Common use of Time Limits Clause in Contracts

Time Limits. In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word “day” shall mean a calendar day. 17.9.1 In the case of an individual or group grievance, the grieving party (the employee or the Association, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level. 17.9.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed. 17.9.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment. 17.9.5 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 In the case of a policy grievance, the Association may present a grievance in the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the Association was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received. 17.9.8 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the Association.

Appears in 25 contracts

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

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Time Limits. In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word “day” shall mean a calendar day. 17.9.1 19.9.1 In the case of an individual or group grievance, the grieving party (the employee or the Association, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.1019.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.2 19.9.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level. 17.9.3 19.9.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed. 17.9.4 19.9.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment. 17.9.5 19.9.5 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 19.9.6 In the case of a policy grievance, the Association may present a grievance in the manner prescribed in clause 17.1019.10, not later than the thirty-fifth (35th) day after the date on which the Association was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 19.9.7 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received. 17.9.8 19.9.8 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the Association.

Appears in 12 contracts

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

Time Limits. In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word “day” shall mean a calendar day. 17.9.1 23.09.1 In the case of an individual or group grievance, the grieving party (the employee or the AssociationProfessional Institute, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.1023.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.2 23.09.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level. 17.9.3 23.09.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed. 17.9.4 23.09.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment. 17.9.5 23.09.5 Unless a grievance relates to classification, the thirty-five (35) day time period within which the Council is to reply at the final level may be extended to a maximum of fifty (50) days, by mutual agreement of the Council, the griever, and where appropriate, the Professional Institute. 23.09.6 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 23.09.7 In the case of a policy grievance, the Association Professional Institute may present a grievance in the manner prescribed in clause 17.1023.10, not later than the thirty-fifth (35th) day after the date on which the Association Professional Institute was notified, either or verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 23.09.8 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received.twenty 17.9.8 23.09.9 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the AssociationProfessional Institute.

Appears in 11 contracts

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

Time Limits. In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word “day” shall mean a calendar day. 17.9.1 11.09.1 In the case of an individual or group grievance, the grieving party (the employee or the AssociationProfessional Institute, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.1011.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.2 11.09.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level. 17.9.3 11.09.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed. 17.9.4 11.09.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment. 17.9.5 11.09.5 Unless a grievance relates to classification, the thirty-five (35) day time period within which the Council is to reply at the final level may be extended to a maximum of fifty 11.09.6 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 11.09.7 In the case of a policy grievance, the Association Professional Institute may present a grievance in the manner prescribed in clause 17.1011.10, not later than the thirty-fifth (35th) day after the date on which the Association Professional Institute was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 11.09.8 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received. 17.9.8 11.09.9 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the AssociationProfessional Institute.

Appears in 6 contracts

Samples: Collective Agreement, Collective Bargaining Agreement, Collective Agreement

Time Limits. In determining a. Time limits throughout this Article referring to “days” will mean calendar days. The parties may, by mutual agreement, extend the time within which any action is to be taken as prescribed limits contained in this procedure, reference Article related to the word “day” filing, meeting(s), or processing of a grievance. Neither party shall mean arbitrarily and unreasonably refuse to agree to a calendar daywritten request for an extension of a time limit in this Article. If the other party denies the request for extension of time, then the requesting party shall have five (5) days, or the remainder of the original filing period, whichever is longer, to file the grievance or otherwise respond. 17.9.1 In b. All grievances must be presented no later than forty-two (42) days from the case date of an individual or group the first occurrence of the matter giving rise to the grievance, or within forty-two (42) days after the grieving party (the employee or the Association, as the case may beGrievant(s), through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. c. The Faculty member(s) or Association may present preserve the right to file a grievance by filing an Intent to File Notice, within the forty-two (42) day period, while simultaneously pursuing the Informal Resolution Process noted in Section 6.02. d. If a grievance is not filed within the time limits set forth above, it shall be considered “waived” and may not be pursued further. If a grievance is not appealed to the first next level of the grievance procedure within the time limit specified in Section 6.05(d) or any agreed extension thereof, it shall be considered settled on the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge basis of the action or circumstance giving rise to such grievanceBoard’s last answer. 17.9.2 The Council shall normally reply e. If the Board does not respond to an individual a grievance or group grievance at appeal within the time limits specified in Section 6.05(c) or 6.05(d) or any level of agreed extension thereof, the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level. 17.9.3 An individual or group grievance may be presented for consideration considered to be denied at each succeeding that level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory and automatically appealed to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to next level. The timeline for the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration response at the next higher level within forty (40will not begin until the Grievant(s) days after or the last day Association serves formal notification to the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsednext level Administrator. 17.9.4 An individual f. Once a grievance may has been timely filed, the time limits for processing a grievance shall be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employmentstopped between December 15 and January 15. 17.9.5 g. The Council processing of timely filed workload and merit pay grievances shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 In the case of a policy grievancecontinue between May 15 and August 15. For all other timely filed grievances, the Association may present a grievance processing shall continue between May 15 and August 15 unless either party notifies the other in writing that the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the Association was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received. 17.9.8 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the Associationstopped.

Appears in 6 contracts

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

Time Limits. In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word “day” shall mean a calendar day. 17.9.1 In the case of an individual or group grievance, the grieving party (the employee or the Association, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level. 17.9.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed. 17.9.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment. 17.9.5 Unless a grievance relates to classification, the thirty-five (35) day time period within which the Council is to reply at the final level may be extended to a maximum of fifty (50) days, by mutual agreement of the Council, the griever, and where appropriate, the Association. 17.9.6 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 17.9.7 In the case of a policy grievance, the Association may present a grievance in the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the Association was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 17.9.8 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received. 17.9.8 17.9.9 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the Association.

Appears in 5 contracts

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

Time Limits. In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word “day” shall mean a calendar day. 17.9.1 9.09.1 In the case of an individual or group grievance, the grieving party (the employee or the AssociationProfessional Institute, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.109.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.2 9.09.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level. 17.9.3 9.09.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed. 17.9.4 9.09.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment. 17.9.5 9.09.5 Unless a grievance relates to classification, the thirty-five (35) day time period within which the Council is to reply at the final level may be extended to a maximum of fifty (50) days, by mutual agreement of the Council, the griever, and where appropriate, the Professional Institute. 9.09.6 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 9.09.7 In the case of a policy grievance, the Association Professional Institute may present a grievance in the manner prescribed in clause 17.109.10, not later than the thirty-fifth (35th) day after the date on which the Association Professional Institute was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 9.09.8 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received. 17.9.8 9.09.9 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the AssociationProfessional Institute.

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

Time Limits. In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word “day” shall mean a calendar day. 17.9.1 23.09.1 In the case of an individual or group grievance, the grieving party (the employee or the AssociationProfessional Institute, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.1023.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.2 23.09.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level. 17.9.3 23.09.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (ba) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed.forty 17.9.4 23.09.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment. 17.9.5 23.09.5 Unless a grievance relates to classification, the thirty-five (35) day time period within which the Council is to reply at the final level may be extended to a maximum of fifty (50) days, by mutual agreement of the Council, the griever, and where appropriate, the Professional Institute. 23.09.6 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 23.09.7 In the case of a policy grievance, the Association Professional Institute may present a grievance in the manner prescribed in clause 17.1023.10, not later than the thirty-fifth (35th) day after the date on which the Association Professional Institute was notified, either or verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 23.09.8 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received.twenty 17.9.8 23.09.9 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the AssociationProfessional Institute.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Time Limits. In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word “day” shall mean a calendar day. 17.9.1 23.09.1 In the case of an individual or group grievance, the grieving party (the employee or the AssociationProfessional Institute, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.1023.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.2 23.09.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level.days 17.9.3 23.09.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (ba) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed.forty 17.9.4 23.09.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment. 17.9.5 23.09.5 Unless a grievance relates to classification, the thirty-five (35) day time period within which the Council is to reply at the final level may be extended to a maximum of fifty (50) days, by mutual agreement of the Council, the griever, and where appropriate, the Professional Institute. 23.09.6 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 23.09.7 In the case of a policy grievance, the Association Professional Institute may present a grievance in the manner prescribed in clause 17.1023.10, not later than the thirty-fifth (35th) day after the date on which the Association Professional Institute was notified, either or verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 23.09.8 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received.twenty 17.9.8 23.09.9 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the AssociationProfessional Institute.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Time Limits. In determining a. Time limits throughout this Article referring to “days” will mean calendar days. The parties may, by mutual agreement, extend the time within which any action is to be taken as prescribed limits contained in this procedure, reference Article related to the word “day” filing, meeting(s), or processing of a grievance. Neither party shall mean arbitrarily nor unreasonably refuse to agree to a calendar daywritten request for an extension of a time limit in this Article. If the other party denies the request for extension of time, then the requesting party shall have five (5) days, or the remainder of the original filing period, whichever is longer, to file the grievance or otherwise respond. 17.9.1 In b. All formal grievances must be presented no later than forty-two (42) days from the case date of an individual or group grievance, the grieving party (the employee or the Association, as the case may be), may present a grievance to the first level occurrence of the grievance procedure in the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance matter giving rise to such the grievance. 17.9.2 The Council shall normally reply to an individual , or group grievance at any level of the grievance procedure, except the final level, not later than twenty within forty-two (2042) days after the Grievant(s), through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. c. The Faculty member(s) or Association may preserve the right to file a formal grievance by filing an Intent to File Notice, within the forty-two (42) day period, while simultaneously pursuing the Informal Resolution Process noted in Section 6.02. d. If a formal grievance is received not filed within the time limits set forth above, it shall be considered “waived” and within thirty-five (35) days where the may not be pursued further. If a grievance is presented at not appealed to the final levelnext level of the formal grievance procedure within the time limit specified in Section 6.05(d) or any agreed extension thereof, it shall be considered settled on the basis of the Board’s last answer. 17.9.3 An individual e. If the Board does not respond to a formal grievance or group formal grievance appeal within the time limits specified in Section 6.04(c) or 6.04(d) or any agreed extension thereof, the formal grievance may be presented for consideration considered to be denied at each succeeding that level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory and automatically appealed to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to next level. The timeline for the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration response at the next higher level within forty (40will not begin until the Grievant(s) days after or the last day Association serves formal notification to the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsednext level Administrator. 17.9.4 An individual f. Once a formal grievance may has been timely filed, the time limits for processing a grievance shall be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employmentstopped between December 15 and January 15. 17.9.5 g. The Council processing of timely filed workload and merit pay formal grievances shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 In the case of a policy grievancecontinue between May 15 and August 15. For all other timely filed formal grievances, the Association may present a grievance processing shall continue between May 15 and August 15 unless either party notifies the other in writing that the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the Association was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received. 17.9.8 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the Associationstopped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Time Limits. In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word “day” shall mean a calendar day. 17.9.1 19.9.1 In the case of an individual or group grievance, the grieving party (the employee or the Association, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.1019.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.2 19.9.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level. 17.9.3 19.9.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed. 17.9.4 19.9.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment. 17.9.5 19.9.5 Unless a grievance relates to classification, the thirty-five (35) day time period within which the Council is to reply at the final level may be extended to a maximum of fifty (50) days, by mutual agreement of the Council, the griever, and where appropriate, the Association. 19.9.6 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 19.9.7 In the case of a policy grievance, the Association may present a grievance in the manner prescribed in clause 17.1019.10, not later than the thirty-fifth (35th) day after the date on which the Association was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 19.9.8 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received. 17.9.8 19.9.9 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the Association.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Time Limits. In determining a. Time limits throughout this Article referring to “days” will mean calendar days. The parties may, by mutual agreement, extend the time within which any action is to be taken as prescribed limits contained in this procedure, reference Article related to the word “day” filing, meeting(s), or processing of a grievance. Neither party shall mean arbitrarily and unreasonably refuse to agree to a calendar daywritten request for an extension of a time limit in this Article. If the other party denies the request for extension of time, then the requesting party shall have five (5) days, or the remainder of the original filing period, whichever is longer, to file the grievance or otherwise respond. 17.9.1 In b. All formal grievances must be presented no later than forty-two (42) days from the case date of an individual or group grievance, the grieving party (the employee or the Association, as the case may be), may present a grievance to the first level occurrence of the grievance procedure in the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance matter giving rise to such the grievance. 17.9.2 The Council shall normally reply to an individual , or group grievance at any level of the grievance procedure, except the final level, not later than twenty within forty-two (2042) days after the Grievant(s), through the use of reasonable diligence, could have obtained knowledge of the first occurrence of the event giving rise to the grievance. c. The Faculty member(s) or Association may preserve the right to file a formal grievance by filing an Intent to File Notice, within the forty-two (42) day period, while simultaneously pursuing the Informal Resolution Process noted in Section 6.02. d. If a formal grievance is received not filed within the time limits set forth above, it shall be considered “waived” and within thirty-five (35) days where the may not be pursued further. If a grievance is presented at not appealed to the final levelnext level of the formal grievance procedure within the time limit specified in Section 6.05(d) or any agreed extension thereof, it shall be considered settled on the basis of the Board’s last answer. 17.9.3 An individual e. If the Board does not respond to a formal grievance or group formal grievance appeal within the time limits specified in Section 6.04(c) or 6.04(d) or any agreed extension thereof, the formal grievance may be presented for consideration considered to be denied at each succeeding that level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory and automatically appealed to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to next level. The timeline for the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration response at the next higher level within forty (40will not begin until the Grievant(s) days after or the last day Association serves formal notification to the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsednext level Administrator. 17.9.4 An individual f. Once a formal grievance may has been timely filed, the time limits for processing a grievance shall be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employmentstopped between December 15 and January 15. 17.9.5 g. The Council processing of timely filed workload and merit pay formal grievances shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 In the case of a policy grievancecontinue between May 15 and August 15. For all other timely filed formal grievances, the Association may present a grievance processing shall continue between May 15 and August 15 unless either party notifies the other in writing that the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the Association was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received. 17.9.8 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the Associationstopped.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Time Limits. In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word “day” shall mean a calendar day. 17.9.1 9.09.1 In the case of an individual or group grievance, the grieving party (the employee or the AssociationProfessional Institute, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.109.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.2 9.09.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level. 17.9.3 9.09.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed. 17.9.4 9.09.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment. 17.9.5 9.09.5 Unless a grievance relates to classification, the thirty-five (35) day time period within which the Council is to reply at the final level may be extended to a maximum of fifty (50) days, by mutual agreement of the Council, the griever, and where appropriate, the Professional Institute. 9.09.6 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 9.09.7 In the case of a policy grievance, the Association Professional Institute may present a grievance in the manner prescribed in clause 17.109.10, not later than the thirty-fifth (35th) day after the date on which the Association Professional Institute was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance.in 17.9.7 9.09.8 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received. 17.9.8 9.09.9 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the AssociationProfessional Institute.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Time Limits. In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word “day” shall mean a calendar day. 17.9.1 11.09.1 In the case of an individual or group grievance, the grieving party (the employee or the AssociationProfessional Institute, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.1011.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.2 11.09.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level.within 17.9.3 11.09.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either (a) when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or, (b) when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed. 17.9.4 11.09.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment. 17.9.5 11.09.5 Unless a grievance relates to classification, the thirty-five (35) day time period within which the Council is to reply at the final level may be extended to a maximum of fifty (50) days, by mutual agreement of the Council, the griever, and where appropriate, the Professional Institute. 11.09.6 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received. 17.9.6 11.09.7 In the case of a policy grievance, the Association Professional Institute may present a grievance in the manner prescribed in clause 17.1011.10, not later than the thirty-fifth (35th) day after the date on which the Association Professional Institute was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance. 17.9.7 11.09.8 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received. 17.9.8 11.09.9 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the AssociationProfessional Institute.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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