00 - GRIEVANCE PROCEDURE. 11.01 It is the mutual desire of the parties hereto, that complaints of employees shall be adjusted as quickly as possible. The Foreperson or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. 11.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement. 11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint. 11.04 After receipt of the grievance, the Employer shall give their reply in writing to the Business Manager/Secretary-Treasurer within ten (10) working days. If the matter is still not resolved then the Business Manager/Secretary-Treasurer or their Assistant shall advise the Employer within ten (10) working days. 11.05 Within ten (10) working days of receipt of notification from the Business Manager/ Secretary-Treasurer in 11.04, the grievance shall be discussed at a meeting between the Business Manager/Secretary-Treasurer or their Assistant and a Representative of the Employer. After this meeting, the Employer shall give their answer to the Business Manager/Secretary-Treasurer in writing within ten (10) working days. 11.06 If the Employer's answer in 11.05 is unacceptable, the grievance shall then be discussed within a further five (5) working days at a meeting of the International Vice- President or their designated Representative and a Representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 11.07. 11.07 Before proceeding to Arbitration, the parties shall advise an authorized representative of the Boilermaker Contractors' Association of the details. At the request of either party, the grievance may be discussed between an International Officer of the Union and an authorized representative of the Boilermaker Contractors' Association in order to obtain an interpretation of the Collective Agreement in connection with the grievance. If the matter is still not resolved within five (5) working days of the referral to the Boilermaker Contractors' Association, then at the request of either party, the grievance may be referred to Arbitration. 11.08 It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing. In this Article, Saturday, Sunday and Recognized Holidays shall not be counted as working days. 11.09 In cases where an employee is discharged, the grievance shall be initiated at the level outlined in 11.04 and if the matter is not resolved within the steps and time limits outlined in 11.04 and 11.05, then the request for Arbitration may be initiated at this point by either party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
00 - GRIEVANCE PROCEDURE. 11.01 It is the mutual desire of the parties Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The Foreperson or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance.
11.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement.
11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint.
11.04 After receipt of the grievance, the Employer shall give their reply in writing to the Business Manager/Secretary-Treasurer within ten (10) working days. If the matter is still not resolved then the Business Manager/Secretary-Treasurer or their Assistant shall advise the Employer within ten (10) working days.
11.05 Within ten (10) working days of receipt of notification from the Business Manager/ Manager/Secretary-Treasurer in 11.04, the grievance shall be discussed at a meeting between the Business Manager/Secretary-Treasurer or their Assistant and a Representative of the Employer. After this meeting, the Employer shall give their answer to the Business Manager/Secretary-Treasurer in writing within ten (10) working days.
11.06 If the Employer's answer in 11.05 is unacceptable, the grievance shall then be discussed within a further five (5) working days at a meeting of the International Vice- President or their designated Representative and a Representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 11.07.
11.07 Before proceeding to Arbitration, the parties Parties shall advise an authorized representative Representative of the Boilermaker Contractors' Association of the details. At the request of either party, the grievance may be discussed between an International Officer of the Union and an authorized representative Representative of the Boilermaker Contractors' Association in order to obtain an interpretation of the Collective Agreement in connection with the grievance. If the matter is still not resolved within five (5) working days of the referral to the Boilermaker Contractors' Association, then at the request of either party, the grievance may be referred to Arbitration. Prior to advancing to arbitration, the parties shall participate in a resolution conference facilitated by a third party in an attempt to settle the differences. The third party will be mutually agreed upon and any cost for the third party shall be shared equally between the parties. The intent of the foregoing is for the parties to attempt to resolve a dispute prior to advancing to arbitration. For greater certainty, this step does not negate either parties ability to advance a dispute to arbitration in the event the dispute remains unresolved.
11.08 It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing. In this Article, Saturday, Sunday and Recognized Holidays shall not be counted as working days.
11.09 In cases where an employee is discharged, the grievance shall be initiated at the level outlined in 11.04 and if the matter is not resolved within the steps and time limits outlined in 11.04 and 11.05, then the request for Arbitration may be initiated at this point by either party.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
00 - GRIEVANCE PROCEDURE. 11.01 It is 7.01 Any person acting in the mutual desire capacity of a Business Representative of the parties hereto, Union and a designated official of the Company shall meet as necessary to review all outstanding grievances with a view to expediting the dispositions. Grievances arising during a Night Shift and not dealt with during that complaints of employees shift shall normally be dealt with during a Day Shift. The Grievor(s) and the ▇▇▇▇▇▇▇(s) in the Department(s) involved who participate shall be adjusted as quickly as possiblepaid for time so spent at hourly rate. The Foreperson or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed If an employee has a grievance.
11.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement.
11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter it shall be reduced to writing on forms supplied by the Union and taken up in the following manner: By a conference between the aggrieved employee, the ▇▇▇▇▇▇▇ and the Department Manager. The employee's Department Manager shall give his decision in writing within five (5) working days. Failing settlement, then: Within five (5) working days, or a period as may otherwise be mutually agreed, following the decision in Step 1, an official or officials of the Union, the aggrieved employee and the ▇▇▇▇▇▇▇ shall meet with representatives of the Company at which time the grievance shall be discussed. The decision of the Company shall be given in writing within five (5) working days following this meeting.
7.02 Failing settlement under Step 2 of any grievance between the parties arising from the interpretation, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be taken to Arbitration as hereinafter provided. If no written request for Arbitration is received within ten (10) working days after the decision in Step 2 is given, the grievance shall be deemed to have been abandoned without prejudice.
7.03 No grievance may be submitted or considered under the grievance procedure unless it has been presented within thirty (30) working days from the time of the occurrence of the incident giving rise to the complaintgrievance.
11.04 After receipt 7.04 Any grievance concerning or affecting a group of the grievance, the Employer employees shall give their reply be presented in writing to the Business Manager/Secretary-Treasurer within ten thirty (10) working days. If the matter is still not resolved then the Business Manager/Secretary-Treasurer or their Assistant shall advise the Employer within ten (10) working days.
11.05 Within ten (1030) working days of receipt of notification from the Business Manager/ Secretary-Treasurer in 11.04, the grievance shall be discussed at a meeting between the Business Manager/Secretary-Treasurer or their Assistant and a Representative date of the Employerits occurrence. After this meeting, the Employer shall give their answer to the Business Manager/Secretary-Treasurer in writing within ten (10) working days.
11.06 If the Employer's answer in 11.05 is unacceptable, the grievance shall then be discussed within a further five (5) working days at a meeting of the International Vice- President or their designated Representative and a Representative of the Employer. If the matter is not resolved within these Within five (5) working days, officials of the matter Company and the Union will meet to discuss the grievance.
7.05 Any grievance arising directly between the Company and the Union shall be referred to presented in writing within thirty (30) working days from the next step as outlined in 11.07.
11.07 Before proceeding to Arbitration, the parties shall advise an authorized representative date of the Boilermaker Contractors' Association of the detailsits occurrence. At the request of either party, the grievance may be discussed between an International Officer of the Union and an authorized representative of the Boilermaker Contractors' Association in order to obtain an interpretation of the Collective Agreement in connection with the grievance. If the matter is still not resolved within Within five (5) working days days, or sooner if either party requests, following the presentation of said grievance, officials of the referral Company and the Union will meet to discuss the Boilermaker Contractors' Association, then grievance.
7.06 All decisions arrived at between the request representatives of either partythe Union and the Company shall be in writing and shall be final and binding upon the Company, the grievance may be referred to ArbitrationUnion and the employee or employees concerned.
11.08 It is understood and agreed that any of 7.07 New employees will be considered as probationary employees for the time limits herein may be extended by mutual agreement in writing. In this Article, Saturday, Sunday and Recognized Holidays shall not be counted as working days.
11.09 In cases where an employee is discharged, the grievance shall be initiated at the level outlined in 11.04 and if the matter is not resolved within the steps and time limits outlined in 11.04 and 11.05, then the request for Arbitration may be initiated at this point by either party.first thirty
Appears in 1 contract
Sources: Collective Agreement
00 - GRIEVANCE PROCEDURE. 11.01 It is the mutual desire of the parties hereto, that complaints of employees Employees shall be adjusted as quickly as possible. The Foreperson foreperson or Supervisor supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance.
11.02 Grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Collective Agreement.
11.03 If a complaint is not settled in accordance with 11.01 above within three (3) working days, the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint.
11.04 After receipt of the grievance, the Employer shall give their reply in writing to the Business Manager/Secretary-Treasurer within ten (10) working days. If the matter is still not resolved then the Business Manager/Secretary-Treasurer or their Assistant shall advise the Employer within ten (10) working days.
11.05 Within ten (10) working days of receipt of notification from the Business Manager/ Secretary-Treasurer in 11.04, the grievance shall be discussed at a meeting between the Business Manager/Secretary-Treasurer or their Assistant designated representative and a Representative representative of the Employer. After this meeting, the Employer shall give their answer to the Business Manager/Secretary-Treasurer in writing within ten (10) working days.
11.06 If the Employer's answer in 11.05 is unacceptable, the grievance shall then be discussed within a further five (5) working days at a meeting of the International Vice- President or their designated Representative representative and a Representative representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 11.07.
11.07 Before proceeding a) If a difference arises between the parties to Arbitrationor persons bound by this Collective Agreement as to the interpretation, application, operation or contravention or alleged contravention of this Agreement or as to whether such a difference can be the subject of arbitration, the parties agree to communicate and/or meet and endeavour to resolve the difference.
(i) Prior to advancing to arbitration, the parties shall advise participate in a resolution conference facilitated by a third party in an authorized representative attempt to settle the differences. The third party will be mutually agreed upon.
b) If the parties are unable to resolve a difference referred to in clause (a), either party may notify the other in writing of its desire to submit the difference to arbitration.
c) The notice referred to in clause (b) shall
(i) contain a statement of the Boilermaker Contractors' Association difference, and
(ii) specify the name or a list of names of the details. At person or persons it is willing to accept as the request single arbitrator.
d) On receipt of either partya notice referred to in clause (b), the grievance may be discussed between an International Officer party receiving the notice
(i) if it accepts the person or one of the Union persons suggested to act as arbitrator, shall, within seven (7) days, notify the other party accordingly, and an authorized representative the difference shall be submitted to the arbitrator, or
(ii) if it does not accept any of the Boilermaker Contractors' Association persons suggested by the party sending the notice, shall, within seven (7) days, notify the other party accordingly and send the name or a list of names of the person or persons it is willing to accept as the single arbitrator.
e) If the parties are unable to agree on a person to act as the single arbitrator, either party may request under the Labour Relations Code to the Director in order writing to appoint a single arbitrator.
f) The arbitrator may, during the arbitration, proceed in the absence of any party or person who, after notice, fails to attend or fails to obtain an interpretation adjournment.
g) The arbitrator shall inquire into the difference and issue an award in writing, and the award is final and binding on the parties and on every Employee affected by it.
h) The parties agree to share equally the expenses of the arbitrator.
i) Except as permitted in clause (j), the arbitrator shall not alter, amend or change the terms or conditions of the Collective Agreement in connection with the grievance. Agreement.
j) If the arbitrator by the arbitrator’s award determines that an Employee has been discharged or otherwise disciplined by an Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject- matter is still not resolved within five (5) working days of the referral arbitration, the arbitrator may substitute any penalty for the discharge or discipline that to the Boilermaker Contractors' Association, then at arbitrator seems just and reasonable in all the request circumstances.
k) Where the arbitrator determines that an Employee has been discharged or disciplined by an Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject of either partythe arbitration, the grievance arbitrator may be referred to Arbitrationsubstitute for the discharge or discipline some other penalty that in the arbitrator’s opinion is just and reasonable in the circumstances.
11.08 It is understood l) The arbitrator may interpret, apply and agreed give relief in accordance with an enactment relating to employment matters notwithstanding any conflict between the enactment and the Collective Agreement.
(i) If the parties to a Collective Agreement that provides for the appointment of a single arbitrator are unable to agree on a person to act as a single arbitrator within fourteen (14) days after the notice requiring that the matter go to arbitration, or any longer period that the Collective Agreement may contain for the selection of the time limits herein may be extended by mutual agreement a single arbitrator, either party may, in writing. In this Article, Saturday, Sunday and Recognized Holidays shall not be counted as working daysrequest the Director to appoint a single arbitrator.
11.09 In cases where an employee is discharged, the grievance shall be initiated at the level outlined in 11.04 and if the matter is not resolved within the steps and time limits outlined in 11.04 and 11.05, then the request for Arbitration may be initiated at this point by either party.
Appears in 1 contract
Sources: Collective Agreement
00 - GRIEVANCE PROCEDURE. 11.01 It is 9.01 For the mutual desire purposes of the parties heretogrievance procedure, that complaints of employees “working days” shall be adjusted Monday to Friday, but exclusive of designated holidays. The Employer’s response at all steps of the grievance procedure shall be provided in writing to the Lead ▇▇▇▇▇▇▇ or designate.
9.02 The parties agree that it is desirable that any complaints or grievances be resolved as quickly as possible. The Foreperson or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance.
11.02 Grievance shall mean Therefore, should any difference or dispute concerning as to the interpretation, application, administration meaning or alleged violation of the Collective Agreementprovisions of this Agreement arise between the Employer and any employee, an ▇▇▇▇▇▇▇ effort shall be made to settle such difference.
11.03 If 9.03 The parties agree that a complaint is grievance does not settled in accordance with 11.01 above within three (3) working daysexist until the employee, accompanied by a ▇▇▇▇▇▇▇, verbally raises the matter shall be reduced to writing within ten (10) working days from the incident giving rise to the complaint.
11.04 After receipt of the grievance, the Employer shall give their reply in writing to the Business Manager/Secretary-Treasurer within ten (10) working days. If the matter is still not resolved then the Business Manager/Secretary-Treasurer or their Assistant shall advise the Employer within ten (10) working days.
11.05 Within ten (10) working days of receipt of notification from the Business Manager/ Secretary-Treasurer in 11.04, the grievance shall be discussed at a meeting between the Business Manager/Secretary-Treasurer or their Assistant and a Representative of the Employer. After this meeting, the Employer shall give their answer to the Business Manager/Secretary-Treasurer in writing within ten (10) working days.
11.06 If the Employer's answer in 11.05 is unacceptable, the grievance shall then be discussed within a further five (5) working days at a meeting of the International Vice- President or their designated Representative and a Representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 11.07.
11.07 Before proceeding to Arbitration, the parties shall advise an authorized representative of the Boilermaker Contractors' Association of the details. At the request of either party, the grievance may be discussed between an International Officer of the Union and an authorized representative of the Boilermaker Contractors' Association in order to obtain an interpretation of the Collective Agreement in connection issue with the grievanceemployee’s non-union supervisor. If the matter is still not resolved This must be done within five (5) working days of the referral date the alleged grievance arose. The supervisor must provide a response within five (5) working days. Failing satisfactory resolution, the employee or the Union may take the matter up as a grievance as outlined below.
Step 1 Within five (5) working days after receipt of the immediate non-union supervisor’s reply, the Grievor accompanied by their ▇▇▇▇▇▇▇ may submit the grievance in writing on the forms agreed upon by the parties, to the Boilermaker Contractors' Association, then at Department Head or Director in an attempt to resolve the dispute. A meeting with the Department Head or Director shall take place within five (5) working days from the date of receipt of the request for such meeting. The Department Head or Director shall respond to the Lead ▇▇▇▇▇▇▇ within five (5) working days from the date of either partythe meeting. Failing satisfactory settlement within five (5) working days, the employee or the Union may proceed to the next step. Within five (5) working days after receipt of the Department Head’s reply, the written grievance may be referred on to the Manager of Human Resources. The Grievor accompanied by their ▇▇▇▇▇▇▇ shall meet with the Manager of Human Resources within five (5) working days from the date of receipt of the request for such meeting, in an attempt to resolve the dispute. The Manager of Human Resources shall respond to the Lead ▇▇▇▇▇▇▇ within five (5) working days from the date of the meeting. Failing a satisfactory settlement, the grievance may be referred on to Arbitration.
11.08 It is understood and agreed that any the next step within five (5) working days of the time limits herein may be extended by mutual agreement in writing. In this Article, Saturday, Sunday and Recognized Holidays shall not be counted as working daysreply of the Manager of Human Resources.
11.09 In cases where an employee is discharged, the grievance shall be initiated at the level outlined in 11.04 and if the matter is not resolved within the steps and time limits outlined in 11.04 and 11.05, then the request for Arbitration may be initiated at this point by either party.
Appears in 1 contract
Sources: Collective Agreement