Common use of 00 - GRIEVANCE PROCEDURE Clause in Contracts

00 - GRIEVANCE PROCEDURE. 11.01 All differences between the Employer and the Union regarding the interpretation, application, operation and an alleged violation of this Agreement shall be settled without stoppage of work or lock- out by negotiation or as hereafter provided. 11.02 Either the Union or the Employer shall submit his complaint to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisor. 11.03 If the complaint is not settled within ten (10) working days, excluding Saturdays, Sundays, and Holidays, the aggrieved party shall submit his complaint in writing to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the Union, who shall endeavor to settle the complaint with the Human Resources Representative 11.04 If the complaint is not settled within five (5) working days (excluding Saturdays, Sundays, and holidays), either party may take the grievance to an Arbitrator for final binding settlement. 11.05 If a grievance between an Employee or the Employer and the Union has not been settled as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative may process the grievance at this point on behalf of the Employee. 11.06 If the Union and Employer fail to select and arbitrator within five (5) days thereafter (excluding Saturdays, Sundays, and holidays), either party may request the Minister of Labor to select an Arbitrator. 11.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitrator. 11.08 The Arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the Agreement, the Arbitrator shall accept that as evidence at the grievance hearing. 11.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided in provincial labor legislation. 11.11 The parties agree than an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislation.

Appears in 2 contracts

Sources: Prairie Rail Agreement, Prairie Rail Agreement

00 - GRIEVANCE PROCEDURE. 11.01 All differences 6:01 This Grievance and Arbitration Procedure shall not apply to Union concerns regarding the adequacy of Job Documents and/or the Rating, for jobs covered by the Job Evaluation Plan, which shall be processed in accordance with the Challenge Procedure contained in the Job Evaluation Manual. (1) Within the terms of this Agreement, a Grievance shall be defined as a difference arising between an Employee, the Union or both, and the Employer and the Union regarding as to the interpretation, application, operation and an administration or the alleged violation of the provisions of this Agreement shall be settled without stoppage of work or lock- out by negotiation or as hereafter providedAgreement. 11.02 Either (2) An Employee Grievance must be signed by the Union or the Employer shall submit his complaint to the aggrieved Employee and a general ▇▇▇▇▇▇▇▇▇ must be signed by the President and Secretary of the Union or their appointees and must also indicate the specific redress sought. (3) Working Days" in this Article shall be defined as Monday to Friday, exclusive of Saturday and Sunday and Specified Paid Holidays as defined in the Collective Bargaining Agreement. (4) Complaints and Grievances shall be dealt with in the following manner, and all Grievances must be in writing and may be submitted provided that no more than thirty (30) working days have elapsed since the occurrence of the alleged Grievance. (5) The Employer acknowledges the right of the Union to appoint or otherwise select a Union Grievance Committee from members of CUPE and its Local 4705, Inside Unit who shall be Employees of the Employer. The members of such a Committee shall be communicated to the Employer. (6) Any Grievances by the Employer or the Union as provided under Article 6:03(1), shall be filed within sixty (60) working days of the date of the occurrence. (7) It is agreed and understood by both Parties hereto that there shall be no extension to the time limits as outlined in the Grievance Procedure unless by mutual consent. (8) An Employee may be discharged, suspended or disciplined for just cause. If the Employee believes he/she has been unjustifiably discharged, suspended or disciplined, the Employee may have his/her Grievance processed under the Grievance Procedure starting at Stage Two for suspension and discipline and Stage Three for discharge, if presented in writing within seven (7) working days after the date of discharge, suspension or discipline. If a Grievance should be settled finally in the Grievor's favour, reinstatement and pay adjustments shall be made at the Employee's regular basic rate (less amounts earned during time lost) for the hours per week or any other arrangement which is just and equitable in the opinion of the conferring Parties or in his absence, the opinion of a Board of Arbitration if the matter is referred to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisorsuch a Board. 11.03 If the complaint is not settled within ten (9) Stage One (10) working days, excluding Saturdays, Sundays, and Holidays, the aggrieved party shall submit his complaint in writing to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the Union, who shall endeavor to settle the complaint with the Human Resources Representative 11.04 If the complaint is not settled within five (5) working days (excluding Saturdays, Sundays, and holidays), either party may take the grievance to an Arbitrator for final binding settlement. 11.05 If a grievance between an Employee or the Employer and the Union has not been settled as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative may process the grievance at this point on behalf of the Employee. 11.06 If the Union and Employer fail to select and arbitrator within five (5) days thereafter (excluding Saturdays, Sundays, and holidays), either party may request the Minister of Labor to select an Arbitrator. 11.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitrator. 11.08 The Arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the Agreement, the Arbitrator shall accept that as evidence at the grievance hearing. 11.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided in provincial labor legislation. 11.11 The parties agree than an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislation.Stage Two

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

00 - GRIEVANCE PROCEDURE. 11.01 All differences ‌ 6:01 This Grievance and Arbitration Procedure shall not apply to Union concerns regarding the adequacy of Job Documents and/or the Rating, for jobs covered by the Job Evaluation Plan, which shall be processed in accordance with the Challenge Procedure contained in the Job Evaluation Manual. (1) Within the terms of this Agreement, a Grievance shall be defined as a difference arising between an Employee, the Union or both, and the Employer and the Union regarding as to the interpretation, application, operation and an administration or the alleged violation of the provisions of this Agreement shall be settled without stoppage of work or lock- out by negotiation or as hereafter providedAgreement. 11.02 Either (2) An Employee Grievance must be signed by the aggrieved Employee and a general Grievance must be signed by the President and Secretary of the Union or their appointees and must also indicate the specific redress sought. (3) Working Days" in this Article shall be defined as Monday to Friday, exclusive of Saturday and Sunday and Specified Paid Holidays as defined in the Collective Bargaining Agreement. (4) Complaints and Grievances shall be dealt with in the following manner, and all Grievances must be in writing and may be submitted provided that no more than thirty (30) working days have elapsed since the occurrence of the alleged Grievance. (5) The Employer acknowledges the right of the Union to appoint or otherwise select a Union Grievance Committee from members of CUPE and its Local 4705, Inside Unit who shall be Employees of the Employer. The members of such a Committee shall be communicated to the Employer. (6) Any Grievances by the Employer or the Union as provided under Article 6:04(1), shall submit his complaint be filed within sixty (60) working days of the date of the occurrence. (7) It is agreed and understood by both Parties hereto that there shall be no extension to the time limits as outlined in the Grievance Procedure unless by mutual consent. (8) An Employee may be discharged, suspended or disciplined for just cause and if the Employee believes he/she has been unjustifiably discharged, suspended or disciplined, the Employee may have his/her Grievance processed under the Grievance Procedure starting at Stage Two, if presented in writing within seven (7) working days after the date of discharge, suspension or discipline. If a Grievance should be settled finally in the Grievor's favour, reinstatement and pay adjustments shall be made at the Employee's regular basic rate (less amounts earned during time lost) for the hours per week or any other arrangement which is just and equitable in the opinion of the conferring Parties or in the opinion of a Board of Arbitration if the matter is referred to such a Board. (9) Stage One‌ It is understood that an Employee has no Grievance until he/she has first given his/her Supervisor an opportunity to adjust his/her Complaint. In discussing his/her Complaint, the Employee may be accompanied by a ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisor. 11.03 If the complaint . Any Employee’s Complaint which is not settled by his/her Supervisor within ten three (3) working days of the lodging of the Complaint, shall then commence at Stage Two of the Grievance Procedure provided that no more than thirty (30) working days have elapsed since the occurrence of the alleged Grievance. It is to be understood that any decision reached at Stage One of the Grievance Procedure is without precedent or prejudice. (10) working days, excluding Saturdays, Sundays, and Holidays, Stage Two‌ One Union Grievance Committee Member accompanied by the aggrieved party Employee, shall submit his complaint in writing the written Grievance to his/her respective Manager or Director or their designates and send one (1) copy to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative Director of the Union, who shall endeavor to settle the complaint with the Human Resources Representative 11.04 If the complaint is not settled and Organizational Development. A meeting shall take place with these participants within five (5) working days (excluding Saturdays, Sundays, and holidays), either party may take the grievance to an Arbitrator for final binding settlement. 11.05 If a grievance between an Employee or the Employer and the Union has not been settled as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative may process the grievance at this point on behalf of the Employee. 11.06 If the Union and Employer fail to select and arbitrator within five (5) days thereafter (excluding Saturdays, Sundays, and holidays), either party may request the Minister of Labor to select an Arbitrator. 11.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitrator. 11.08 The Arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the Agreement, the Arbitrator shall accept that as evidence at the grievance hearing. 11.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided in provincial labor legislation. 11.11 The parties agree than an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislation.seven

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

00 - GRIEVANCE PROCEDURE. 11.01 All differences 16.01 Any dispute, grievance or misunderstanding between the Employer and Employer, the Association, an employee, and/or the Union regarding concerning the interpretation, application, operation and or an alleged violation of this Agreement shall be settled without stoppage of work or lock- out by negotiation or walkout as hereafter provided.follows: 11.02 Either 16.02 Any employee, employees, and/or Union who has a grievance within the Union or terms of this Agreement shall put the Employer same in writing within fifteen (15) working days and having been duly signed shall submit his complaint present the same to the shop ▇▇▇▇▇▇▇ or, if there is no shop ▇▇▇▇▇▇▇, or in his absencethen to the Employer, to an Official Representative who with the Business Agent will discuss the matter. (a) If a grievance has not been resolved following the preceding steps of the unionGrievance Procedure, who the grievance shall endeavor be referred to settle a Joint Grievance Panel (JGP), unless one of the complaint between parties to the Employee and his immediate Supervisorgrievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. 11.03 If (b) In the complaint is not settled event a party serves notice of an intention to bypass the JGP the matter may be referred to arbitration within ten (10) working days, excluding Saturdays, Sundays, and Holidays, the aggrieved party shall submit his complaint in writing to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the Union, who shall endeavor to settle the complaint with the Human Resources Representative 11.04 If the complaint is not settled within five (5) working days (excluding Saturdays, Sundays, and holidays), either party may take the grievance to an Arbitrator for final binding settlementStatutory Holidays) of such notice being served. 11.05 If a grievance between an Employee or (c) Such Joint Grievance Panel will consist of two (2) appointees of the Employer and two (2) appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of/spokesman for the Union has not been settled as provided or for above, the grievance subject Registered Employers’ Organization shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative may process the grievance at this point on behalf of the Employeeappointed. 11.06 If (d) The Joint Grievance Panel shall hold a hearing into the Union and Employer fail to select and arbitrator matter within five ten (510) days thereafter (excluding Saturdays, Sundays, and holidaysStatutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three (3) days (excluding Saturdays, Sundays, and Statutory Holidays) of the date the hearing was held. (e) Each of the parties shall advise the other, within five (5) days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (g) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may then refer the matter to Arbitration as referenced below within ten (10) days (excluding Saturdays, Sundays, and Statutory Holidays) of receipt of the JGP recommendations. (h) No lawyers shall be permitted to participate in the JGP proceedings. If the above pre-arbitration process is not utilized, the grievance of either employee, Employer, Registered Employers' Organization, or Union is not settled to the satisfaction of either party may within seven (7) days from the date upon which written grievance was presented to the other side, the party dissatisfied shall, by written notice, notify the other party of their desire to appoint a grievance board within five (5) working days. The Union and the Employer shall each appoint one (l) member to represent the respective parties, and the two (2) members so appointed shall endeavor to select an independent chairman within five (5) working days. 16.03 Failing to agree within five (5) working days on the selection of an independent chairman, the two (2) appointees shall request the Minister of Labor Labour to select an Arbitratora chairman. 11.07 16.04 The parties grievance board so established shall have the authority to interpret this Agreement and apply the provisions of this Agreement and it shall not alter or direct an alteration to this Agreement or make any deletions or additions hereto. 16.05 The grievance board may dispose of any discharge of discipline grievance in any manner which it considers just or equitable. 16.06 The majority decision of the grievance board shall be final and binding upon both parties. 16.07 The Employer and the Union agree that the unsuccessful party will pay the expenses cost of the ArbitratorArbitrator or Arbitration Board shall be borne by the unsuccessful party, provided always, that the cost shall be limited to the actual cost of the Arbitrator or Chairman of the Arbitration Board and the costs of each nominee to an Arbitration Board to a maximum of $300.00 per day for each nominee. 11.08 The Arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the Agreement16.08 Notwithstanding Clause 16.07 above, the Arbitrator shall accept or Arbitration Board may exercise his/its discretion in an appropriate case to rule that as evidence at the grievance hearingcost of the Arbitration Board or Arbitrator is shared equally. 11.10 The arbitrator may not change, modify or alter 16.09 If it appears that any portion of the terms Agreement contravenes Federal or Provincial legislation or regulations, such provisions shall be inoperative but the balance of this Agreement. All differences submitted the Agreement shall present an arbitral issue under this Agreement continue in full force and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided in provincial labor legislationeffect. 11.11 The parties agree than an award of such arbitrator may be enforced under the proper provisions 16.10 Any of the applicable provincial legislationabove time limits respecting a grievance can be extended if mutually agreed by both parties in writing.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Agreement

00 - GRIEVANCE PROCEDURE. 11.01 15.01 All differences between the Employer and the Union regarding the interpretation, application, operation and operation, or an alleged violation of this Agreement shall be settled without stoppage of work or lock- out lockout by negotiation or as hereafter hereinafter provided. All time limits in this Article may be extended only by mutual consent between the Employer and the Union. 11.02 15.02 Either the Union or the Employer may institute a grievance under the terms of this Agreement within five working days of becoming aware of the incident complained of. If they fail to settle same within five (5) days after the grievance is instituted, either party may proceed to take the grievance to an arbitrator as provided in 15.05. 15.03 An aggrieved employee shall submit his complaint to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisor. 11.03 If the complaint is not settled within ten (10) working days, excluding Saturdays, Sundays, and Holidays, the aggrieved party shall submit his complaint in writing to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative official representative of the Union, who shall endeavor to settle the complaint with between the Human Resources Representativeemployee and his immediate supervisor within five days of the first occurrence of the incident complained of. 11.04 15.04 If the complaint is not settled within five two (52) working days (excluding Saturdays, Sundays, and holidaysHolidays), either party it may take be referred to the grievance to Project Manager and an Arbitrator for final binding settlementOfficial representative of the Union. 11.05 15.05 If a grievance between an Employee or employee and the Employer and the Union has not been settled as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative representative may process the grievance at this point on behalf of the Employeeemployee. 11.06 15.06 If the Union and the Employer fail to select and an arbitrator within five three (53) days thereafter (excluding Saturdays, Sundays, Sundays and holidaysHolidays), either party may request the Minister of Labor Labour to select an Arbitratorarbitrator. 11.07 15.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitratorarbitrator. 11.08 15.08 The Arbitrator arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 15.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the this Agreement, the Arbitrator arbitrator shall accept that as evidence at the grievance hearing. 11.10 15.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided in provincial labor legislation.not 11.11 15.11 The parties agree than that an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislationLabour Relations Code.

Appears in 1 contract

Sources: Collective Agreement

00 - GRIEVANCE PROCEDURE. 11.01 All differences 6:01 This Grievance and Arbitration Procedure shall not apply to Union concerns regarding the adequacy of Job Documents and/or the Rating, for jobs covered by the Job Evaluation Plan, which shall be processed in accordance with the Challenge Procedure contained in the Job Evaluation Manual. (1) Within the terms of this Agreement, a Grievance shall be defined as a difference arising between an Employee, the Union or both, and the Employer and the Union regarding as to the interpretation, application, operation and an administration or the alleged violation of the provisions of this Agreement shall be settled without stoppage of work or lock- out by negotiation or as hereafter providedAgreement. 11.02 Either (2) An Employee Grievance must be signed by the Union or the Employer shall submit his complaint to the aggrieved Employee and a general ▇▇▇▇▇▇▇▇▇ must be signed by the President and Secretary of the Union or their appointees and must also indicate the specific redress sought. (3) Working Days" in this Article shall be defined as Monday to Friday, exclusive of Saturday and Sunday and Specified Paid Holidays as defined in the Collective Bargaining Agreement. (4) Complaints and Grievances shall be dealt with in the following manner, and all Grievances must be in writing and may be submitted provided that no more than thirty (30) working days have elapsed since the occurrence of the alleged Grievance. (5) The Employer acknowledges the right of the Union to appoint or otherwise select a Union Grievance Committee from members of CUPE and its Local 4705, Inside Unit who shall be Employees of the Employer. The members of such a Committee shall be communicated to the Employer. (6) Any Grievances by the Employer or the Union as provided under Article 6:04(1), shall be filed within sixty (60) working days of the date of the occurrence. (7) It is agreed and understood by both Parties hereto that there shall be no extension to the time limits as outlined in the Grievance Procedure unless by mutual consent. (8) An Employee may be discharged, suspended or disciplined for just cause and if the Employee believes he/she has been unjustifiably discharged, suspended or disciplined, the Employee may have his/her Grievance processed under the Grievance Procedure starting at Stage Two, if presented in writing within seven (7) working days after the date of discharge, suspension or discipline. If a Grievance should be settled finally in the Grievor's favour, reinstatement and pay adjustments shall be made at the Employee's regular basic rate (less amounts earned during time lost) for the hours per week or any other arrangement which is just and equitable in the opinion of the conferring Parties or in his absence, the opinion of a Board of Arbitration if the matter is referred to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisorsuch a Board. 11.03 If the complaint is not settled within ten (9) Stage One (10) working days, excluding Saturdays, Sundays, and Holidays, the aggrieved party shall submit his complaint in writing to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the Union, who shall endeavor to settle the complaint with the Human Resources Representative 11.04 If the complaint is not settled within five (5) working days (excluding Saturdays, Sundays, and holidays), either party may take the grievance to an Arbitrator for final binding settlement. 11.05 If a grievance between an Employee or the Employer and the Union has not been settled as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative may process the grievance at this point on behalf of the Employee. 11.06 If the Union and Employer fail to select and arbitrator within five (5) days thereafter (excluding Saturdays, Sundays, and holidays), either party may request the Minister of Labor to select an Arbitrator. 11.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitrator. 11.08 The Arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the Agreement, the Arbitrator shall accept that as evidence at the grievance hearing. 11.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided in provincial labor legislation. 11.11 The parties agree than an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislation.Stage Two

Appears in 1 contract

Sources: Collective Bargaining Agreement

00 - GRIEVANCE PROCEDURE. 11.01 15.01 All differences between the Employer and the Union regarding the interpretation, application, operation and operation, or an alleged violation of this Agreement shall be settled without stoppage of work or lock- out lockout by negotiation or as hereafter hereinafter provided. 11.02 15.02 Either the Union or the Employer may institute a grievance under the terms of this Agreement within five working days of becoming aware of the incident complained of. If they fail to settle same within five (5) days after the grievance is instituted, either party may proceed to take the grievance to an arbitrator as provided in 15.05. 15.03 An aggrieved employee shall submit his complaint to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisor. 11.03 If the complaint is not settled within ten (10) working days, excluding Saturdays, Sundays, and Holidays, the aggrieved party shall submit his complaint in writing to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative official representative of the Union, who shall endeavor to settle the complaint with between the Human Resources Representativeemployee and his immediate supervisor within five days of the first occurence of the incident complained of. 11.04 15.04 If the complaint is not settled within five two (52) working days (excluding Saturdays, Sundays, and holidaysHolidays), either party it may take be referred to the grievance to Project Manager and an Arbitrator for final binding settlementOfficial representative of the Union. 11.05 15.05 If a grievance between an Employee or employee and the Employer and the Union has not been settled as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative representative may process the grievance at this point on behalf of the Employeeemployee. 11.06 15.06 If the Union and the Employer fail to select and an arbitrator within five three (53) days thereafter (excluding Saturdays, Sundays, Sundays and holidaysHolidays), either party may request the Minister of Labor Labour to select an Arbitratorarbitrator. 11.07 15.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitratorarbitrator. 11.08 15.08 The Arbitrator arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 15.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the this Agreement, the Arbitrator arbitrator shall accept that as evidence at the grievance hearing. 11.10 15.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided for in provincial labor legislationthe Labour Relations Code. 11.11 15.11 The parties agree than that an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislationLabour Relations Code.

Appears in 1 contract

Sources: Collective Agreement

00 - GRIEVANCE PROCEDURE. 11.01 All differences 6:01 This Grievance and Arbitration Procedure shall not apply to Union concerns regarding the adequacy of Job Documents and/or the Rating, for jobs covered by the Job Evaluation Plan, which shall be processed in accordance with the Challenge Procedure contained in the Job Evaluation Manual. (1) Within the terms of this Agreement, a Grievance shall be defined as a difference arising between an Employee, the Union or both, and the Employer and the Union regarding as to the interpretation, application, operation and an administration or the alleged violation of the provisions of this Agreement shall be settled without stoppage of work or lock- out by negotiation or as hereafter providedAgreement. 11.02 Either (2) An Employee Grievance must be signed by the aggrieved Employee and a general Grievance must be signed by the President and Secretary of the Union or their appointees and must also indicate the specific redress sought. (3) Working Days" in this Article shall be defined as Monday to Friday, exclusive of Saturday and Sunday and Specified Paid Holidays as defined in the Collective Bargaining Agreement. (4) Complaints and Grievances shall be dealt with in the following manner, and all Grievances must be in writing and may be submitted provided that no more than thirty (30) working days have elapsed since the occurrence of the alleged Grievance. (5) The Employer acknowledges the right of the Union to appoint or otherwise select a Union Grievance Committee from members of CUPE and its Local 4705, Inside Unit who shall be Employees of the Employer. The members of such a Committee shall be communicated to the Employer. (6) Any Grievances by the Employer or the Union as provided under Article 6:04(1), shall submit his complaint be filed within sixty (60) working days of the date of the occurrence. (7) It is agreed and understood by both Parties hereto that there shall be no extension to the ▇▇▇▇▇▇▇time limits as outlined in the Grievance Procedure unless by mutual consent. (8) An Employee may be discharged, suspended or disciplined for just cause and if the Employee believes he/she has been unjustifiably discharged, suspended or disciplined, the Employee may have his/her Grievance processed under the Grievance Procedure starting at Stage Two, if presented in writing within seven (7) working days after the date of discharge, suspension or discipline. If a Grievance should be settled finally in the Grievor's favour, reinstatement and pay adjustments shall be made at the Employee's regular basic rate (less amounts earned during time lost) for the hours per week or any other arrangement which is just and equitable in the opinion of the conferring Parties or in his absence, the opinion of a Board of Arbitration if the matter is referred to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisorsuch a Board. 11.03 If the complaint is not settled within ten (9) Stage One (10) working days, excluding Saturdays, Sundays, and Holidays, the aggrieved party shall submit his complaint in writing to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the Union, who shall endeavor to settle the complaint with the Human Resources Representative 11.04 If the complaint is not settled within five (5) working days (excluding Saturdays, Sundays, and holidays), either party may take the grievance to an Arbitrator for final binding settlement. 11.05 If a grievance between an Employee or the Employer and the Union has not been settled as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative may process the grievance at this point on behalf of the Employee. 11.06 If the Union and Employer fail to select and arbitrator within five (5) days thereafter (excluding Saturdays, Sundays, and holidays), either party may request the Minister of Labor to select an Arbitrator. 11.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitrator. 11.08 The Arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the Agreement, the Arbitrator shall accept that as evidence at the grievance hearing. 11.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided in provincial labor legislation. 11.11 The parties agree than an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislation.Stage Two

Appears in 1 contract

Sources: Collective Bargaining Agreement

00 - GRIEVANCE PROCEDURE. 11.01 All differences 16.01 Any dispute, grievance or misunderstanding between the Employer and Employer, the Association, an Employee, and/or the Union regarding concerning the interpretation, application, operation and or an alleged violation of this Agreement shall be settled without stoppage of work or lock- out by negotiation or walkout as hereafter provided.follows: 11.02 Either 16.02 Any Employee, Employees, and/or Union who has a grievance within the Union or terms of this Agreement shall put the Employer same in writing within 21 calendar days not including General Holidays and having been duly signed shall submit his complaint present the same to the Shop ▇▇▇▇▇▇▇ or, if there is no Shop ▇▇▇▇▇▇▇, or in his absencethen to the Employer, to an Official Representative who with the Business Agent will discuss the matter. Pre-Arbitration Process (a) If a grievance has not been resolved following the preceding steps of the unionGrievance Procedure, who the grievance shall endeavor be referred to settle a Joint Grievance Panel (JGP), unless one of the complaint between parties to the Employee and his immediate Supervisorgrievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. 11.03 If (b) In the complaint is not settled event a party serves notice of an intention to bypass the JGP the matter may be referred to arbitration within ten (10) working days, 10 days [excluding Saturdays, Sundays, and Statutory Holidays, ] of such notice being served. (c) Such JGP will consist of 2 appointees of the aggrieved party shall submit his complaint in writing to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative Employer and 2 appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, who shall endeavor and/or has had a direct personal involvement in earlier attempts to settle the complaint with grievance. No representative of/spokesman for the Human Resources RepresentativeUnion or for the subject Registered Employers’ Organization shall be appointed. 11.04 If (d) The JGP shall hold a hearing into the complaint is not settled matter within five (5) working 10 days ([excluding Saturdays, Sundays, and holidays)Statutory Holidays] of being appointed and shall issue their recommendation forthwith, either party may take the grievance to an Arbitrator for final binding settlement. 11.05 If a grievance between an Employee or the Employer and the Union has not been settled as provided for above, the grievance shall be set out but in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative may process the grievance at this point on behalf of the Employee. 11.06 If the Union and Employer fail to select and arbitrator any event within five (5) 3 days thereafter ([excluding Saturdays, Sundays, and holidays)Statutory Holidays] of the date the hearing was held. (e) Each of the parties shall advise the other, within 5 days of receipt of the recommendation [excluding Saturdays, Sundays, and Statutory Holidays], as to whether they accept or reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten days [excluding Saturdays, Sundays, and Statutory Holidays], or in any (g) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may then refer the matter to Arbitration as referenced below within 10 days [excluding Saturdays, Sundays, and Statutory Holidays] of receipt of the JGP recommendations. (h) No lawyers shall be permitted to participate in the JGP proceedings. If the above pre-arbitration process is not utilized, the grievance of either Employee, Employer, Registered Employers' Organization, or Union is not settled to the satisfaction of either party may within 7 days from the date upon which written grievance was presented to the other side, the party dissatisfied shall, by written notice, notify the other party of their desire to appoint a grievance board within 5 working days. The Union and the Employer shall each appoint l member to represent the respective parties, and the 2 members so appointed shall endeavor to select an independent chairman within 5 working days. 16.03 Failing to agree within 5 working days on the selection of an independent chairman, the 2 appointees shall request the Minister of Labor Labour to select an Arbitratora chairman. 11.07 16.04 The parties grievance board so established shall have the authority to interpret this Agreement and apply the provisions of this Agreement and it shall not alter or direct an alteration to this Agreement or make any deletions or additions hereto. 16.05 The grievance board may dispose of any discharge of discipline grievance in any manner which it considers just or equitable. 16.06 The majority decision of the grievance board shall be final and binding upon both parties. 16.07 The Employer and the Union agree that the cost of the Arbitrator or Arbitration Board shall be borne by the unsuccessful party party, provided always, that the cost shall be limited to the actual cost of the Arbitrator or Chairman of the Arbitration Board and the costs of each nominee to an Arbitration Board to a maximum of $300.00 per day for each nominee. 16.08 Notwithstanding Clause 16.07 above, the Arbitrator or Arbitration Board may exercise discretion in an appropriate case to rule that the cost of the Arbitration Board or Arbitrator is shared equally. 16.09 If it appears that any portion of the Agreement contravenes Federal or Provincial legislation or regulations, such provisions shall be inoperative but the balance of the Agreement shall continue in full force and effect. 16.10 Any of the above time limits respecting a grievance can be extended if mutually agreed by both parties in writing. Such consent will pay not be unduly withheld. 16.11 As an alternative procedure to that outlined, commencing with Clause 16.03 the expenses following procedure shall be used if mutually agreed in writing between the Employer and the Union. (a) The steps prescribed in Clause 16.01 and 16.02 shall apply. (b) If the matter of complaint is not then settled within 10 days [excluding Saturdays, Sundays and General Holidays], it shall be referred to a single Arbitrator who shall be selected and agreed upon by the Employer and the Union. (c) Should the Employer and the Union fail to agree on the appointment of a single Arbitrator within 14 days from the date of referral, the appointment shall be made by the Minister of Labour. (d) The single Arbitrator shall have the same authority as an Arbitration Board and shall make his/her decision within 14 days of his/her appointment. (e) The Employer and the Union agree that the cost of the Arbitrator shall be borne by the unsuccessful party, provided always, that the cost shall be limited to the actual cost of the Arbitrator. 11.08 The Arbitrator shall give his decision not later than fourteen (14f) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the AgreementNotwithstanding (e) above, the Arbitrator shall accept may exercise his/her discretion in an appropriate case to rule that as evidence at the grievance hearingcost of the Arbitrator is shared equally. 11.10 (g) The arbitrator may single Arbitrator shall not changealter, modify amend or alter any of change the terms of this Agreement. All differences submitted The decision of the Arbitrator shall present an arbitral issue under this Agreement be final and shall not depend binding on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided in provincial labor legislationboth parties. 11.11 The (h) By mutual consent of the parties agree than an award of such arbitrator the foregoing time limits may be enforced under the proper provisions of the applicable provincial legislationextended. Such consent will not be unduly withheld.

Appears in 1 contract

Sources: Collective Agreement

00 - GRIEVANCE PROCEDURE. 11.01 All differences 16:01 Any dispute between the Employer and the Union regarding Parties concerning the interpretation, application, operation and an or alleged violation of a provision(s) of this Agreement Collective Agreement, including any dispute with regard to discipline or discharge, shall be settled without stoppage of work or lock- out by negotiation or as hereafter providedconsidered a grievance and shall be handled in accordance with the following Grievance Procedure. 11.02 Either the Union or the Employer (a) An employee(s) having a grievance shall submit first discuss it with his complaint to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisor. 11.03 If the complaint is not settled within ten (10) working days, excluding Saturdays, Sundays, and Holidays, the aggrieved party shall submit his complaint in writing to the . The Shop ▇▇▇▇▇▇▇ shall be present if such is requested by the employee(s). (b) Failing settlement, or in his absence, to an Official Representative of the Union, who shall endeavor to settle the complaint with the Human Resources Representative 11.04 If the complaint is not settled within five (5) working days of a grievance under Clause (excluding Saturdays, Sundays, and holidaysa), either party may take the particulars shall be set forth in writing by the Shop ▇▇▇▇▇▇▇ and processed with an official of the Company. The written grievance shall briefly describe the nature of the incident or occurrence giving rise to an Arbitrator for final binding settlementthe grievance, it shall clearly state the provision(s) of the Agreement that has been violated and it shall provide a statement as to the remedy or relief being sought. 11.05 If a grievance between an Employee or the Employer and the Union has not been settled as provided for above(c) Failing settlement under Clause (b), within five (5) working days, the grievance shall be set out in writing stating the nature processed by an officer of the complaint, the section or sections Union with an official of the Agreement infringed upon or claimed to have been violated Company. 16:02 Any grievance arising out of this Agreement, which cannot be settled by the Company and the remedy or correction claimedUnion as outlined in 16:01 above, shall be submitted to Arbitration and determined in the following manner. (a) The Parties agree that a Single Arbitrator shall be used as provided for in the Labour Relations Code. The Company and the Union or its Representative may process shall make every effort to agree on the grievance at this point selection of an Arbitrator within ten (10) working days after the Party requesting Arbitration has delivered written notice to the other Party. (b) In the event that the Parties fail to agree on behalf the choice of an Arbitrator, they shall forthwith request the Director of the Employee. 11.06 If the Union and Employer fail Collective Agreement Arbitration Bureau to select and arbitrator within five (5) days thereafter (excluding Saturdays, Sundays, and holidays), either party may request the Minister of Labor to select appoint an Arbitrator. 11.07 (c) The parties agree that Arbitrator will be encouraged to render a decision within fifteen (15) working days from the unsuccessful party will pay the expenses date of the Arbitratorconclusion of the hearing. 11.08 (d) The authority of the Arbitrator shall be as set out in the Labour Relations Code of British Columbia. The Arbitrator shall give his decision not later than fourteen (14) days after his appointment except be vested with the consent of both parties, such limitation of time may be extended. 11.09 If both Chairmen of the Negotiating Committees signatory power to this Agreement agree to the intent of any Article in the Agreement, the Arbitrator shall accept that as evidence at the grievance hearing. 11.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral issue under this the Collective Agreement and shall not depend on or involve an issue or contention unless the Parties, by either party that is contrary to any provision of this Agreement or that involves mutual agreement, confer such powers upon the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided in provincial labor legislationArbitrator. 11.11 (e) The parties agree than an award of such arbitrator may be enforced under the proper provisions decision of the applicable provincial legislationArbitrator shall be final and binding on both Parties. (f) Each Party shall bear one-half (1/2) of the cost of the Arbitrator.

Appears in 1 contract

Sources: Collective Agreement

00 - GRIEVANCE PROCEDURE. 11.01 ‌ 15.01 All differences between the Employer and the Union regarding the interpretation, application, operation and operation, or an alleged violation of this Agreement shall be settled without stoppage of work or lock- out lockout by negotiation or as hereafter hereinafter provided. 11.02 15.02 Either the Union or the Employer may institute a grievance under the terms of this Agreement within five working days of becoming aware of the incident complained of. If they fail to settle same within five (5) days after the grievance is instituted, either party may proceed to take the grievance to an arbitrator as provided in 15.05. 15.03 An aggrieved employee shall submit his complaint to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisor. 11.03 If the complaint is not settled within ten (10) working days, excluding Saturdays, Sundays, and Holidays, the aggrieved party shall submit his complaint in writing to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative official representative of the Union, who shall endeavor to settle the complaint with between the Human Resources Representativeemployee and his immediate supervisor within five days of the first occurence of the incident complained of. 11.04 15.04 If the complaint is not settled within five two (52) working days (excluding Saturdays, Sundays, and holidaysHolidays), either party it may take be referred to the grievance to Project Manager and an Arbitrator for final binding settlementOfficial representative of the Union. 11.05 15.05 If a grievance between an Employee or employee and the Employer and the Union has not been settled as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative representative may process the grievance at this point on behalf of the Employeeemployee. 11.06 15.06 If the Union and the Employer fail to select and an arbitrator within five three (53) days thereafter (excluding Saturdays, Sundays, Sundays and holidaysHolidays), either party may request the Minister of Labor Labour to select an Arbitratorarbitrator. 11.07 15.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitratorarbitrator. 11.08 15.08 The Arbitrator arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 15.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the this Agreement, the Arbitrator arbitrator shall accept that as evidence at the grievance hearing. 11.10 15.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided for in provincial labor legislationthe Labour Relations Code. 11.11 15.11 The parties agree than that an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislationLabour Relations Code.

Appears in 1 contract

Sources: Collective Agreement

00 - GRIEVANCE PROCEDURE. 11.01 All differences between the Employer and the Union regarding the interpretation, application, operation operation, and an alleged violation of this Agreement shall be settled without stoppage of work or lock- lock-out by negotiation or as hereafter provided. Should the Employer or the Union fail to comply with any time limit in this Article, the grievance will be considered to be waived and abandoned, unless the parties have mutually agreed in writing to extend the time limits. 11.02 Either the Union or the Employer All grievances shall submit his complaint to the ▇▇▇▇▇▇▇be initiated, or in his absencewriting, to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisor. 11.03 If the complaint is not settled within ten (10) working days, excluding Saturdays, Sundays, and Holidays, days of the date the aggrieved party shall submit his complaint in writing Party(ies) first became aware of, or reasonably should have become aware, of the event leading to the ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the Union, who shall endeavor to settle the complaint with the Human Resources Representative 11.04 If the complaint is not settled within five (5) working days (excluding Saturdays, Sundays, and holidays), either party may take the grievance to an Arbitrator for final binding settlement. 11.05 If a grievance between an Employee or the Employer and the Union has not been settled as provided for above, the grievance shall be set out in writing stating grievance. All Grievance’s must state the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative may process the All Grievance timelines are excluding Saturdays, Sundays, and Holidays. Parties must submit their grievances in writing as follows; a) Any grievance at this point on behalf of an Employee, and all union grievances affecting more than one Employee shall be delivered to the Employeedesignated HR representative of the company. 11.06 b) Any Employer Grievance must be delivered to the Union’s Business Agent. 11.03 In the case of any delivered Grievance, the parties shall endeavor to settle the complaint by meeting with the Employee and/or Union representative and the Employer’s designated HR representative within 10 days of the delivered Grievance. 11.04 If the complaint is not settled within the time limits as stated in article 11.03, either party may take the grievance to an Arbitrator for final binding settlement. 11.05 If the Union and Employer fail to select and arbitrator within five (5) days thereafter (excluding Saturdays, Sundays, and holidays), either party may request the Minister of Labor to select an Arbitrator. 11.07 11.06 The parties agree that the unsuccessful party will pay the expenses of the Arbitrator. 11.08 11.07 The Arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 11.08 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article in the Agreement, the Arbitrator shall accept that as evidence at the grievance hearing. 11.10 11.09 The arbitrator may not change, modify modify, or alter any of the terms of this Agreement. All differences submitted shall present an arbitral issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided in provincial labor legislation. 11.11 11.10 The parties agree than that an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislation.

Appears in 1 contract

Sources: Prairie Rail Agreement

00 - GRIEVANCE PROCEDURE. 11.01 13.01 All differences between the Employer and the Union regarding the interpretation, application, operation and an alleged violation of this Agreement shall be settled without stoppage of work or lock- lock-out by negotiation or as hereafter provided. 11.02 13.02 Either the Union or the Employer may institute a grievance under the terms of this Agreement providing such grievance is submitted to the other Party within thirty (30) calendar days of the first occurrence of the incident complained of. If they fail to settle same within five (5) working days after the grievance is instituted either party may proceed to take the grievance to an arbitrator. The parties agree that an award of such arbitrator may be enforced under the proper provisions of The Labour Relations Code. The time limit in this clause is mandatory and failure to comply with it shall cause the grievance to fail unless such time limit has been waived in writing by the Parties to this Agreement. 13.03 An aggrieved employee shall submit his complaint to the ▇▇▇▇▇▇▇ or, or in his absence, to an Official Representative official representative of the union, Union who shall endeavor to settle the complaint between the Employee employee and his immediate Supervisorsupervisor. In order to be considered as a grievance the employee’s supervisor must be advised of the grievance within thirty (30) calendar days of the first occurrence of the incident complained of. The time limit in this clause is mandatory and failure to comply with it shall cause the grievance to fail unless such time limit has been waived in writing by the Parties to this Agreement. 11.03 13.04 If the complaint is not settled within ten two (102) working days, excluding Saturdays, SundaysSundays and holidays, and Holidays, the aggrieved party shall submit his complaint in writing it may be referred to the ▇▇▇▇▇▇▇, or in his absence, to project manager and an Official Representative official representative of the Union, who shall endeavor to settle the complaint with the Human Resources Representative 11.04 . If the complaint is not settled within five three (53) working days (thereafter, excluding Saturdays, Sundays, Sundays and holidays), either party may take the grievance to an Arbitrator arbitrator for final and binding settlement. Alternatively the following Pre- Arbitration Process may be utilized (i) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. 11.05 (ii) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served. (iii) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of/spokesman for the Union or for the subject Registered Employers’ Organization shall be appointed. (iv) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the date the hearing was held. (v) Each of the parties shall advise the other, within five days [of receipt of the recommendation] (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the recommendation. (vi) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (vii) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may then refer the matter to Arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of receipt of the JGP recommendations. (viii) No lawyers shall be permitted to participate in the JGP proceedings. 13.05 If a grievance between an Employee employee and the Employer or the Employer and the Union has not been settled settled, as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative representative may process the grievance at this point on behalf of the Employeeemployee. 11.06 13.06 If the Union and the Employer fail to select and an arbitrator within five with three (53) days thereafter (thereafter, excluding Saturdays, Sundays, Sundays and holidays), either party may request the Minister of Labor Labour to select an Arbitratorarbitrator. 11.07 13.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitratorarbitrator. 11.08 13.08 The Arbitrator arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, parties such limitation of time may be extended. 11.09 13.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article clause in this Agreement the Agreement, the Arbitrator arbitrator shall accept that as evidence at the grievance hearing. 11.10 13.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided for in provincial labor legislationThe Labour Relations Code. 11.11 The parties agree than an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislation.

Appears in 1 contract

Sources: Collective Agreement

00 - GRIEVANCE PROCEDURE. 11.01 All differences ‌ 6:01 This Grievance and Arbitration Procedure shall not apply to Union concerns regarding the adequacy of Job Documents and/or the Rating, for jobs covered by the Job Evaluation Plan, which shall be processed in accordance with the Challenge Procedure contained in the Job Evaluation Manual. (1) Within the terms of this Agreement, a Grievance shall be defined as a difference arising between an Employee, the Union or both, and the Employer and the Union regarding as to the interpretation, application, operation and an administration or the alleged violation of the provisions of this Agreement shall be settled without stoppage of work or lock- out by negotiation or as hereafter providedAgreement. 11.02 Either (2) An Employee Grievance must be signed by the Union or the Employer shall submit his complaint to the aggrieved Employee and a general ▇▇▇▇▇▇▇▇▇ must be signed by the President and Secretary of the Union or their appointees and must also indicate the specific redress sought. (3) Working Days" in this Article shall be defined as Monday to Friday, exclusive of Saturday and Sunday and Specified Paid Holidays as defined in the Collective Bargaining Agreement. (4) Complaints and Grievances shall be dealt with in the following manner, and all Grievances must be in writing and may be submitted provided that no more than thirty (30) working days have elapsed since the occurrence of the alleged Grievance. (5) The Employer acknowledges the right of the Union to appoint or otherwise select a Union Grievance Committee from members of CUPE and its Local 4705, Inside Unit who shall be Employees of the Employer. The members of such a Committee shall be communicated to the Employer. (6) Any Grievances by the Employer or the Union as provided under Article 6:04(1), shall be filed within sixty (60) working days of the date of the occurrence. (7) It is agreed and understood by both Parties hereto that there shall be no extension to the time limits as outlined in the Grievance Procedure unless by mutual consent. (8) An Employee may be discharged, suspended or disciplined for just cause and if the Employee believes he/she has been unjustifiably discharged, suspended or disciplined, the Employee may have his/her Grievance processed under the Grievance Procedure starting at Stage Two, if presented in writing within seven (7) working days after the date of discharge, suspension or discipline. If a Grievance should be settled finally in the Grievor's favour, reinstatement and pay adjustments shall be made at the Employee's regular basic rate (less amounts earned during time lost) for the hours per week or any other arrangement which is just and equitable in the opinion of the conferring Parties or in his absencethe opinion of a Board of Arbitration if the matter is referred to such a Board. (9) Stage One‌ It is understood that an Employee has no Grievance until he/she has first given his/her Supervisor an opportunity to adjust his/her Complaint. In discussing his/her Complaint, to an Official Representative of the union, who shall endeavor to settle the complaint between the Employee and his immediate Supervisor. 11.03 If the complaint is not settled within ten (10) working days, excluding Saturdays, Sundays, and Holidays, the aggrieved party shall submit his complaint in writing to the may be accompanied by a ▇▇▇▇▇▇▇, or in his absence, to an Official Representative of the Union, who shall endeavor to settle the complaint with the Human Resources Representative 11.04 If the complaint . Any Employee’s Complaint which is not settled by his/her Supervisor within five three (53) working days of the lodging of the Complaint, shall then commence at Stage Two of the Grievance Procedure provided that no more than thirty (excluding Saturdays, Sundays, and holidays), either party may take 30) working days have elapsed since the grievance occurrence of the alleged Grievance. It is to an Arbitrator for final binding settlementbe understood that any decision reached at Stage One of the Grievance Procedure is without precedent or prejudice. 11.05 If a grievance between an Employee (10) Stage Two‌ One Union Grievance Committee Member accompanied by the aggrieved Employee, shall submit the written Grievance to his/her respective Manager or the Employer Director or their designates and the Union has not been settled as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative may process the grievance at this point on behalf of the Employee. 11.06 If the Union and Employer fail to select and arbitrator within five send one (51) days thereafter (excluding Saturdays, Sundays, and holidays), either party may request the Minister of Labor to select an Arbitrator. 11.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitrator. 11.08 The Arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, such limitation of time may be extended. 11.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree copy to the intent Director of any Article in the Agreement, the Arbitrator Human Resources and Organizational Development. A meeting shall accept that as evidence at the grievance hearing. 11.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided in provincial labor legislation. 11.11 The parties agree than an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislation.take place with these participants within seven

Appears in 1 contract

Sources: Collective Bargaining Agreement

00 - GRIEVANCE PROCEDURE. 11.01 13.01 All differences between the Employer and the Union regarding the interpretation, application, operation and an alleged violation of this Agreement shall be settled without stoppage of work or lock- lock-out by negotiation or as hereafter provided. 11.02 13.02 Either the Union or the Employer may institute a grievance under the terms of this Agreement providing such gr ievance is submitted to the other Party within thirty (30) calendar days of the first occurrence of the incident complained of. If they fail to settle same within five (5) working days after the grievance is instituted either party may proceed to take the grievance to an arbitrator. The parties agree that an award of such arbitrator may be enforced under the proper provisions of The Labour Relations Code. The time limit in this clause is mandatory and failure to comply with it shall cause the 13.03 An aggrieved employee shall submit his complaint to the ▇▇▇▇▇▇▇ or, or in his absence, to an Official Representative official representative of the union, Union who shall endeavor to settle the complaint between the Employee employee and his immediate Supervisorsupervisor. In order to be considered as a grievance the employee’s supervisor must be advised of the grievance within thirty (30) calendar days of the first occurrence of the incident complained of. The time limit in this clause is mandatory and failure to comply with it shall cause the grievance to fail unless such time limit has been waived in writing by the Parties to this Agreement. 11.03 13.04 If the complaint is not settled within ten two (102) working days, excluding Saturdays, SundaysSundays and holidays, and Holidays, the aggrieved party shall submit his complaint in writing it may be referred to the ▇▇▇▇▇▇▇, or in his absence, to project manager and an Official Representative official representative of the Union, who shall endeavor to settle the complaint with the Human Resources Representative 11.04 If the complaint is not settled within five (5) working days (excluding Saturdays, Sundays, and holidays), either party may take the grievance to an Arbitrator for final binding settlement. 11.05 13.05 If a grievance between an Employee employee and the Employer or the Employer and the Union has not been settled settled, as provided for above, the grievance shall be set out in writing stating the nature of the complaint, the section or sections of the Agreement infringed upon or claimed to have been violated and the remedy or correction claimed. The Union or its Representative representative may process the grievance at this point on behalf of the Employeeemployee. 11.06 13.06 If the Union and the Employer fail to select and an arbitrator within five with three (53) days thereafter (thereafter, excluding Saturdays, Sundays, Sundays and holidays), either party may request the Minister of Labor Labour to select an Arbitratorarbitrator. 11.07 13.07 The parties agree that the unsuccessful party will pay the expenses of the Arbitratorarbitrator. 11.08 13.08 The Arbitrator arbitrator shall give his decision not later than fourteen (14) days after his appointment except with the consent of both parties, parties such limitation of time may be extended. 11.09 13.09 If both Chairmen of the Negotiating Committees signatory to this Agreement agree to the intent of any Article clause in this Agreement the Agreement, the Arbitrator arbitrator shall accept that as evidence at the grievance hearing. 11.10 13.10 The arbitrator may not change, modify or alter any of the terms of this Agreement. All differences submitted shall present an arbitral arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement, except as provided for in provincial labor legislationThe Labour Relations Code. 11.11 The parties agree than an award of such arbitrator may be enforced under the proper provisions of the applicable provincial legislation.

Appears in 1 contract

Sources: Collective Agreement