bypassed. Any complaint or grievance arising directly between the Employer and the Union shall be originated under step within fifteen (15) calendar days after the circumstances giving rise to the complaint have originated or occurred. In all steps of the grievance procedure, where no written answer has been given within the time limit specified, the concerned, the Union or the Employer as case may be, shall be entitled to submit the grievance to the next step of the grievance procedure. It is agreed that if the party filing the grievance does not process it from one step to the next, within the time limits stated, the grievance will be considered dropped by the party instituting the grievance. It is agreed that where proper notices have been given that absence of a xxxxxxx at any meeting shall not in any way the disciplinary decision taken by the Employer.

Appears in 1 contract

Samples: Collective Agreement

STEP. Should The party desiring Arbitration shall appoint a member for the employee feel that his grievance has not been satisfactorily settled, Board and shall notify the Employee, then a committee comprised other party in writing of its appointment. The party receiving the employee, chief xxxxxxx and a Union Representative w i l l notice shall within seven (7) calendar days after thereafter, appoint a member for the answer was received at step oneBoard and notify the other party of its appointment. Failure to appoint their nominee, present by either party, the written grievance other party who has appointed their nominee shall apply to the Minister of Labour to appoint a nominee on behalf of such The Arbitrators so appointed shall confer to select a third person to be Chairman and reply to his Manager, who shall discuss failing for five (5) days from the matter with such committee and give his decision in writing within fifteen (15) calendar days following the presentation appointment of the grievance second of them to himagree to a person willing to act, either of them may apply to the Minister of Labour. Failing a settlement under step Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of any difference between an Arbitration Board, if the parties arising from agree, a Sole Arbitrator shall be chosen to act in the interpretationsame capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, applicationthat employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or alleged violation improper layoff had not taken place. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authority to alter or change any of the provisions of this Agreement, including or to give any question decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties, regarding the rate of pay for a newly established, or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman. Any discharged or suspended employee, within (72) hours of his discharge or suspension, shall be given by the Employer, in writing, the reasons for his discharge or suspension, with a copy to be sent to the Union. In the event of any dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Board. The (72) hours to be exclusive of Saturdays, Sundays or General Holidays. If adverse statements are to be put into an employee’s personnel file, a matter is arbitrable, such difference may be taken to arbitration as provided in Article and if no written request for arbitration is received within twelve (12) calendar days after decision in step is given, It shall be deemed to have been settled. Should the employee's immediate supervisor and his manager be one and copy of the same person, then step one of this procedure may thereby will be bypassed. Any complaint or grievance arising directly between given to the Employer and employee with a copy sent to the Union shall be originated under step within fifteen thirty (1530) calendar days after of the circumstances event giving rise to the complaint have originated or occurred. In all steps of the grievance procedure, where no written answer has been given within the time limit specified, the concerned, the Union or the Employer as case may be, shall be entitled to submit the grievance to the next step of the grievance procedure. It is agreed that if the party filing the grievance does not process it from one step to the next, within the time limits stated, the grievance will be considered dropped by the party instituting the grievance. It is agreed that where proper notices have been given that absence of a xxxxxxx at any meeting shall not in any way the disciplinary decision taken by the Employeradverse statement.

Appears in 1 contract

Samples: Collective Agreement

STEP. Should The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Minister of Labour. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. If it is shown to the Board that the employee feel that his grievance has not been satisfactorily settledin receipt of wages during the period between discharge or suspension and reinstatement or the period of improper layoff or the period of improper recall then the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, less any expenses which the Employee, then a committee comprised employee has incurred in order to earn the wages so deducted. If an Arbitration Board finds circumstances which in the opinion of the employee, chief xxxxxxx Arbitration Board makes it just and a Union Representative w i l l within seven (7) calendar days after equitable may order the answer was received at step one, present Employer to pay less than the written grievance and reply full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authority to his Manager, who shall discuss the matter with such committee and give his decision in writing within fifteen (15) calendar days following the presentation alter or change any of the grievance to him. Failing a settlement under step of any difference between the parties arising from the interpretation, application, or alleged violation provisions of this Agreement, including or to give any question as decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties, regarding the rate of pay for a newly established, or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to whether deal with such matters and bring down a matter is arbitrable, such difference may be taken to arbitration as provided in Article final and if no written request for arbitration is received within twelve (12) calendar days after decision in step is given, It shall be deemed to have been settledbinding award. Should Each of the employee's immediate supervisor and his manager be one parties hereto will bear the expenses of their nominee and the same person, then step one of this procedure may thereby be bypassed. Any complaint or grievance arising directly between parties will equally bear the Employer and the Union shall be originated under step within fifteen (15) calendar days after the circumstances giving rise to the complaint have originated or occurred. In all steps expenses of the grievance procedure, where no written answer has been given within the time limit specified, the concerned, the Union or the Employer as case may be, shall be entitled to submit the grievance to the next step of the grievance procedure. It is agreed that if the party filing the grievance does not process it from one step to the next, within the time limits stated, the grievance will be considered dropped by the party instituting the grievance. It is agreed that where proper notices have been given that absence of a xxxxxxx at any meeting shall not in any way the disciplinary decision taken by the EmployerChairman.

Appears in 1 contract

Samples: Collective Agreement

STEP. Should The party desiring Arbitration shall appoint a member for the employee feel that his grievance has not been satisfactorily settled, Board and shall notify the Employee, then a committee comprised other party in writing of its appointment. The party receiving the employee, chief xxxxxxx and a Union Representative w i l l notice shall within seven (7) calendar days after thereafter, appoint a member for the answer was received at step oneBoard and notify the other party of its appointment. Failure to appoint their nominee, present by either party, the written grievance other party who has appointed their nominee shall apply to the Minister of Labour to appoint a nominee on behalf of such The Arbitrators so appointed shall confer to select a third person to be Chairman and reply to his Manager, who shall discuss failing for five (5) days from the matter with such committee and give his decision in writing within fifteen (15) calendar days following the presentation appointment of the grievance second of them to himagree to a person willing to act, either of them may apply to the Minister of Labour. Failing a settlement under step Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of any difference between an Arbitration Board, if the parties arising agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. If it is shown to the Board that the employee has been in receipt of wages during the period between discharge or suspension and reinstatement or the period of improper layoff or the period of improper recall then the amount so received shall be deducted from wages payable by the interpretationEmployer pursuant to this clause, application, less any expenses which the employee has incurred in order to earn the wages so deducted. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or alleged violation authority to alter or change any of the provisions of this Agreement, including or to give any question as decision inconsistent with the terms of this Agreement, except where there is a dispute betweenthe parties, regarding the rate of pay for a newly established, or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to whether deal with such matters and bring down a matter is arbitrable, such difference may be taken to arbitration as provided in Article final and if no written request for arbitration is received within twelve (12) calendar days after decision in step is given, It shall be deemed to have been settledbinding award. Should Each of the employee's immediate supervisor and his manager be one parties hereto will bear the expenses of their nominee and the same person, then step one of this procedure may thereby be bypassed. Any complaint or grievance arising directly between parties will equally bear the Employer and the Union shall be originated under step within fifteen (15) calendar days after the circumstances giving rise to the complaint have originated or occurred. In all steps expenses of the grievance procedure, where no written answer has been given within the time limit specified, the concerned, the Union or the Employer as case may be, shall be entitled to submit the grievance to the next step of the grievance procedure. It is agreed that if the party filing the grievance does not process it from one step to the next, within the time limits stated, the grievance will be considered dropped by the party instituting the grievance. It is agreed that where proper notices have been given that absence of a xxxxxxx at any meeting shall not in any way the disciplinary decision taken by the EmployerChairman.

Appears in 1 contract

Samples: Collective Agreement

STEP. Should The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the employee feel that his grievance has not been satisfactorily settled, the Employee, then a committee comprised appointment of the employeesecond of them to agree to a person willing to act, chief xxxxxxx either of them may apply to the Labour Relations Board. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Union Representative w i l l within seven (7) calendar days after Sole Arbitrator shall be chosen to act in the answer was received at step onesame capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, present that employee shall be reinstated by the written grievance Employer without loss of pay and reply to with all his Managerrights, who shall discuss benefits and privileges which he would have enjoyed if the matter with such committee and give his decision discharge, suspension or improper layoff had not taken place. If an Arbitration Board finds circumstances which in writing within fifteen (15) calendar days following the presentation opinion of the grievance Arbitration Board makes it just and equitable may order the Employer to himpay less than the full amount of wages lost. Failing a settlement under step The Board of Arbitration shall not have any difference between jurisdiction or authority to alter or change any of the parties arising from the interpretation, application, or alleged violation provisions of this Agreement, including or to give any question as decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties regarding the rate of pay for a newly established or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to whether deal with such matters and bring down a matter is arbitrable, such difference may be taken to arbitration as provided in Article final and if no written request for arbitration is received within twelve (12) calendar days after decision in step is given, It shall be deemed to have been settledbinding award. Should Each of the employee's immediate supervisor and his manager be one parties hereto will bear the expenses of their nominee and the same person, then step one of this procedure may thereby be bypassed. Any complaint or grievance arising directly between parties will equally bear the Employer and the Union shall be originated under step within fifteen (15) calendar days after the circumstances giving rise to the complaint have originated or occurred. In all steps expenses of the grievance procedure, where no written answer has been given within the time limit specified, the concerned, the Union or the Employer as case may be, shall be entitled to submit the grievance to the next step of the grievance procedure. It is agreed that if the party filing the grievance does not process it from one step to the next, within the time limits stated, the grievance will be considered dropped by the party instituting the grievance. It is agreed that where proper notices have been given that absence of a xxxxxxx at any meeting shall not in any way the disciplinary decision taken by the EmployerChairman.

Appears in 1 contract

Samples: Collective Agreement

STEP. Should The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Minister of Labour. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration the parties agree, a Sole shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with a l l his rights, benefits and privileges which he would have enjoyed the discharge, suspension or improper layoff had not taken place. If it is shown to the Board that the employee feel that his grievance has not been satisfactorily settledin receipt of wages during the period between discharge or suspension and reinstatement or the period of improper layoff or the period of improper recall then the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, less any expenses which the Employee, then a committee comprised employee has incurred in order to earn the wages so deducted. If an Arbitration Board finds circumstances which in the opinion of the employee, chief xxxxxxx Arbitration Board makes it just and a Union Representative w i l l within seven (7) calendar days after equitable may order the answer was received at step one, present Employer to pay less than the written grievance and reply full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authority to his Manager, who shall discuss the matter with such committee and give his decision in writing within fifteen (15) calendar days following the presentation alter or change any of the grievance to him. Failing a settlement under step of any difference between the parties arising from the interpretation, application, or alleged violation of this Agreement, including or to give any question as decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties,, regarding the rate of pay for a newly established, or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to whether deal with such matters and bring down a matter is arbitrable, such difference may be taken to arbitration as provided in Article final and if no written request for arbitration is received within twelve (12) calendar days after decision in step is given, It shall be deemed to have been settledbinding award. Should Each of the employee's immediate supervisor and his manager be one parties hereto will bear the expenses of their nominee and the same person, then step one of this procedure may thereby be bypassed. Any complaint or grievance arising directly between parties will equally bear the Employer and the Union shall be originated under step within fifteen (15) calendar days after the circumstances giving rise to the complaint have originated or occurred. In all steps expenses of the grievance procedure, where no written answer has been given within the time limit specified, the concerned, the Union or the Employer as case may be, shall be entitled to submit the grievance to the next step of the grievance procedure. It is agreed that if the party filing the grievance does not process it from one step to the next, within the time limits stated, the grievance will be considered dropped by the party instituting the grievance. It is agreed that where proper notices have been given that absence of a xxxxxxx at any meeting shall not in any way the disciplinary decision taken by the EmployerChairman.

Appears in 1 contract

Samples: Collective Agreement

STEP. Should The arbitrator so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Labour Relations Board to appoint a third member. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, the parties agree that a sole arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. Such sole arbitrator shall be chosen by mutual agreement between the parties. If the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all rights, benefits and privileges which would have enjoyed if the discharge or suspension had not taken place, provided that it is shown to the Board that the employee feel has been in receipt of wages during the period between discharge or suspension and reinstatement or improper layoff the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, and provided that his grievance has not been satisfactorily settledthe Arbitration Board, if circumstances are established before it, which in the Employee, then a committee comprised opinion of the employeeArbitration Board, chief xxxxxxx makes it just and a Union Representative w i l l within seven (7) calendar days after equitable to do so, shall have the answer was received right to order the Employer to pay less than the full amount of wages lost or to pay no lost wages at step one, present the written grievance and reply all. The Board of Arbitration shall not have any jurisdiction or authority to his Manager, who shall discuss the matter with such committee and give his decision in writing within fifteen (15) calendar days following the presentation alter or change any of the grievance to him. Failing a settlement under step of any difference between the parties arising from the interpretation, application, or alleged violation provisions of this Agreement, including or to substitute any question as new provisions in this Agreement, or to whether a matter is arbitrablegive any decision inconsistent with the terms of this Agreement. Each of the parties hereto will bear the expenses of the Arbitrator appointed by it, such difference may be taken to arbitration as provided in Article and the parties will equally bear the expenses, if no written request for arbitration is received within twelve (12) calendar days after any, of the Chairman. The decision in step is given, It of the Arbitration Board shall be deemed to have been settledfinal and binding upon the parties. Should the employee's immediate supervisor and his manager be one and the same person, then step one of this procedure may thereby be bypassed. Any complaint or grievance disputes arising directly between the Employer and the Union shall be originated under step submitted to this Grievance Procedure and there shall be no strike, work stoppage, or other interruption of the Employer's business or no lockout during the term of this Agreement. Any discharged or suspended employee may, within fifteen (1572) calendar days after hours of discharge or suspension, in writing, require the circumstances giving rise Employer to give reasons for discharge or suspension, and the Employer will give such reasons to in writing within (72) hours of such request. The (72) hours to be exclusive of Saturdays, Sundays and Holidays. If adverse statements are to be put into an employee's personnel file, a copy of same will be given to the complaint have originated or occurred. In all steps of the grievance procedure, where no written answer has been given within the time limit specified, the concerned, employee with a copy to the Union or the Employer as case may be, shall be entitled to submit the grievance to the next step of the grievance procedure. It is agreed that if the party filing the grievance does not process it from one step to the next, within the time limits stated, the grievance will be considered dropped by the party instituting the grievance. It is agreed that where proper notices have been given that absence of a xxxxxxx at any meeting shall not in any way the disciplinary decision taken by the Employer.twenty

Appears in 1 contract

Samples: Collective Agreement

STEP. Should The party desiring Arbitration shall appoint a member for the employee feel that his grievance has not been satisfactorily settled, Board and notify the Employee, then a committee comprised other party in writing of the employee, chief xxxxxxx and a Union Representative w i l l its appointment. The party receivingthe notice shall within seven (7) calendar days after thereafter, appoint a member for the answer was received at step oneBoard and notify the other party of its appointment. Failure to appoint their nominee, present by either party, the written grievance other party who has appointed their nominee shall apply to the Labour Relations Boardto appoint a nominee on behalf of such party. The Arbitrators so appointed shall confer to select a third person to be Chairman and reply to his Manager, who shall discuss failing for five (5) days from the matter with such committee and give his decision in writing within fifteen (15) calendar days following the presentation appointment of the grievance second of them to himagree to a person willing to act, either of them may apply to the Labour Relations Board. Failing a settlement under step Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of any difference between an Arbitration Board, if the parties arising from agree, a Sole Arbitrator shall be chosen to act in the interpretationsame capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, applicationthat employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or alleged violation improper layoff had not taken place. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authorityto alter or change any of the provisions of this Agreement, including or to give any question decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties regardingthe rate of pay for a newly established or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman. Any discharged or suspended employee, within seventy-two (72) hours of his discharge or suspension, shall be given by the Employer, in writing, the reasons for his discharge or suspension, with a copy to be sent to the Union. In the event of any dispute or difference as to whether a matter is arbitrableor not there was proper cause for the discharge or suspension of an employee, such difference may only the reasons so set forth in writing shall constitute cause to be taken to arbitration as provided in Article and if no written request for arbitration is received within twelve (12) calendar days after decision in step is given, It argued before an Arbitration Board. Time shall be deemed of the essence and the seventy-two (72) hours to have been settledbe exclusive of Saturdays, Sundays or General Holidays. Should the If any statement is to be put into an employee's immediate supervisor and his manager personnel file, a copy of same will be one and given to the same person, then step one of this procedure may thereby be bypassed. Any complaint or grievance arising directly between the Employer and employee with a copy to the Union shall be originated under step within fifteen thirty (1530) calendar days after of the circumstances event giving rise to the complaint have originated or occurredstatement. In all steps any case one (1) year from the date of the grievance procedure, where no written answer has been given within the time limit specified, the concerned, the Union or the Employer as case may be, occurrence such statement shall be entitled to submit deleted from the grievance to the next step of the grievance procedure. It is agreed that if the party filing the grievance does not process it from one step to the next, within the time limits stated, the grievance will be considered dropped by the party instituting the grievance. It is agreed that where proper notices have been given that absence of a xxxxxxx at any meeting shall not in any way the disciplinary decision taken by the Employeremployee's file.

Appears in 1 contract

Samples: Collective Agreement