Union Policy Grievance or Company Grievance. A union policy grievance filed by the plant Shop Committee or Company grievance may be submitted to the Company or the Union, as the case may be, in writing. A meeting between the Company and the Union shall be held within five (5) days of the presentation of the written grievance or at such other time is mutually agreed between the Union Representative and Management and shall take place within the framework of Step III. The Company or the Union, as the case may be, shall give its written decision within five (5) days after such meeting has been held. If the decision is unsatisfactory to the grieving party, the grievance may be submitted to arbitration within ten (10) working days of the delivery of such written decision and the arbitration sections of this Collective Agreement shall be followed. A policy grievance is defined as and limited to one which alleges a general misinterpretation or violation of the provisions of this Agreement and the provisions of this Article shall not be used by the Union to institute as a policy grievance, or grievance which because of its nature and scope directly affects an employee or employees and which such employee or employees should themselves have instituted. If a determination is made that a grievance filed as a policy grievance should have been filed as an individual or group grievance pursuant to the terms of this Collective Agreement, the parties agree that such improper filing will not be grounds for dismissal of the grievance; rather the grievance will be deemed to have been filed as an individual or group grievance, as the case may be. In such cases, the Company shall be entitled to an adjournment, if requested, and the Union shall provide the Company with particulars with respect to the individual grievance or group grievance, as the case may be. In regard to a policy grievance, the arbitrator may make such declaration as is appropriate. However, the arbitrator does not have jurisdiction to award compensation to employees.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Bargaining Agreement
Union Policy Grievance or Company Grievance. A union Union policy grievance filed by the plant Shop Committee Plant Chairperson or a Company grievance may be submitted to the Company or the Union, as the case may be, in writing. A meeting between the Company and the Union shall be held within five (5) days of the presentation of the written grievance or at such other time as is mutually agreed between the Union Representative and Management and shall take place within the framework of Step IIIIII Article 6:04 hereof. The Company or the Union, as the case may be, shall give its written decision within five (5) days after such meeting has been held. If the decision is unsatisfactory to the grieving party, the grievance may be submitted to arbitration within ten (10) working days of the delivery of such written decision and the arbitration sections of this Collective Agreement shall be followed. A policy grievance is defined as and limited to one which alleges a general misinterpretation or violation of the provisions of this Agreement and the provisions of this Article 6:08 shall not be used by the Union to institute as a policy grievance, or grievance a grievance which because of its nature and scope directly affects an employee or employees and which such employee or employees should themselves have instituted. If a determination is made that a grievance filed as a policy grievance should have been filed as an individual or group grievance pursuant to the terms of this Collective Agreement, the parties agree that such improper filing will not be grounds for dismissal of the grievance; rather , rather, the grievance will be deemed to have been filed as an individual or group grievance, as the case may be. In such casescase, the Company shall be entitled to an adjournment, if requested, and the Union shall provide the Company with particulars with respect to the individual grievance or group grievance, as the case may be. In regard to a policy grievance, the arbitrator may make such declaration as is appropriate. However, however, the arbitrator does not have jurisdiction to award compensation to employees.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Policy Grievance or Company Grievance. A union Union policy grievance filed by the plant Shop Committee or a Company grievance may be submitted sub- mitted to the Company or the Union, as the case may be, in writing. writ- ing within seven (7) days from the time the circumstances upon which the grievance is based were known or should have been known by the A meeting between the Company and the Union shall be held within five (5) days of the presentation of the written grievance or at such other time is mutually agreed between the Union Representative and Management and shall take place within the framework of Step IIINo. of Article hereof. The Company or the Union, as the case may be, shall give its written decision within five three (53) days after such meeting has been held. If the decision is unsatisfactory to the grieving party, the grievance griev- ance may be submitted to arbitration within with ten (10) working days of the delivery of such written decision and the arbitration sections of this Collective Agreement shall be followed. A policy grievance It is defined as and limited to one which alleges a general misinterpretation or violation of expressly understood that the provisions of this Agreement and the provisions of this Article paragraph shall not be used by the Union to institute as a policy grievance, or grievance which because of its nature and scope directly affects affecting an employee or employees and which such employee employ- ee or employees should could themselves have instituted. If a determination is made that a grievance filed as a policy grievance should have been filed as an individual or group grievance pursuant to the terms of this Collective Agreement, the parties agree that such improper filing will not be grounds for dismissal of the grievance; rather the grievance will be deemed to have been filed as an individual or group grievance, as the case may be. In such cases, the Company shall be entitled to an adjournment, if requestedinstitute, and the provisions of Article hereof shall not be by-passed. A claim by a seniority employee that he has been discharged without just cause shall be treated as a grievance and shall com- mence at Step No. of Article provided a written grievance signed by the employee is presented to the Human Resources Manager within three (3) days after the discharge. A Staff Representative of the Union shall provide or local union officer will be permit- xxx to attend the meeting held pursuant thereto, with the Human Resources Manager. Employees required to attend investigative meetings with the Company with particulars with respect which may result in discipline, or to attend meet- ings held for the purposes of issuing discipline, shall be represent- ed by a union representative, who shall be the employee's area representative if he or she is available, the Chairperson. When two or more employees wish to file a grievance aris- ing from the same incident, such grievance may be handled as a group grievance and presented to the individual Company beginning at Step No. of the grievance or group grievance, as the case may be. In regard to a policy grievance, the arbitrator may make such declaration as is appropriate. However, the arbitrator does not have jurisdiction to award compensation to employeesprocedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Policy Grievance or Company Grievance. A union policy grievance filed by the plant Shop Committee or Company a company grievance may be submitted to the Company or the Union, as the case may be, in writing, within thirty (30) days from the time the circum- stances upon which the grievance is based were known or should have been known by the griever. A meeting between the Company and the Union shall be held within five (5) ten days of the presentation of the written grievance or at such other time is mutually agreed between the Union Representative and Management and shall take place within the framework of Step III. Three (3) or Article The Company or the Union, as the case may be, shall give its written decision within five (5) ten days after of such meeting has been heldmeeting. If the decision is unsatisfactory to the grieving party, the grievance may must be submitted to arbitration within ten thirty (1030) working days of the delivery of such written decision and the arbitration sections of this Collective Agreement shall be followed. A policy grievance It is defined as expressly understood and limited to one which alleges a general misinterpretation or violation of agreed that the provisions of this Agreement and the provisions provi- sions of this Article shall not be used by the Union to institute as in a policy grievance, or grievance which because of its nature and scope directly affects affecting an employee or employees group of employ- ees. Arbitration: The Board of Arbitration shall be composed of one (1) Company appointed member, one (1) Union appointed mem- ber and which one (1) impartial member, appointed by the Company and the Union who shall be the Chairperson. Upon the failure of the Company and the Union to select the third impartial member of the Board of Arbitration, the matter shall be referred to the Minister of Labour, Province of Manitoba, requesting to appoint the third Arbitrator. The Board of Arbitration so chosen shall convene and register its decision within fifteen (15) days of the appointment of the third impartial member. All decisions rendered by a majority of such employee or employees should themselves have instituted. If a determination is made that a grievance filed as a policy grievance should have been filed as an individual or group grievance pursuant Board of Arbitration shall be limited, howev- er, to construing and interpreting the rights of the parties under the terms of this Collective Agreement, . It shall have no power to amend this Agreement or add to its terms in any way. Each of the parties agree that such improper filing will not be grounds for dismissal hereto shall bear the expense of the grievance; rather Arbitrator appointed by it and the grievance will be deemed parties shall jointly bear the expense of the Chairperson of the Arbitration Board, if any. The parties may mutually agree to have been filed the appointment of a single arbitrator, as an individual alternative to a three person board. No person may be appointed as Arbitrator who has been involved in an attempt to negotiate or group grievancesettle the griev- ance. by an employee who has attained seniority that has been discharged without just cause shall be treat- ed as a grievance and shall be lodged in writing to the Company and the Union within five (5) working days after the employee ceases to work for the Company. The grievance shall thereupon be processed commencing with the Step Three (3) of the Grievance Procedure. If the employee’s claim is found to be justified, shall be reinstated in employment, with full compensation for the time lost at regu- lar rates, or with such lesser compensationas may appear just and equitable to the conferring parties or the Arbitration Board as the case may be. In such cases, leaving the Company premises. The employer shall be entitled to an adjournment, if requested, and the Union shall provide the Company with particulars with respect to the individual grievance not discipline or group grievance, as the case may be. In regard to a policy grievance, the arbitrator may make such declaration as is appropriate. However, the arbitrator does not have jurisdiction to award compensation to employeesdismiss any employee bound by this Agreement except for just cause.
Appears in 1 contract
Samples: Collective Agreement
Union Policy Grievance or Company Grievance. A union policy grievance filed by the plant Shop Committee or Company a company grievance may be submitted to the Company or the Union, as the case may be, in writing, within thirty (30) days from the time the circum- stances upon which the grievance is based were known or should have been known by the griever. A meeting between the Company and the Union shall be held within five ten (510) days of the presentation of the written grievance or at such other time is mutually agreed between the Union Representative and Management and shall take place within the framework of Step III. Three (3) or Article The Company or the Union, as the case may be, shall give its written decision within five ten (510) days after of such meeting has been heldmeeting. If the decision is unsatisfactory to the grieving party, the grievance may must be submitted to arbitration within ten thirty (1030) working days of the delivery of such written decision and the arbitration sections of this Collective Agreement shall be followed. A policy grievance It is defined as expressly understood and limited to one which alleges a general misinterpretation or violation of agreed that the provisions of this Agreement and the provisions provi- sions of this Article shall not be used by the Union to institute as in a policy grievance, or grievance which because of its nature and scope directly affects affecting an employee or employees group of employ- ees. The Board of Arbitration shall be composed of one (1) Company appointed member, one (1) Union appointed mem- ber and which one (1) impartial member, appointed by the Company and the Union who shall be the Chairperson. Upon the failure of the Company and the Union to select the third impartial member of the Board of Arbitration, the matter shall be referred to the Minister of Labour, Province Manitoba, requesting to appoint the third Arbitrator. The Board of Arbitration so chosen shall convene and register its decision within fifteen (15) days of the appointment of the third impartial member. All decisions rendered by a majority of such employee or employees should themselves have instituted. If a determination is made that a grievance filed as a policy grievance should have been filed as an individual or group grievance pursuant Board shall be limited, howev- er, to construing and interpretingthe rights of the parties under the terms of this Collective Agreement, . It shall have no power to amend this Agreement or add to its terms in any way. Each of the parties agree that such improper filing will not be grounds for dismissal hereto shall bear the expense of the grievance; rather Arbitrator appointed by it and the grievance will be deemed parties shall jointly bear the expense of the Chairperson of the Arbitration Board. if any. The parties may mutually agree to have been filed the appointment of a single arbitrator, as an individual or group grievance, as the case may be. In such cases, the Company shall be entitled to an adjournment, if requested, and the Union shall provide the Company with particulars with respect to the individual grievance or group grievance, as the case may be. In regard alternative to a policy grievance, three person board. No person may be appointed as Arbitrator who has been involved in an attempt negotiate or settle the arbitrator may make such declaration as is appropriate. However, the arbitrator does not have jurisdiction to award compensation to employeesgriev- ance.
Appears in 1 contract
Samples: Collective Agreement