Common use of ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE Clause in Contracts

ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. A grievance within the meaning of this Agreement shall be any difference of opinion, controversy or dispute arising between the parties hereto relating to any matter of salaries, hours, and working conditions, or any dispute between the parties involving interpretation or application of any provision of this Agreement. The following steps shall be followed in the handling of grievances: The employee, accompanied by his ▇▇▇▇▇▇▇, shall present to Management in the Human Resources Department his grievance within thirty (30) days of the occurrence of the event giving rise to the grievance. If the grievance is not settled within three (3) working days thereafter, the employee and ▇▇▇▇▇▇▇ shall submit it in writing for the consideration of management in the Human Resources Department. If the grievance is not settled within seven (7) working days thereafter, it shall then be referred, as originally submitted writing for consideration by General Management. If the grievance is not satisfactorily settled within seven (7) working days thereafter, it shall be submitted to an arbitration board which shall be selected as follows: The Employer will select a representative within five (5) working days of the termination of the grievance procedure. The Union will select a representative within the same time limit. The two representatives thus selected shall select an impartial arbitrator within five (5) working days. If an impartial arbitrator is not agreed upon as stated above, he shall be selected from a list of five (5) arbitrators supplied by the Ontario Labour Relations Board. Upon failure of either representative to join in such request the other party shall be empowered to make the request. Each of the parties shall have the privilege of crossing off two (2) on the list. In the absence of agreement, the Ontario Labour Relations Board shall appoint an arbitrator from the remaining names on the list, The of the arbitrator shall be final and binding upon the parties hereto and the arbitrator’s fees shall be borne equally by the Union and the Employer. In the event the Employer should feel aggrieved by any action of the employees of the Union, or shall claim violation, abuse or disregard of any provision of this Agreement, he shall report this claim to the President of the Union and the procedure herein provided for the adjustment of other disputes shall thereafter also be followed.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE AND ARBITRATION PROCEDURE. A grievance within the meaning of this Agreement shall be any defined as a difference of opinion, controversy or dispute arising between the parties hereto relating to the interpretation, application, administration or alleged violation of this agreement. At any matter stage of salariesthe grievance procedure, hoursincluding the complaint a nurse is entitled to be represented by her nurse representative, and working conditions, or any dispute between It is the mutual desire of the parties involving interpretation or application of any provision of this Agreementthat complaints and differences be dealt with in a quick fashion. The following steps shall be followed in the handling of grievances: The employee, accompanied by his ▇▇▇▇▇▇▇, shall present to Management in the Human Resources Department his grievance within thirty (30) days of the occurrence of the event giving rise to the grievance. If the grievance is not settled within three (3) working days thereafter, the employee and ▇▇▇▇▇▇▇ shall submit it in writing for the consideration of management in the Human Resources Department. If the grievance is not settled A nurse will discuss her complaint with her supervisor within seven (7) working calendar days thereafter, it after the circumstances have occurred or ought reasonably to have come to the attention of the nurse. The supervisor shall then be referred, as originally submitted writing for consideration by General Management. If the grievance is not satisfactorily settled within seven (7) working days thereafter, it shall be submitted to an arbitration board which shall be selected as follows: The Employer will select a representative reply within five (5) working days of calendar days. If the termination of the grievance procedurematter is not resolved, it shall be taken up as a grievance. The Union will select a representative within written grievance shall be submitted to the same time limit. The two representatives thus selected shall select an impartial arbitrator Executive Director or designate, within five (5) working calendar days of the supervisor's reply. A meeting may be held to pursue a settlement of the grievance. A reply shall be given within ten calendar days of receipt of the grievance. The parties may have representatives from outside. Should the matter not be resolved, it shall be referred to arbitration within ten (1O) calendar days of reply. The parties will first consider and thus may agree upon a sole arbitrator to hear the matter. If there is no agreement, then the parties shall notify one another in writing within a further ten calendar days, of the name of their respective nominee. Such nominees shall select a chair within a further ten calendar days. If an impartial Should the parties or the nominees where applicable not be able to agree on the chair, then the Minister of Labour for the Province of Ontario shall appoint the chair. The arbitrator is shall not agreed upon as stated abovebe authorized to make a decision inconsistent with the provisions of this agreement, he nor to alter, add to, or amend any part of this agreement. The proceedings will be expedited by the parties. There shall be selected from a list of meeting at least forty-five (545) arbitrators supplied calendar days prior to the scheduled hearing day to once again attempt to resolve the matter. If the matter is still not resolved, then the parties may agree to a Statement of Facts prior to the hearing. All agreements reached under the grievance procedure by the Ontario Labour Relations Board. Upon failure of either representative to join in such request the other party parties shall be empowered to make final and binding on the requestparties for that grievance. Each of the parties shall have will share equally the privilege of crossing off two (2) on the list. In the absence of agreement, the Ontario Labour Relations Board shall appoint an arbitrator from the remaining names on the list, The fees and expenses of the arbitrator shall be final and binding upon the parties hereto and the arbitrator’s fees shall be borne equally by the Union and the Employer. In the event the Employer should feel aggrieved by any action of the employees of the Union, or shall claim violation, abuse or disregard of any provision of this Agreement, he shall report this claim to the President of the Union and the procedure herein provided for the adjustment of other disputes shall thereafter also be followed.

Appears in 1 contract

Sources: Collective Agreement