GRIEVANCE AND ARBITRATION. 15.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement.
15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting.
15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge.
15.04 Grievances concerning rates ...
GRIEVANCE AND ARBITRATION. Casual employees have access to the grievance and arbitration procedures. (Reference Article 9 - Grievances and Article 10 - Arbitration.)
GRIEVANCE AND ARBITRATION. 26.01 The Parties being aware of the high cost of Arbitration agree that they may wish to utilize professional Alternative Dispute Resolution Procedures as are available through the Province of Nova Scotia or from other sources. Both Parties agree to use their best efforts to implement Alternative Dispute Resolution Procedures as appropriate in the resolution of disputes.
26.02 Failing settlement, the grievance shall be settled by Arbitration. The Arbitrator shall be as agreed between the Parties. Failing agreement either Party may utilize the provisions of Section 107 of the Trade Union Act.
GRIEVANCE AND ARBITRATION. The parties agree that the decision or award of the arbitrator shall be final and binding on each of the parties and that they will abide thereby, unless the award is vacated pursuant to statute. The power of the arbitrator in this process shall be limited to determine whether the policy, procedure, or rule is unreasonable. If the arbitrator's ruling is that the policy, procedure, or rule is unreasonable, the Agency shall immediately withdraw the policy, procedure or rule.
GRIEVANCE AND ARBITRATION. Each Party may go forward with only one (1) class. Each Party may choose to take to arbitration either the current class, class appealed to, or an alternate class identified by a committee member. The Parties will agree upon a permanent appointment of one (1) arbitrator to hear grievances arising from this Article. This arbitrator shall have special qualifications to hear these matters; however, each side retains the right to initiate a change in that assignment upon notice to the other side. The change in the assigned arbitrator shall be effective for any case not yet scheduled for arbitration. The arbitrator shall allow the decision of the Agency to stand unless he/she concludes that the proposed classification more accurately depicts the overall assigned duties, authority, and responsibilities using the criteria specified in Section 1. In the event the arbitrator finds in favor of the proposed or alternate classification, management retains the right to, on a timely basis, adjust duties consistent with its current classification.
GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance.
3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision.
4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.
GRIEVANCE AND ARBITRATION. For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at an stage of the grievance procedure an employee shall have the upon request, to the presence of Xxxxxxx. In the case or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it IS under- stood an employee has no grievance until he has first given his immediate supervisor the opportunity of his complaint. The griever may have the assistance of a Union if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement ,within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision. All grievances arising between employees and the Hospital will be dealt with in accordance with the following procedures: STEP ONE The grievance shall be put in writing and signed by the employee or Union Representative and a given to the manager within five (5) working days of decision of immediate supervisor. The held within five (5) working days of time of receipt of !he grievance by the immediate supervisor. The immediate Supervisor shall give a decision in writing five
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or claim (herein, collectively, a “grievance” or “grievances”) between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the facts giving rise to the grievance. The Employer and the WGAE shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within ninety (90) days following the grievance meeting (or, if the parties fail to meet as prescribed above, within one hundred twenty (120) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. No award in any such arbitration shall be retroactive to a date more than ninety (90) days prior to the date when the grievance was presented.
D. The determination of the arbitrator shall be final and binding upon the Employer, the WGAE, and/or the represented bargaining unit employee(s); and the costs of the arbitration (e.g., arbitrator’s fee, filing fees) shall be borne equally by the Employer and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
F. The WGAE Agrees and acknowledges that it is unaware of any Employer employment policy or practice...
GRIEVANCE AND ARBITRATION. 30.01 The parties agree to use every reasonable effort to encourage the informal, amicable, and prompt resolution of grievances arising from the administration, interpretation or application of this Agreement.
30.02 All written communications pursuant to the Article shall be by registered mail or receipted delivery.
GRIEVANCE AND ARBITRATION. A grievance is hereby defined to mean a dispute involving the meaning, interpretation, or application of this contract. An employee and/or the Union may request the settlement of a grievance by observing the following procedure:
Step 1 The grievance shall be presented in written form to the Superintendent or his/her designee within ten (10) working days of the occurrence of the event upon which the grievance is based. The grievance shall specify the sections of the contract involved. The Superintendent or his/her designee shall give his/her answer within five (5) working days after the presentation of the grievance. If there is no answer within five (5) working days, the grievance is deemed denied.
Step 2 If the grievance is not satisfactorily settled at Step 1, it shall be submitted within ten (10) working days after the expiration of Step 1 to the Superintendent of Schools, who shall give a written answer within five (5) working days. If there is no answer within five (5) working days, the grievance is deemed denied.
Step 3 If the grievance is not satisfactorily settled at Step 2, it shall be referred to the School Committee to be considered at its next regular business meeting or within thirty (30) days after the expiration of Step 2, whichever is later. If the grievance is not satisfactorily settled at Step 3, the parties may submit it for arbitration in accordance with the voluntary arbitration rules of the American Arbitration Association. Arbitration shall consist of one (1) grievance only, unless the parties shall mutually agree otherwise. The decision of the Arbitrator appointed or selected in accordance with the rules and regulations of the American Arbitration Association shall be final and binding upon all parties, if supported by substantial evidence and in conformity with the contract. Any grievance hereunder which is not processed within the foregoing time limits and in accordance with the foregoing procedures is deemed waived and may not be submitted to arbitration. Such arbitration mentioned in this section shall be limited to the grievance under arbitration. The cost of such arbitration is to be shared equally between the parties.
