Common use of Time Limit on Claims Clause in Contracts

Time Limit on Claims. (a) No claims, including claims for back wages, by an employee covered by this Agreement, or by the Union, against the Company shall be valid for a period prior to the date the grievance was first filed in writing or the date, if any, that the grievance asserts (and the Supervisor acknowledges) the specific claim of back wages was orally discussed with the Supervisor in the First Step of the Grievance Procedure, whichever date is earlier, unless the circumstances of the case made it impossible for the employee, or for the Union as the case may be, to know that the employee, or the Union, had grounds for such a claim prior to that date, in which case the claim shall be limited retroactively to a period of thirty (30) days prior to the applicable starting date as set forth above. (b) Deduction from an employee's wages to recover overpayments made in error will not be made unless the employee is notified in writing prior to the end of the month following the month in which the payment in question was delivered to the employee. The notice will specify the amount of the overpayment, and deductions to recover such overpayment shall not commence until the pay period following the pay period in which the notice of overpayment was given to the employee. The requirements of this Subsection (b) shall not apply, however, in cases of pay advancements or payment of full salary made to an employee prior to submission of required evidence of eligibility of the employee for, but not limited to, such benefits as Salary Continuation, Sickness and Accident benefits, Bereavement Pay and Jury Duty. Recovery of such payment will be made within a reasonable time after the Company has determined the employee does not qualify for the payment. This provision with respect to recovery of overpayment shall in no way affect or change the Company’s policies or procedures with respect to payment of such benefits.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Time Limit on Claims. (a) No claims, including claims for back wages, by an employee covered by this Agreement, or by the Union, against the Company shall be valid for a period prior to the date the grievance was first filed in writing or the date, if any, that the grievance asserts (and the Supervisor acknowledges) the specific claim of back wages was orally discussed with the Supervisor in the First Step of the Grievance Procedure, whichever date is earlier, unless the circumstances of the case made it impossible for the employee, or for the Union as the case may be, to know that the employeehe, or the Union, had grounds for such a claim prior to that date, in which case the claim shall be limited retroactively to a period of thirty one-hundred and twenty (30120) days prior to the applicable starting date as set forth above. (b) Deduction from an employee's ’s wages to recover overpayments made in error will not be made unless the employee is notified in writing prior to the end of the month following the month in which the payment in question was delivered to the employee. The notice will specify the amount of the overpayment, and deductions to recover such overpayment shall not commence until the pay period following the pay period in which the notice of overpayment was given to the employee. The requirements of this Subsection (b) shall not apply, however, in cases of pay advancements or payment of full salary made to an employee prior to submission of required evidence of eligibility of the employee for, but not limited to, such benefits as Salary Continuation, Sickness and Accident benefits, Bereavement Pay Pay, Jury Duty and Jury DutyNational Guard Training. Recovery of such payment will be made within a reasonable time after the Company has determined the employee does not qualify for the payment. This provision with respect to recovery of overpayment shall in no way affect or change the Company’s policies or procedures with respect to payment of such benefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Time Limit on Claims. (a) No claims, including claims for back wages, by an employee covered by this Agreement, or by the Union, against the Company Corporation shall be valid for a period prior to the date the grievance was first filed in writing or the date, if any, that the grievance asserts (and the Supervisor acknowledges) the specific claim of back wages was orally discussed with the Supervisor in the First Step of the Grievance Procedure, whichever date is earlier, unless the circumstances of the case made it impossible for the employee, or for the Union as the case may be, to know that the employee, or the Union, had grounds for such a claim prior to that date, in which case the claim shall be limited retroactively to a period of thirty (30) days prior to the applicable starting date as set forth above. (b) Deduction claim was first filed in writing. Deductions from an employee's ’s wages to recover overpayments made in error will not be made unless the employee is notified in writing prior to the end of the month following the month in which the payment in question was delivered made to the employee. The notice will specify the amount of the overpayment, and deductions to recover such overpayment shall not commence until the pay period following the pay period in which the notice of overpayment was given to the employee. The requirements Letter Time on Claims Waived In the past there have been limited situations in which the Corporation and the National Union have mutually agreed that, notwithstanding the provisions of this Subsection Section Time Limit on Claims, equity and fairness dictated that the time limits be waived regarding (ba) shall not apply, however, in cases of pay advancements or payment of full salary made to claims by an employee prior or by the Union, including claims for back wages, and deductions from an employee’s wages to submission recover overpayments. This letter will confirm that in such instances of required evidence of eligibility of mutual agreement between the employee forStaff Labour Relations Department and the National Union, but not limited to, such benefits as Salary Continuation, Sickness the limitations set forth in Section may continue to be waived in order to provide equitable and Accident benefits, Bereavement Pay and Jury Duty. Recovery fair resolution of such payment will be made within a reasonable time after the Company has determined the employee does not qualify for the payment. This provision with respect to recovery of overpayment shall in no way affect or change the Company’s policies or procedures with respect to payment of such benefitsmatters.

Appears in 1 contract

Samples: Maintenance Agreement

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Time Limit on Claims. (a) No claims, including claims for back wages, by an employee covered by this Agreement, or by the Union, against the Company Corporation shall be valid for a period prior to the date the grievance was first filed in writing or the date, if any, that the grievance asserts (and the Supervisor acknowledges) the specific claim of back wages was orally discussed with the Supervisor in the First Step of the Grievance Procedure, whichever date is earlier, unless the circumstances of the case made it impossible for the employee, or for the Union as the case may be, to know that the employee, or the Union, had grounds for such a claim prior to that date, in which case the claim shall be limited retroactively to a period of thirty (30) days prior to the applicable starting date as set forth above. (b) Deduction from an employee's wages to recover overpayments made in error will not be made unless the employee is notified in writing prior to the end of the month following the month in which the payment in question was delivered to the employee. The notice will specify the amount of the overpayment, and deductions to recover such overpayment shall not commence until the pay period following the pay period in which the notice of overpayment was given to the employee. The requirements of this Subsection (b) shall not apply, however, in cases of pay advancements or payment of full salary made to an employee prior to submission of required evidence of eligibility of the employee for, but not limited to, such benefits as Salary Continuation, Sickness and Accident benefits, Bereavement Pay and Jury Duty. Recovery of such payment will be made within a reasonable time after the Company Corporation has determined the employee does not qualify for the payment. This provision with respect to recovery of overpayment shall in no way affect or change the Company’s Corporation's policies or procedures with respect to payment of such benefits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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