GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to the meaning, interpretation or alleged violation of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner:
Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance.
Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal.
Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received.
28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration.
28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4.
28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shal...
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 a. In the event that the IATSE or an employee covered by this Agreement contends that the Employer has violated a provision of this Agreement, or the Employer contends that the IATSE or an employee has violated a provision of this Agreement, the following procedures shall be applicable:
1. Within ten (10) business days of the time the employee of the Union knew (or reasonably should have known) of the event giving rise to the grievance, the IATSE must give written notice to the Employer of the claim, but in no event more than three (3) months after the event which gave rise to the grievance occurred. To the extent grievances related to the timely and proper payments under the health and welfare plan may be grieved, this provision shall have no application assuming such grievances are not barred or preempted by the governing plan or federal law. The failure to submit a complaint within the time periods specified shall constitute a bar to further action thereon. The written grievance shall include the specific sections of the Agreement which are alleged to have been violated, the date(s) or approximate date(s) of the alleged violation(s), the facts on which the grievance is based, the name of the individuals aggrieved (if applicable), and the remedy sought.
2. A representative of the IATSE and a designated representative of the Employer shall, within ten (10) business days after service of a written notice of the claim, meet and discuss the matter and attempt to effect a settlement of said controversy or dispute.
3. In the event that such controversy or dispute is not settled by the Employer and the IATSE within twenty (20) working days after the written notice given pursuant to paragraph (1) above, or within ten business days after meeting referred to in paragraph (2) above, then such controversy or dispute resolution may be submitted to arbitration. The demand for arbitration must be made in writing by the IATSE, no later than forty (40) business days after written notice referred to in paragraph (1) above. Each party shall bear the cost of the arbitrator’s fees and expenses.
4. The parties will attempt to establish a mutually agreeable panel of permanent arbitrator(s) for the duration of this Agreement. If the parties are unable to agree upon such arbitrator(s), the arbitrator shall be selected from a lot obtained from the Federal Mediation and Conciliation Service, or the American Arbitration association at Employers’ expense, by alternate striking of na...
GRIEVANCE AND ARBITRATION. For the purposes of this Agreement, a grievance or com- plaint 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 the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been vio- lated At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, upon request, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires, Such complaint shall be discussed with his immediate super- visor 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 days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in the following manner and sequence.
GRIEVANCE AND ARBITRATION. A. A grievance is a claim by an individual ASE, a group of ASEs, or the Union, that the University has violated a specific provision of this Agreement during the term of this Agreement. A grievant may be represented at all stages of the grievance and arbitration procedures.
B. Only the Union has standing to file a grievance on the following:
1. A campus’ failure to establish a campus-wide web site that lists the ASE positions anticipated by the date agreed to in Article 21, Posting.
2. A campus’ failure to provide ASE lists in accordance with Article 26, Union Access and Rights, and Article 27, Union Security.
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 sixty (60) business days after the grieving party knew or with due diligence should have known of the circumstances 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 thirty (30) days following the grievance meeting (or, if the parties fail to meet as prescribed above, within forty (40) 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.
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.
