Common use of ARTICLE GRIEVANCE PROCEDURE Clause in Contracts

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it An employee who is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Uniondischarged, no grievance shall be presented, the alleged circumstances of which originated or occurredsuspended, or laid off from his employment has the right and, should have come he wish to grieve, must file a grievance immediately to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Union within five (5) working days of the incident giving rise its occurrence subject to the complaintprocedure outlined herein. The immediate Supervisor shall answer the Prior to initiating a grievance, an employee who believes he has cause for grievance within five (5) working daysmust discuss this matter with his Supervisor. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee still have a grievance while working on the job, he must present his grievance in writing to the Supervisor with a copy of the Union Delegate within two (2) days of its alleged occurrence. Upon request of the grieving employee, the Union Delegate shall assist in the grievance procedure. He shall not be dissatisfied subject to discipline for assisting the griever in the grievance procedure, provided such assistance does not interfere with the disposition of operations on the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after dock. The Supervisor shall acknowledge receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing and shall provide the employee with a written response within five two (52) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply grievance. If settlement is not achieved upon receipt by the griever of the Plant ManagerSupervisor’s reply, the griever shall immediately submit the grievance directly to the Union. Within fourteen (14) days of the reply, the Union shall submit the written grievance to the Company. Within fourteen (14) days of the date the grievance is received by the Company, the Managing Director shall respond in writing to the grievance. The Union's National Representative will be Union shall also have the right to submit a grievance in attendance at this meetingwriting to the Company on behalf of all the employees in the bargaining unit or a group or category thereof within fourteen (14) days of the occurrence-giving rise to the grievance. In both these instances above, the Company shall reply to the grievance as per clause above. If the grievance is not settled within five (5) working days it may at the meeting referred to in clause of this article, the grievance must be referred to arbitration as hereinafter providedwithin ten (1 0) days thereafter. The Union Any grievance involving the interpretation or the Company may initiate a grievance beginning at Step alleged violation of the Grievance Procedure. Such grievance shall be filed within five (5) working days any provisions of the incident giving rise this Agreement which has not been settled to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case satisfaction of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the UnionUnion by conference or negotiation, may be submitted to arbitration. An employee The Union and the Company from a predetermined panel will jointly select the arbitrator. The selection shall be made within ten (10) days after either party of this Agreement has made the request for arbitration. In the event that the parties fail within the said ten (10) day period to agree upon the selection of an arbitrator, the matter may be referred, by either party, to the Minister of Labour for Canada, who has been discharged shall select and designate the arbitrator. (The panel referred to shall be those arbitrators who are currently recognized as such at ratification of this collective agreement.) A statement of the dispute or suspended may file a written grievance at Step within five question to be arbitrated shall be submitted by both parties to the arbitrator with fifteen (515) working days of his appointment. The Arbitrator shall convene a meeting with the discharge parties within twenty (20) days following his appointment unless otherwise agreed by the parties, and shall render his decision as soon thereafter as possible. The decision of the Arbitrator shall be limited to the dispute or suspensionquestion contained in the statement or statements submitted to it by the parties. In taking disciplinary action within twenty-four (24) months from The decision of the date Arbitrator shall not change, add to, vary or disregard any conditions of a suspension or dismissal (reinstatement) for a similar infractionthis Agreement. The decisions of the Arbitrator which are made under the authority of this Arbitration Article shall be final and binding upon the Company, and the Company may consider Union and all persons concerned. The expenses, fees and costs of the employee's entire record preceding suspension or dismissal (reinstatement), as Arbitrator shall be borne equally by the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beparties to this Agreement.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the UnionAn employee who has a complaint shall discuss same with his immediate supervisor, no grievance shall be presented, the alleged circumstances of which originated either directly or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cancomplaint is not be settled as a result of this discussionsettled, then it may be dealt with treated as follows: STEP a grievance and thereafter processed through the following steps in sequence. Any and all of the time limits set out in this Article may be extended by mutual consent in writing. Step No. The employee grievance shall a written grievance with his immediate Supervisor be reduced to writing, dated and presented to the supervisor involved, within five thirty (530) normal working days of the alleged incident giving rise leading to the complaintgrievance. The immediate Supervisor shall answer A meeting will then be arranged within three (3) normal working days subsequent to the date the grievance within five (5) working daysis received by the supervisor. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and will be signed taken up by the employee. STEP Should supervisor and department manager, as well as the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief union ▇▇▇▇▇▇▇ and and/or area ▇▇▇▇▇▇▇ (or appropriate representative). Such union representation shall answer include the Both parties will jointly complete a fact sheet defining the nature of the grievance and outlining the events and circumstances relating to the grievance. The supervisor will render his decision in writing within three (3) normal working days after the conclusion of the on said grievance. Step No. Failing settlement of step No. the Company and Union grievance committees will hold a joint meeting (the may attend), within five (5) normal working days subsequent to the date of the supervisor’s written decision. The committees will review the fact sheet and the Collective Labour Agreement in an attempt to resolve the grievance. The Company will render a decision in writing within three (3) normal working days. Step No. Failing settlement at Step No. the grievance may be taken up by the negotiating committee, with the company management committee within thirty-five (35) normal working days subsequent to the date of the Company’s written decision. The Management Labour Consultant may attend upon request of the Company. An International Representative of the union may attend upon request of the Union. The supervisor and/or department manager and/or area ▇▇▇▇▇▇▇ may be required to attend. The authorized member of the management committee will render the decision of such meetingcommittee in writing within three (3) normal working days after the conclusion of such on said grievance. STEP If no settlement is reached Suspension except those of a severe nature (e.g. sabotage, fighting, assault, theft, use of chemical substances, etc.) shall not be served until the grievance has been disposed of up to and including Step No. above. Suspensions arising from actions of a severe nature shall be taken up at Step the No. within seven (7) days of the Union Grievance Committee and representatives filing a grievance with the Company. Step No. Any grievance arising from the interpretation, application, administration or alleged violation of Management shall meet to discuss this agreement which has not been settled under the grievance procedure, including any question as to whether a matter is arbitrable] may within but not more than thirty-five (535) normal working days after the completion of receipt of Step No. be submitted to arbitration by either party. When either party to this agreement requests that a grievance be submitted to arbitration they shall make such request in writing and address same to the reply of the Plant Managerother party. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred parties shall than proceed to arbitration as hereinafter providedprovided for under the Ontario Labour Relations Act. Each of the parties shall pay the charges and expenses of its appointee. The Union or the Company may initiate a grievance beginning at Step charges and expenses of the Grievance Procedure. Such grievance Arbitrator shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article borne equally by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who A decision by the Arbitrator shall be final and binding upon both parties and the employees. The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this agreement, nor to alter, modify or amend any part of this agreement. Unless mutually agreed no matter may be submitted to arbitration which has not been discharged properly carried through all previous steps of the grievance procedure. Grievances on hourly rates in effect on the effective date of this agreement, including those, which are changed by a general wage adjustment, are not subject to arbitration unless there is a change in job content. Grievances pertaining to new hourly rates established after the effective date of this agreement (excepting those rates changed by a general wage adjustment), shall be subject to the arbitration procedure as heretofore expressed except that in such an instance the Arbitrator shall be a member of a reputable Industrial Engineering Company. No grievance after it has once been submitted to the negotiating committee for adjustment shall be settled except through the negotiating committee, or suspended may file if otherwise, with the consent and approval of such committee. The Union agrees that the final written answer of the Company to a written grievance at any step in the grievance procedure shall dispose of the grievance unless such is appealed by the Union within ten (IO) normal working days from the date of the Company's final answer. The only exception shall be that of an appeal to arbitration wherein fifteen (15) normal working days is allowed. Where the Company fails to answer in writing as provided in Step No. and/or of clause and the President of the Union has reminded the Human Resources Manager of the lack of such notice and provided after such notification the Company fails to render its decision in writing within five (5) ten normal working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infractionthe President's reminder, the Company may consider grievance will be settled in the employee's entire record preceding suspension favour of the or dismissal (reinstatement), the Union as the case may be. If an employee feels that he has been unjustly suspended or discharged he shall have the right to appeal herewith his discharge or suspension in accordance with the grievance procedure herein provided. In taking severe cases involving suspension or discharge the concerned will be sent home immediately. The Company will within two (2) normal working days inform the employee and the Union of the disciplinary action to be taken. Such appeal must be in writing, addressed to the Company and the Union and must be in the Company's hands no later than five (5) normal working days after the effective date of his suspension or discharge. If such appeal is properly made, the matter shall be negotiated through the grievance procedure and if it is determined that the employee has been unjustly suspended or discharged, he shall be reinstated to his former position without loss of seniority, and shall be compensated at his normal rate for normal hours lost from work because of the suspension or discharge. It is further agreed that the conferring parties or the Arbitrator shall have the power to make any other arrangements which, in their opinion, are just and equitable in the application of the foregoing penalties in this clause. When an employee has been discharged without notice, he shall upon request be given the opportunity to interview his ▇▇▇▇▇▇▇ in a suitable place, providing such can be accomplished within twelve 2) months an hour and a half from the date time his discharge is effective and the circumstances are not such that he must be removed from the premises of an oral or written warning for a similar infraction, the Company may consider without delay. The Union agrees there shall be no strike, sit-down, slow-down nor stoppage of work, either partial or complete during the employee's entire record preceding term of this agreement, except as provided with respect to the employee's oral or written warningrights of individual employees to refuse to perform unsafe work under the terms of Part V of the Occupational Health and Safety Act of Ontario, as the case may beThe Company agrees there shall be no lockout during such term.

Appears in 1 contract

Sources: Collective Labour Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto, that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is generally understood that an employee has no grievance until has first given to department head an opportunity of adjusting complaint. Any differenceconcerning the interpretation, application, administration or alleged violation of the provisions of this Agreement, other than a difference arising from the discharge of a probationary employee, shall be presentedconsidered as a grievance. Step If an employee has a complaint or question which wishes to discuss with the Company, he shall take the alleged circumstances of which originated or occurredmatter up with immediate supervisor, or should have come to the attention of the employee concerned, more than five within seven (57) working days prior from the date of the alleged occurrence said to its original presentation in writing at Step A grievance shall consist have caused the reason for the complaint. may be accompanied by ▇▇▇▇▇▇▇ if requests such assistance. Management may also request the presence of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer . Ifsuch complaint or question is not settled to the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days satisfaction of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance employee concerned within five (5) working days, then the following steps of the Grievance Procedure may be invoked in order. It is understood that the employee may request a specific union ▇▇▇▇▇▇▇ to attend their Step grievance meeting or any disciplinary meeting and should this individual person not be available, the employee will choose amongst those stewards available to assist them. Stet, The ▇▇▇▇▇▇▇ or the employee shall outline the grievance in writing. The employee must sign the grievance. Such document must be submitted to the department head within a period of seven (7) working days from the time the verbal reply to the complaint was received as indicated in Step above. After such discussion, as is necessary, the department head shall state in writing his decision. If the grievance is not settled within seven (7) working days after it was submitted to the department head, then the grievance shall specify be taken up as follows: the Article or Articles and subsections Union representative may then within seven (7) days from the date of the Agreement decision of which the department head request, in writing, a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied meeting with the disposition of the grievance at Step the grievance may General Manager. Such meeting will be referred to the Plant Manager held within five (5) working days after receipt by the Employer, of the immediate SupervisorUnion's reply at Step letter. The Plant department head, or his delegate, may attend such meeting. The General Manager or his delegate shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing render his written decision within five (5) working days of such following the meeting. STEP If no Failing satisfactory settlement is reached in Step then, at Step the the Union Grievance Committee and representatives request of Management shall meet to discuss either party, in writing, the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration provided such request is made within thirty (30)working days after the decision of the Employer in Step has been rendered. The time limits as hereinafter providedprescribed in this article may be extended by mutual agreement of the parties in writing. In determining time limits, Saturdays, Sundays and recognized Statutory Holidays shall be excluded. If the time limits or any mutually agreed upon extensions are not observed by the Union, the grievance shall be considered as abandoned and may not be reopened. Ifthe time limits or any mutually agreed upon extensions are not observed by the Employer, the grievance may be advanced to the next stage of the Grievance Procedure. At any stage of the Grievance Procedure, including arbitration, the conferring parties may have assistance of the employee or employees concerned and any necessary witnesses and all reasonable arrangements will be made to permit the conferring parties to fully investigate all the circumstances. The Union or the Company Employer may initiate present a policy grievance beginning commencing at Step of the Grievance Procedure. Such grievance policy grievances shall not be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to could have been dropped. However, time limits specified in the Grievance Procedure may be extended filed by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beindividual.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company and the Union, no grievance Such complaint shall be presented, acted upon in the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, following manner and sequence: It is agreed that an employee will, with has no griev- ance until the assistance of his accompanied by their ▇▇▇▇▇▇▇, refer the on has first had a formal meeting with their Supervisor and Superintendent or Manager, thereby giving their Supervisor and Superintendent or Manager an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result opportunity of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The adjusting their grievance.Such grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied discussed with the disposition of the grievance at Step the grievance may be referred to the Plant Supervisor and Superin- tendent or Manager within five (5) working days after receipt the circumstances giving rise to the grievance have occurred. Failing settlement, the grievance may, within five (5) days following the meeting with the Supervisor and Superintendent or Manager,then be referred to Step The Grievance Committee or a member there- of, may submit a written grievance to the Director, Employee Relations or desig- nate. The grievance, signed by the aggrieved employee and/or the ▇▇▇▇▇▇▇ or union rep- resentative, must contain the nature of the immediate Supervisor's reply at Step grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated. The Plant Manager Director, Employee Relations or designate shall convene a meeting with meeting, which would include the Commissioner and appropriate manage- ment and union representatives, within ten (10) days from the date on which the grievance is received by the Director, Employ- ee Relations or written decision shall be delivered to the Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days from the date on which the meeting was held under Step In the event a grievance concerns an area of work which is not the employee’snormal area, a grievance in such meetingcase shall be forwarded to appropriate management representatives. STEP If no settlement is reached The employee shall at all times be represented by their ▇▇▇▇▇▇▇ or designate in meetings with the Region’s representatives concerning their grievance. The Region may, at its discretion, refuse to con- sider a grievance, or having considered it, refuse to agree to the arbitration of any matter, the alleged circumstances of which occurred more then ten (10) days prior to the filing of the grievance in writing at Step Any difference arising directly between the Region and the Union Grievance Committee and representatives involving the interpreta- tion, application or alleged violation of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it Agreement may be referred to arbitration submitted in writing by either party and dealt with as hereinafter provided. The Union or the Company may initiate a grievance beginning com- mencing at Step of the Grievance Proceduregrievance procedure. Such Any grievance by the Region or the Union as provided in this paragraph, shall be com- menced within thirty-five (35) calendar days of the date of occurrence. No union grievance shall be filed within five (5) working days presented at Step which an employ- ee, or a group of employees could normally process as an individual employee grievance, or a grievance of a group of employees. Failing settlement under the incident giving rise foregoing proce- dure of any grievance between the parties, aris- ing from the interpretation, application, or alleged violation of this Agreement, including any question as to whether the complaint and be in the form prescribed in Step Any matter is arbi- trable, such grievance may be referred submitted to arbitration under Article by either the Union arbitration,as set forth in the case arbitration article of a Union grievance this CollectiveAgreement. If no written request for arbitration is received by the Director, Employee Relations or designate within fifteen (15) days after the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at decision under Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified given,it shall be deemed to have been droppedsettled and not eligi- ble for arbitration. However, It is agreed that grievances and replies to griev- ances shall be in writing at Step The griev- ance of an employee or a group of employees that has been settled at Step to the satisfac- tion of the cannot be subsequently processed by the Union through the remaining steps of the grievance and arbitration proce- dures. agreements reached under the grievance procedure between the representatives of the Region and the representative of the Union will be final and binding upon the Region and Union and the No adjustment affected under the grievance procedure or arbitration procedure shall be made retroactive prior to the date of the occur- rence which resulted in the grievance being Clause shall not prevent the adjust- ment of pay caused by clerical errors in com- putation. Where no answer is given to the within the time limits limit specified in the Grievance Procedure grievance procedure, the shall be entitled to submit the grievance to the next step of the grievance procedure. day as used in this Article and the Dis- charge Article, shall mean a day other than Sat- urday, Sunday or a specified paid holiday. A grievance that is not submitted to the next step within the time limits shall be deemed to be settled and disposition shall be as per the reply given at the preceding step. The time fixed in both the griev- ance and the arbitration procedures, may be extended only by mutual agreement consent in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beparties to this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company possible and the Union, it is generally understood that an employee has no grievance until he has first given to his supervisor an opportunity to adjust his complaint, and that such complaint shall be presented, registered within fifteen working days of the alleged circumstances of which originated or occurred, or should have come coming to the attention knowledge of the employee. If such complaint is not settled to the satisfaction of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with taken up as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days, in the following manner and sequence: Step No. The grievance Between the aggrieved employee who shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed accompanied by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Union ▇▇▇▇▇▇▇ and shall answer the supervisor, at which time a written record of the grievance shall be submitted and signed by the employee. The supervisor shall give his reply in writing not later than five (5) full working days following receipt of the grievance. Failing settlement, then: Step No. Within five (5) full working days of the written notice referring the grievance to Step No. a meeting will be arranged between the aggrieved employee, an accredited representative of the Union, and the local Manager or another representative of the Company. The Company shall reply in writing within five (5) full working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the this grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning satisfactorily resolved at Step of No. including any question as to whether a matter is arbitrable, the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under provided in Article X by either the Union notice in the case of a Union grievance or writing to the Company in within five (5) full working days after the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing Company’s reply at Step Any complaint or grievance which No. If no written request for arbitration is not commenced or processed through received within fourteen days after the next stage of the Grievance or Arbitration Procedure within the time specified decision in Step No. is given, it shall be deemed to have been droppedsettled or abandoned. However, An extension of the time limits specified may be mutually agreed upon by the parties. Saturdays, Sundays and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of the steps of the Grievance Procedure or under Article Any and all time limits fixed by this Article and Article X may at any time be extended by mutual agreement in writing Agreement between the Company and the Union. An All decisions arrived at between the representatives of the Company and the Union shall be final and binding upon the Company, the Union and the employee who or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result the employee receives an increase in his rate, such increase shall be paid retroactively to the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been discharged unjustly dealt with, he may inform his ▇▇▇▇▇▇▇ who shall, if a grievance is to be filed, file such written grievance with the company within eight working days of the suspension or suspended dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginningwith the Second Step. Notice of dismissal or suspension and the reason therefore shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and compensated for such time lost as is determined by the grievance or arbitration procedure, or such other settlement as is deemed to be just and equitable. The Union or the Employer may file a written policy grievance in appropriate circumstances. A policy grievance is defined as a difference concerning the interpretation or application of this Agreement or the law that seeks to enforce an obligation to the Employer to the Union or the Union to the Employer. A policy grievance shall not be brought with respect to matters capable of being filed as individual grievances or in respect of remedies or relief that effect individual employees. A policy grievance shall be initiated in writing at Step No. of the grievance procedure within five (5) full working days of notice of the discharge or suspensionact causing the grievance. In taking disciplinary action within twenty-four (24) months An employee who receives a written discipline notice from the date Company shall have the discipline removed from his record after a period of a suspension or dismissal (reinstatement) for a similar infractiontwo years, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement)provided that during such period, as the case may be. In taking he has not received other related disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beaction.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or interpreta- tion application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. : Prior to filing a formal grievance, an employee willmay, with the assistance of his ▇▇▇▇▇▇▇ if he so desires, refer the matter on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall file a written grievance with his immediate immedi- ate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections subsec- tions of the Agreement of which a violation is alleged, indicate indi- cate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five three (53) working days after receipt of the immediate Supervisor's ’s reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.five

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. All grievances shall be dealt with and disposed Of as hereinafter provided. Any employee having first discuss it with her committeeperson. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presenteddiscussed orally with the supervisor concerned no later than ten working days from the date the matter giving rise to the grievance occurred or came to the employee's knowledge as the case may be and the parties involved shall endeavour to equitably resolve the issues in dispute. If the grievance is not resolved in this manner within two working days, it may be processed in writing on a form for that purpose, and presented to the Supervisor no later than five working days following the date of the last discussion. The Supervisor will render a decision in writing no later than two working days following the presentation of the written grievance. if the Supervisor's decision is not satisfactory to the ag- grieved, the alleged circumstances of which originated or occurred, or should have come grievance may be presented by the Shop Committee to the attention Management to be taken up at the first meeting arranged between Management and Committee. Management shall render its decision in writing within twoworking daysfollowing the meeting. Meetings shall be arranged between Shop Committee and Management at the request of either party. At any meeting with the Management, the Committee may have present any involved in a grievance. If the decision of the Management is not satisfactory to the employee concerned, more than five (5) working days prior the parties to its original presentation in writing at Step A the grievance shall consist agree upon an arbitrator, to whom the matter will be immediately referred for arbitrationforthwith. Intheeventthat the partiescannot ten days, the Minister of a dispute concerning interpretation and/or application Labour for Ontario will be requested to appoint an Arbitrator. A discharged employee, before leaving the plant, shall be given an opportunity to explain the circumstances of any Article, Schedule or Clause in this Agreementthe case to his/ her committeeperson. Should A discharged employee may present a grievance arise it shall be handled as follows. Prior in writing, either direct orthrough the Plant Committee to filing a formal grievanceManagement, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five two (52) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer discharge, and Management will negotiate the grievance respecting such dis- charge and render a decision within five two (52) working daysdays after its receipt. The grievance shall specify If the Article or Articles and subsections decision of the Agreement of which a violation Management is allegednot satisfactory, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt arbitration as herein provided. he proceedings of the immediate Supervisor's reply at Step Management, the may be represented by duly accredited repre- sentatives of the Union The Plant Manager shall convene a meeting alterorchangeany of the provisions of this agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and Chief ▇▇▇▇▇▇▇ and provisions of this agreement. nor to deal in any matter not covered by his en a grievance involving a penalty, shall answer be entitled to modify such penalty as in the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt opinion of the reply arbitrator is just and equitable. Each of the Plant Managerparties hereto will share equally the expense of the arbitrator. The Union's National Representative decision of the arbitrator shall be final and binding upon the parties. All disciplinary notations will be in attendance at this meetingremoved from an employee’s file following no more than three (3) years of discipline-free employment. If the grievance is When such notations are removed, they will not settled within five (5) working days it may be referred to arbitration as hereinafter providedagain in relation to any other matter. The In those instances where the Union, by either Executive Board. Public Review Board or Constitutional Convention Appeal Committee has reviewed the disposition of a grievance and found that such disposition was improperly effected by the Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or representative involved, the National Union may inform the Company in writing that such grievance is reinstated in the case grievance procedure at the step at which the original disposition of a the grievance occurred. It is agreed however, that the Company grievancewill not be liable for any claims for damages, including back pay claims, arising out of grievances that are already barred under the provisions of the Agreement at the time of reinstatement of the grievance or that relate to the period between the time of the original disposition and the time of the reinstatement. The Union may foregoing does not institute a grievance directly affecting apply to those grievances to which an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who arbitration decision has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may berendered.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purpose of this Agreement are agreed that it Agreement, a Grievance is defined as a difference arising either between a member of the utmost importance bargaining unit and the Society or between the parties relating to adjust the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. The Grievance shall identify the nature of the Grievance, the remedy sought, and should, where possible, specify the provisions of the Collective Agreement which are alleged to have been violated. For the purposes of the collective agreement, "working means a weekday, Monday to Friday, other than a statutory holiday. It is the mutual desire of the parties hereto that complaints and grievances of employees shall be adjusted as quickly as possiblepossible and it is understood that an employee has no Grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Unless agreed to by both the Company and the UnionIf an employee has a complaint, no grievance such complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than discussed with her supervisor within five (5) working days prior after the circumstances giving rise to its original presentation in writing at Step the complaint have originated or occurred. If the immediate supervisor is unable to adjust the complaint to the mutual satisfaction within five (5) working days, the employee may proceed with the Grievance within five (5) working days following the decision of the immediate supervisor. A grievance shall consist Grievance of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in an employee properly arising under this Agreement. Should a grievance arise it Agreement shall be handled adjusted and settled as follows. Prior to filing a formal grievance, an employee will: The employee, with the assistance of his a Union ▇▇▇▇▇▇▇, refer if desired, must submit a written grievance, signed and dated by the on an informal basis employee to his her immediate Supervisorsupervisor. If Where, because of the inability of the employee to personally attend to the signing of the grievance cannot within the five (5) working day time limit, a ▇▇▇▇▇▇▇ may sign the grievance on the employee's behalf, provided that the grievance shall be settled as deemed to have been withdrawn unless the employee signs the grievance and provides a result copy of this discussion, then the signed grievance to the immediate supervisor at or prior to the Step meeting (it may be dealt with as follows: STEP The employee is understood that a facsimile copy of the grievance bearing the s signature shall a written grievance with his suffice or where otherwise agreed by the Parties). Her immediate Supervisor supervisor will deliver her decision within five (5) working days of following the incident giving rise day on which the written Grievance was presented to the complainther. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt Copies of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with be forwarded to the and Chief the Union ▇▇▇▇▇▇▇ and shall answer who assisted the to reduce the grievance to writing. Failing settlement, then: Within five (5) working days following the decision in Step the employee must submit the written Grievance to the Manager, Community Health Unless extended by mutual agreement of the parties, in writing, a meeting shall be held, within ten (10) working days of the request, between the Society, an official of the Union, the and the ▇▇▇▇▇▇▇ at which time the Grievance shall be discussed. The decision of the Society shall be given in writing within five (5) working days of such following this meeting. STEP If no settlement is reached at Step Copies of the Society's reply shall be forwarded to the Union Grievance Committee ▇▇▇▇▇▇▇ and representatives Official of Management shall meet the Union who attended at the Step meeting. Failing settlement under the foregoing procedure, either party may submit the matter to discuss the grievance arbitration within five ten (510) working days of receipt of after the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingdecision under Step is given. If the grievance no written request for arbitration is not settled received within five such ten (510) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of day period, the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are It is mutually agreed that it is the spirit and intent of the utmost importance this Agreement to adjust complaints and grievances as quickly as possiblepossible grievances arising from the application, interpretation, or alleged violation of this Agreement. Unless agreed to by both In the event of a dispute between any member or members of the Bargaining Unit and the Company in reference to the application, administration, interpretation or alleged violation of this Agreement, the following procedure shall be followed for adjustment and settlement thereof. It is agreed that time is of the essence and both parties agree that time limits will be strictly observed unless modified as provided in Article STEP Within six (6)working days following the event or from when the employee should have known of the events on which the grievance is based, the employee (or designee if appropriate due to circumstances surrounding the matter) will present a grievance in writing to the Station Manager or his designee. The grievance will state the facts upon which it is based and the Union, no specific remedy that is sought. STEP Within thirty (30) working days of receipt of the grievance shall be presentedthe Station Manager will hold a Grievance Meeting. The such Union representation as the requires to a maximum of three persons, the alleged circumstances Station Manager or his designee and such other persons as the Station Manager feels appropriate to a maximum of which originated or occurred, or should have come three persons will be in attendance. The Station Manager will reply in writing to the attention and the Local President within ten days of the employee concerned, more than Grievance Meeting. STEP Within five (5) working days prior of delivery of the Station Manager's reply, either party may elect to its original presentation refer the matter to arbitration as provided for in writing Article Failing such election, the matter shall be considered closed. Notwithstanding Article any grievance the discharge of an employee may be submitted directly to the Station Manager or his designee at Step A within ten (10) calendar days of the discharge. If either of the parties considers that this Agreement is being misunderstood, misinterpreted or violated in any respect by the other, the matter may be submitted as a written grievance shall consist and discussed between representatives of the Company and the Union Grievance Committee who may be accompanied by a dispute concerning interpretation and/or application Union representative. If not satisfactorily settled within ten (10) working days of any Articlethe above meeting, Schedule or Clause either party may refer the matter to arbitration. If either party, following the exercise of the grievance procedure, wishes to refer a matter to arbitration as provided in hereof, it shall, within thirty days of the completion of the last meeting contemplated in Step hereof, give to the other party to this Agreement. Should a grievance arise it shall be handled Agreement written notice of its intention to arbitrate, at the same time specifying one of the following list of arbitrators as follows. Prior to filing a formal grievance, an employee will, with the assistance of his being not acceptable: -▇▇▇▇▇ ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇ -▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and shall answer -▇▇▇▇▇ The party receiving the grievance in writing said notice of intention to arbitrate shall, within five two (52) working days days, by way of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of telephone, acknowledge receipt of the reply said notice, and at the same time, specify one of the Plant Managerremaining list of arbitrators as being not acceptable; thereafter, the party submitting the matter to arbitration shall reciprocate by one of the remaining arbitrators from the list and the parties shall continue to alternate striking names from list until such time as a single name remains on the list and shall be deemed thereby to have been appointed the arbitrator to hear the matter in dispute by mutual agreement of the parties, and shall be notified forthwith as provided for in the letter in Appendix "A" to this Agreement. In the event that the arbitrator so appointed should prove unable to hear the case, the selection process shall be repeated again from the beginning. The Union's National Representative will hearing must commence within six (6) weeks from the date of acceptance by the arbitrator to the hearing of the grievance. Should the selected arbitrator from the panel not be available, and failing agreement in attendance at this meeting. If selecting an alternate arbitrator, either party may request the grievance is not settled within five (5) working days it may be referred Minister of Labour to arbitration as hereinafter providedappoint an arbitrator. The Union or decision of the Company may initiate a grievance beginning at Step arbitrator shall be final and binding upon the parties and upon any employee affected by it. The parties will jointly bear the expense of an arbitrator in equal At any stage of the Grievance Procedure, including arbitration, all reasonable arrangements will be made to permit conferring parties to have assistance of the employees concerned and any necessary witnesses, to have access to the plant, and to view disputed operations, provided that such arrangements do not cause unnecessary cost to the Company or interfere with Company operations. Such grievance If it is determined by the arbitrator that any employee has not been suspended, discharged or disciplined for proper and sufficient cause, the board may make any decision which is just and equitable and which may or may not include full reinstatement of the employee. The arbitrator shall have the and authority to interpret and apply the provisions of this agreement insofar as shall be filed within five (5) working days necessary to the determination of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure dispute, but shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint have any jurisdiction or grievance which is not commenced authority to alter in any way or processed through the next stage to add to or subtract from or modify any of the Grievance or Arbitration Procedure within the terms of this Agreement. Any and all time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure by this Article may be extended or shortened by mutual agreement in writing between the Company and the Union. An employee No person may be appointed as an arbitrator who has been discharged involved in an attempt to negotiate or suspended may file a written grievance at Step within five (5) working days settle the grievance. Employees shall suffer no loss of pay in attending or arbitration meetings with the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beCompany.

Appears in 1 contract

Sources: Collective Labour Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties purpose of this Article is to this Agreement are agreed that it is establish a procedure for the settlement of the utmost importance to adjust complaints and grievances as quickly as possiblegrievances. Unless agreed to by both the Company and the Union, no A grievance shall be presented, defined as any dispute or difference arising out of the alleged circumstances violation, application, administrationor interpretation of which originated or occurred, or should have come the provisions of the Agreement. All grievance correspondence from the employer shall be sent to the attention local President. An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement shall discuss the grievance providing specific details of the alleged contravened with the employee's immediate supervisor. Such employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with accompanied by the assistance of his employee's area ▇▇▇▇▇▇▇ unless the employee specifically directs the area , refer ▇▇▇▇▇▇ otherwise. Such a complaint shall be brought to the on an informal basis to his attention of the immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer complaint except in the grievance case of a complaint involving computation of pay, in which case the complaint must be filed in writing within five (5) working daysdays after the receipt of pay. The immediate supervisor shall render the decision verbally within five (5) working days of receiving the complaint. The immediate supervisor shall mean the immediate supervisor outside the bargaining unit. Should the employee be dissatisfied with the immediate supervisor's disposition of the complaint. The area ▇▇▇▇▇▇▇ may refer such matter on a written grievance form supplied by within five (5) working days of receipt of the immediate supervisor's reply to the complaint. The complaint shall now constitute a formal grievance at Step I. The Manager of Plant Services answer the grievance in writing within five (5) working days of receipt of the grievance at Step I. The grievance shall specify the Article or Articles Article, clause and subsections of the Agreement of which a violation is alleged, contain a precise statement of the facts relied upon, indicate the relief sought sought, and be signed by the employee. STEP Should the employee grievance rely solely on Article of the Collective Agreement as the article violated the grievance shall be considered a step two grievance and be forwarded to the Administrator of Employee Relations. Should the Union be dissatisfied with the disposition of the grievance at Step I,the grievance may be referred to the Plant Manager Administrator of Employee Relations within five (5) working days after of receipt of the immediate Supervisor's Manager of Plant Services' reply at to Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and Administrator of Employee Relations shall answer the grievance in writing within five (5) working days of such meetingreceipt of the grievance at Step II. STEP III If no settlement is reached at Step II,the Grievance Committee of the Union Grievance Committee and representatives will meet with the Director of Management shall meet to discuss Education of the grievance Board within five (5) working days of receipt of the reply of the Plant ManagerAdministrator of Employee Relations to discuss the grievance. The Union's A National Union Representative will may be in attendance at this meeting. If the grievance is not settled within five (5) working days days, it may be referred to arbitration as hereinafter provided. Prior to the grievance being arbitrated the union reserves the right to review the matter with trustees. By agreement of the parties, grievance mediation will also be considered. The Union or the Company employer may initiate a grievance beginning at Step III of the Grievance Procedure. Such grievance shall be filed within five ten (510) working days of the incident giving rise to the complaint and be in the form format prescribed in Step I. Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievancearbitration. The Union may not institute initiate a grievance directly affecting at the second step, on behalf of the bargaining unit, notwithstanding the provisions of clause except that this clause will not allow the Union the right to file a grievance on behalf of an individual employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by of employees, other than a group of employees commencing at Step one specific location. Employees who are covered by this Agreement shall be required to follow the procedures laid down in Article and any employee who appeals directly to any Trustee, Senior Officer of the employer shall thereby forfeit all rights under this article. Any complaint or grievance which is not commenced or processed through to the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company employer and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed Employer agrees that it is of the utmost importance to adjust complaints and grievances shall be adjusted as quickly as possible. Unless agreed Any employee shall have the right to by both the Company and assistance of a Union Representative (or Stewards) if he or she so desires. Any grievance or dispute relating to the Unioninterpretation, no grievance application or alleged violation of this Agreement or the terms or conditions of employment as set forth herein, shall be presented, dealt with in the alleged circumstances of which originated following manner: STEP Any employee or occurred, employees having a grievance or should have come to the attention of the employee concerned, more than complaint shall first discuss it with his or her supervisor within five (5) working days prior to its original after such grievance or complaint has arisen. The immediate Supervisor shall give an answer within forty-eight (48) hours from presentation in writing at of such grievance or complaint. STEP Failing settlement after Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule I,the employee or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his Chief ▇▇▇▇▇▇▇ shall, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days after the receipt of the incident giving rise answer at Step I,present the grievance in writing to the complaintDepartment Head who shall render a decision in writing within three (3) days after presentation of the grievance. The immediate Supervisor shall answer STEP Failing settlement under Step the grievance matter shall, within five (5) working days. The grievance shall specify days after the Article or Articles and subsections decision of the Agreement of which a violation is alleged, indicate the relief sought and Step be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred presented to the Plant Manager within five (5) working days after receipt of Hospital Administrator to be taken up between the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance Hospital Administrator within three (3) days of the presentation of such grievance. At this meeting the Union Business Manager or his nominee may be present if required by either Party. A decision must be rendered by the Hospital Administrator within three (3) days from such meeting. STEP Failing settlement under Step of any difference between the Parties concerning the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference may be referred to Arbitration as provided in writing Article If Arbitration is to be invoked, a written request for Arbitration must be given to the Hospital Administrator within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss after the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.dealt with in Step

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed Both the Company and the Union agree that it avoiding unnecessary grievances and the handling of oral grievances is dependent on the understanding and the combined cooperation of the utmost importance to adjust complaints management and union representatives. Should grievances as quickly as possible. Unless agreed to by both arise between the Company and the Union, no grievance shall be presentedor employees, as to the alleged circumstances meaning and application of which originated the provisions of this agreement, or occurredas to the compliance of either party with any of its obligations under this agreement, or should have come to the attention there be any complaint or grievance by any employee of the bargaining unit or the union or the company, there shall be no written grievance until an ▇▇▇▇▇▇▇ effort has been made to discuss and resolve the grievance between the effected parties. FIRST, between the employee concernedaffected and the supervisor, more than five or between the Union Committeeman representing the department the effected employee and the supervisor. Such a meeting will take place within two (52) working days prior excluding Saturday, Sunday and Holidays from the time the Union representative requests the meeting. Any resolution attained at this meeting will be without prejudice or precedent to its original presentation in writing at Step A either party. If the dispute is still unresolved, a formal grievance shall consist will be written and submitted to the second step of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as followsthe procedure. Prior to filing a formal grievanceany written grievance being accepted into the second step of the procedure, an the above meeting must have taken place, and all relevant facts documented. SECOND, between the Union chairperson and the Labour Relations Manager. The employee willinvolved, with the assistance of his area Union ▇▇▇▇▇▇▇, refer Supervisor, and/or Department Head may also be involved. Depending on the on an informal basis to his immediate Supervisor. If seriousness of the grievance cannot be settled as issue, the National Union representative and a result representative of this discussion, then it the Company’s General Office may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor included. A meeting for discussing grievances at this step will take place within five fifteen (1 5) days of the submission to this step, unless otherwise mutually agreed to. Management’s decision will be given in writing within ten (10) working days from the conclusion of the incident giving rise meeting. Policy grievances can be submitted directly to the complaintLabour Relations Manager and if unresolved will be moved to arbitration. The immediate Supervisor shall answer It is understood that Union policy grievances are limited to such areas as the grievance within five (5) working days. The grievance shall specify the Article claim of incorrect interpretation or Articles and subsections administration of the Agreement or other action which may affect the collective interests of the bargaining unit. Subject to all established plant rules, a representative of the National Union shall at the request of the Union chair, be permitted to enter the for the purpose of obtaining necessary information pertaining to any grievance which a violation is alleged, indicate has reached the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition second step of the grievance procedure. THIRD, when a grievance, which alleges a violation or misinterpretation of this Agreement, has not been settled at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt step two, or when there is a question of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with of an issue, either party may move the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in question to arbitration. A claim that either the case company or the union has violated some provision of a Company this contract or failed to perform some obligation assumed under this contract, is an “arbitrable grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall meaning of this contract. Notice of appeal to arbitration must be deemed given by the moving party to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step other within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.thirty

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed Company and the Union agree that it is the purpose of the utmost importance grievance procedure to adjust amicably and justly settle any cornplaints and disagreements concerning the employees, the Union and the Company, without, so far as is possible, resort to arbitration. The parties further agree that the settlement of any grievance shall be deemed not to conflict with the provisions of the Agreement. It is the mutual desire of the parties that complaints and grievances of employees shall be dealt with as quickly as possible, and it is agreed that an employee has no grievance until he has first given the Supervisor the opportunity to deal informally his complaint. Unless agreed to by both Should any difference arise between the Company and any of the Unionemployees as to the interpretation, no grievance application, administration or alleged violation of the provisions of the Agreement that cannot be satisfactorily dealt with pursuant to Article an ▇▇▇▇▇▇▇ effort shall be presented, made to settle such difference in the following manner: ma Within four (4) days after the alleged circumstances of which originated or occurredgrievance has arisen the employee, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to shall present his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate writing, on a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article agreed upon by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An , to the and if, within four (4) days from the time when such grievance was presented a decision satisfactory to the employee who has been discharged or suspended may file a written grievance at Step within is not given then: Within five (5) working days after the decision of Step One has been, or should have been given, an authorized member of the discharge grievance committee present the grievance to the Regional Administration Manager, or suspensiona person or persons designated by him to handle such matters at Step Two. In taking disciplinary action The Regional Administration or designate, shall schedule a meeting to be held within twenty-four ten (2410) months days from the time when such grievance was presented to him, or his designate. At the Step meeting, the Regional Administration Manager, or his designate, may be accompanied by the personnel manager and such other assistants as he so desires. While the Business Representative ofthe Union may be present at the meeting, the Company has the right to require his presence at the meeting. The Regional Administration Manager, or his designate, shall give a decision in writing on behalf of the Company ten days immediately the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may besuch meeting.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are It is mutually agreed that it is the spirit and intent of the utmost importance this Agreement to adjust complaints and grievances as quickly as possiblepossible grievances arising from the application, administration, interpretation, or alleged violation of this Agreement. Unless agreed to by both In the event of a dispute between any member or members of the Unit and the Company in reference to the application, administration, interpretation or alleged violation of this Agreement, the following procedure shall be followed for adjustment and settlement thereof. It is agreed that time is of the essence and both parties agree that time limits will be strictly observed unless modified as provided in Article STEP Within six (6) working days following the event or from when the employee should have known of the events on which the grievance is based, the employee (or designee if appropriate due to circumstances surrounding the matter) will present a grievance in writing to the Station Manager or his designee. The grievance will state the facts upon which it is based and the Union, no specific remedy that is sought. STEP Within thirty (30) working days of receipt of the grievance shall be presentedthe Station Manager will hold a Grievance Meeting. The such Union representation as the requires to a maximum of three persons, the alleged circumstances Station Manager or his designee and such other persons as the Station Manager feels appropriate to a maximum of which originated or occurred, or should have come three persons will be in attendance. The Station Manager will reply in writing to the attention and the Local President within ten working days of the employee concerned, more than Grievance Meeting. STEP Within five (5) working days prior of delivery of the Station Manager's reply, either party may elect to its original presentation refer the matter to arbitration as provided for in writing Article Failing such election, the matter shall be considered closed. Notwithstanding Article any grievance concerning the discharge of an employee may be submitted directly to the Station Manager or his designee at Step A within ten (10) calendar days of the discharge. If either of the parties considers that this Agreement is being misunderstood, misinterpreted or violated in any respect by the other, the matter may be submitted as a written grievance shall consist and discussed between representatives of the Company and the Union Grievance Committee who may be accompanied by a dispute concerning interpretation and/or application Union representative. If not satisfactorily settled within ten (I 0) working days of any Articlethe above meeting, Schedule or Clause either party may refer the matter to arbitration. If either party, following the exercise of the grievance procedure, wishes to refer a matter to arbitration as provided in Article hereof, it shall, within thirty (30) days of the completion of the last meeting contemplated in Step hereof, give to the other party to this Agreement. Should a grievance arise it shall be handled Agreement written notice of its intention to arbitrate, at the same time specifying one of the following list of arbitrators as follows. Prior to filing a formal grievance, an employee will, with the assistance of his being not acceptable: -▇▇▇▇▇ ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇ -▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and shall answer -▇▇▇▇▇ The party receiving the grievance in writing said notice of intention to arbitrate shall, within five two (52) working days days, by way of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of telephone, acknowledge receipt of the reply said notice, and at the same time, specify one of the Plant Managerremaining list of arbitrators as being not acceptable; thereafter, the party submitting the matter to arbitration shall reciprocate by striking one of the remaining arbitrators from the list and the parties shall continue to alternate striking names from the list until such time as a single name remains on the list and shall be deemed thereby to have been appointed the arbitrator to hear the matter in dispute by mutual agreement of the parties, and shall be notified forthwith as provided for in the letter in Appendix to this Agreement. In the event that the arbitrator so appointed should prove unable to hear the case, the selection process shall be repeated again from the beginning. The Union's National Representative will hearing must commence within six (6) weeks from the date of acceptance by the arbitrator to the hearing of the grievance. Should the selected arbitrator from the panel not be available, and failing agreement in attendance at this meeting. If selecting an alternate arbitrator, either party may request the grievance is not settled within five (5) working days it may be referred Minister of Labour to arbitration as hereinafter providedappoint an arbitrator. The Union or decision of the Company may initiate a grievance beginning at Step arbitrator shall be final and binding upon the parties and upon any employee affected by it. The parties will jointly bear the expense of an arbitrator in equal portions. At any stage of the Grievance Procedure, including arbitration, all reasonable arrangements will be made to permit the conferring parties to have the assistance of the employees concerned and any necessary witnesses, to have access to the plant, and to view disputed operations, provided that such arrangements do not cause unnecessary cost to the Company or interfere with Company operations. Such grievance If it is determined by the arbitrator that any employee has not been suspended, discharged or disciplined for proper and sufficient cause, the board may make any decision which is just and equitable and which may or may not include reinstatement of the employee. The arbitrator shall have the jurisdiction and authority to interpret and apply the provisions of this agreement insofar as shall be filed within five (5) working days necessary to the determination of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure dispute, but shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint have any jurisdiction or grievance which is not commenced authority to alter in any way or processed through the next stage to add to or subtract or any of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been droppedterms of this Agreement. However, Any and all time limits specified in the Grievance Procedure fixed by this Article may be extended or shortened by mutual agreement in writing between the Company and the Union. An employee No person may be appointed as an arbitrator who has been discharged involved in an attempt to negotiate or suspended may file a written settle the grievance. Employees shall suffer no loss of pay in attending grievance at Step within five (5) working days of or arbitration meetings with the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beCompany.

Appears in 1 contract

Sources: Collective Labour Agreement

ARTICLE GRIEVANCE PROCEDURE. The For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement are agreed that it including any question as to whether a matter is arbitrable. It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is understood that an employee has no grievance until has first given immediate supervisor or designate the opportunity of adjusting his complaint. if an employee has a complaint, such complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance discussed with his immediate Supervisor supervisor or designate within five (5) working calendar days of after the incident circumstances giving rise to the complaintcomplaint have originated or occurred. If the immediate supervisor or designate is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days the employee may proceed with the grievance procedure within five (5) days following the decision of the immediate supervisor or designate. The grievance of an employee properly arising under this Agreement should be adjusted and settled as follows: Step No. The employee must written grievance, signed and dated by the employee, or his designate in situations where it is impossible for the employee to sign and date the grievance to his immediate supervisor or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated must be set out in the grievance. The immediate Supervisor supervisor or designate will deliver decision in writing within three (3)calendar days after receipt of the grievance in writing. Failing Settlement, the next step of the grievance procedure may be taken. Within five (5) calendar days following the decision under Step No. the employee must submit the written grievance to the Administrator (or his Within five (5) calendar days of the receipt of the grievance by the Employer, (or the Union in the case of a policy grievance), a meeting shall answer be held to discuss the grievance. The must be present at this meeting. A decision in writing shall be delivered by the party receiving the grievance within five (5) working days. The grievance shall specify calendar days after the Article or Articles and subsections of the Agreement of meeting at which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step was discussed. Failing settlement, either party may submit the grievance may be referred matter to the Plant Manager arbitration within five (5) working ten calendar days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer No. is given in writing. If no written request for arbitration is received within such ten 0) calendar day period, the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the inter- pretation, application, administration or alleged violation of this Agreement are agreed that it including any question as to whether a matter is arbitrable. It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is understood that an employee has no grievance until he has first given his Immediate Supervisor the opportunity of adjusting his complaint. If an employee has a complaint, such complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than discussed with his Immediate Supervisor within five (5) working calendar days prior after the circumstances giving rise to its original presentation the complaint have originated or occurred. If the Immediate Supervisor is unable to adjust the complaint to their mutual satisfaction within five calendar days, the employee may proceed with the grievance procedure within five (5) calendar days following the decision of the Immediate Supervisor. A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee must submit a written grievance, signed and dated by the employee, to his Immediate Supervisor. The nature of the grievance, the remedy sought, and the section sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Immediate Supervisor will deliver his decision in writing at within five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step in the grievance procedure may be taken. Within five (5) calendar days following the decision under Step A No. the employee must submit the written grievance shall consist of to the Department Head who will deliver a dispute concerning interpretation and/or application of any Article, Schedule or Clause decision in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance writing within five days of his receipt of the written grievance. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, the next step in the grievance procedure may be taken. Within five (5) calendar days following the decision under Step No. the grievance must be submitted to the Administrator (or his designate) to be discussed at a meeting between the Administrator (or his designate), the said ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If and the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Grievance Committee within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working calendar days of receipt of the reply of the Plant Managergrievance. Either party may have outside assistance at this stage if desired. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled Administrator (or his designate) shall give his written disposition within five (5( 5 ) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working calendar days of the incident giving rise to day of such meeting. Failing settlement, either party may submit the complaint and be in the form prescribed in Step Any such grievance may be referred matter to arbitration under Article by either within ten (10) calendar days after the Union in the case of a Union grievance or the Company in the case of a Company grievancereply at Step is given. The Union may not institute a grievance directly affecting an employee or employees which If no written request for arbitration is received within such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where ten (10) day period, the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Any individual employee, group of employees or the Alliance shall have the right at any time to this Agreement are agreed that it is of present grievances under the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause procedure outlined in this Agreement. Should When an employee feels that he has a grievance arise it he shall be handled as follows. Prior consult with a supervisor in respect of the complaint prior to filing a formal grievance, an grievance and attempt to resolve the-matter. The employee will, with the assistance of should be accompanied by his shop ▇▇▇▇▇▇▇, refer the on an informal basis . Grievances must be filed within fifteen working days and hearings shall be held promptly. Any employee suspended shall be restored to his immediate Supervisor. If former position with full pay of all time lost if such suspension be not sustained The following steps constitute the recognized grievance cannot be settled as a result of procedure under this discussion, then it may be dealt with as followsAgreement: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days Representing the Employee or the Alliance Step Representative of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections Alliance Step Representative of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition Alliance Step Representative of the grievance at Alliance Representing the Employer Step the grievance may be referred to the Plant Operations Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief or General ▇▇▇▇▇▇▇ Step General Manager Step Arbitration The Employer and the Alliance agree with the principle of using a single arbitrator to settle grievances; however, if the patties cannot agree on a single arbitrator, an arbitration tribunal shall answer be set up. This tribunal is to consist of a Management representative, an Alliance representative and these two people will decide on a third member who will act as a Chairperson. If agreement cannot be reached as to the grievance selection of a Chairperson within a period of three (3) weeks, either party may then request the Federal Minister of Labour to appoint a Chairperson. This tribunal will render a decision as soon as possible subsequent to the hearing. accordance with the Canada Labour Code, there shall be no stoppage of work while the procedure outlined in writing within this Article is being followed. The time limit for replies for the first two steps of the procedure shall be five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five fifteen (515) working days of receipt for a reply at the third level, unless the Alliance and the Employer agree in writing to an extension. All replies beyond level one shall be in writing. The jurisdiction of the reply arbitrator shall be restrained to the terms and conditions spelled out in the Collective Agreement. The Employer and the Union shall share the cost of the Plant Managerarbitrator and each party shall be responsible for their own costs during the arbitration. The Union's National Representative will be in attendance at this meeting. If Employer acknowledges the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step right of the Grievance ProcedureAlliance to appoint or otherwise select employees as representatives. A representative shall obtain the permission of his immediate supervisor before leaving work to investigate employee complaints, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure permission shall not thereby be by-passed except where unreasonably withheld. Where practicable, the grievance would affect the Bargaining Unit as a wholerepresentative shall report back to his supervisor before resuming his normal duties. This Clause IAn employee shall not preclude a group grievance signed by a group suffer any loss of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed pay when permitted to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.leave his workplace under article

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is understood that an employee has no grievance until he or she has given his or her Manager or designate an opportunity to adjust the complaint. If an employee has a complaint, he or she shall be presented, the alleged circumstances of which originated discuss it with his or occurred, her Manager or should have come to the attention of the employee concerned, more than designate within five (5) working days prior after the circumstances giving rise to its original presentation the complaint have originated or occurred and, failing settlement, it may then be taken up as a grievance within ten working days following advice of the Manager or designate’s decision in writing at Step A the following manner and sequence: The grievance shall consist state the nature of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a the grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee willand the remedy sought: The employee, with the assistance of his or her ▇▇▇▇▇▇▇, refer may submit a written grievance, signed by the on an informal basis employee and by a ▇▇▇▇▇▇▇, to his immediate Supervisorthe Business Manager or designate. If The grievance shall state the nature of the grievance canand the remedy sought. The Business Manager or designate will deliver his or her decision in writing within seven (7) working days following the date on which the grievance was presented. Failing settlement, the grievance will proceed to Step No. Step No. 2: Within seven (7) working days following the decision under Step No. the Union may submit the written grievance to the Administrator or designate, at which time the matter will be reviewed and a decision in writing will be given within seven (7) working days from the date on which the written grievance was lodged with him or her. The Union or the Employer may request a meeting with the other to discuss a grievance at Step No. at a time and place mutually agreeable. A representative of the Union and the grievance committee may be present at such meeting. A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the agreement (which would not normally be settled as grieved by an individual employee), or a result grievance involving a group of this discussionemployees shall be originated under Step No. Failing settlement under Step No. within fifteen (15) working days, then it may be dealt submitted to arbitration in accordance with Article Any grievance by the Employer or Union as follows: STEP The employee provided in this paragraph shall a written grievance with his immediate Supervisor be commenced within five (5) ten working days of the incident circumstances giving rise to the complaint. The immediate Supervisor shall answer Failing settlement under the foregoing procedure of any grievance within five (5) working days. The grievance shall specify between the Article parties arising from the interpretation, application or Articles and subsections alleged violation of the Agreement of which this agreement, including any question as to whether a violation matter is allegedarbitrable, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the such grievance may be referred submitted to the Plant Manager arbitration as set forth in Article If no written request for arbitration is received within five fifteen (515) working days after receipt of the immediate Supervisor's reply at decision under Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meetingNo. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days given, it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been droppedsettled and not eligible for arbitration. HoweverAll agreements reached under the Grievance Procedure between the representatives of the Employer and representatives of the Union will be final and binding upon the Employer and the Union and the employees. Where no answer is given within the time limits specified in the Grievance Procedure, the employee concerned and the Union and the Employer shall be entitled to submit the grievance to the next step of the Grievance Procedure. Any grievance not processed within the time limits specified in the Grievance Procedure may or in accordance with this Article shall be extended by mutual agreement in writing between the Company deemed to have been settled and the Unionineligible for arbitration. An employee who has been discharged or suspended may file Grievances about layoff start with a written grievance lodged at Step within five (5) working days No. The parties may agree that there are circumstances where the services of a grievance mediator may allow for an objective, independent review of the discharge or suspensionissues in dispute and assist the parties in resolving grievances. In taking disciplinary action within twenty-four (24) months from The parties agree to share the date costs of the mediation. By mutual agreement, the parties may agree to use the services of a suspension or dismissal (reinstatement) mediator and extend the time limits for a similar infraction, the Company may consider appointment of the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bearbitration board if such is required.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the UnionAccordingly, no grievance shall be presented, arbitrable where the alleged circumstances of which giving rise to it occurred or originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior before the filing of the grievance. It is generally understood that an employee has no complaint or grievance until he, either directly or through the Union, has first given his immediate Service Manager an opportunity to its original presentation adjust the complaint. If, after registering the complaint with the Service Manager and such complaint is not settled within two (2) regular days or within any longer period which may have been agreed to by the parties, then the following Steps of the Grievance Procedure may be invoked: The grievance shall be submitted in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule either directly or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior through the Union to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Company Designate within five (5) working days of the incident circumstances giving rise to the complaintgrievance. The immediate Supervisor Company Designate shall answer hold a meeting with the grievance employee and ▇▇▇▇▇▇▇ within a further five (5) working daysdays and shall communicate his position to the employee within three (3) working days of such meeting. If the matter is not settled, then within three (3) working days of the Company Designates reply, the Union Staff Representative may request a meeting with the President or his Designate. In such case the meeting shall be held between the Company and the Union Staff Representative and Union ▇▇▇▇▇▇▇ involved as soon as practicably possible, but not later than two (2) weeks after the Company receives notification from the Union that such meeting is desired. If the matter is not disposed of at such meeting, and if the Union wishes to proceed to arbitration, the Union shall, within ten (10) days of the date of such meeting, but not thereafter, deliver to the Company a notice in writing stating that it wishes to take the matter to arbitration. The grievance notice to arbitrate shall specify contain the Article or Articles name and subsections address of the Agreement Union's proposed Arbitrators and the remedy sought. Thereafter the parties shall confer to select an agreeable Arbitrator. A claim by an employee other than a probationary employee that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of which a violation such grievance is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied lodged with the disposition of the grievance at Step the grievance may be referred to the Plant Manager President or his Designate within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with employee ceases to work for the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance ProcedureCompany. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such special grievance may be referred settled by: confirming the Management's action to arbitration under Article by either discharge or suspend the Union employee, or reinstating the employee with full seniority and compensation for lost wages and benefits, or any other arrangement, which in the case opinion of a Union grievance the conferring parties, or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute Arbitrator, is just and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beequitable.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to In the event of a complaint by an employee who is covered by this Agreement are agreed that it is of the utmost importance employee has been dealt with contrary to adjust complaints and grievances as quickly as possible. Unless agreed to by both its terms or that the Company and the Union, no grievance shall be presentedemployee has been unjustly disciplined, the alleged circumstances of which originated or occurred, or should employee shall not have come to the attention of a grievance unless and until the employee concernedhas first discussed the matter with his immediate supervisor, more than five (5) working days prior namely, the Operations Superintendent or the Plaza Superintendent. An employee who is subject to its original presentation in writing disciplinary action may, at Step A grievance shall consist of his option, have a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance ▇ present at any discussion with his immediate Supervisor supervisor. If matter is not settled by such discussion, the employee may take the matter up as a grievance under this Article. All grievances shall be in writing except in STEP and shall contain a concise statement of the facts complained of and shall state the Article of this Agreement which the Commission is alleged to have violated. A grievance shall be filed at STEP of the Grievance Procedure within and not after five (5) working days of the date of the incident giving rise to the complaintgrievance; otherwise it shall be deemed to have been withdrawn. The immediate Supervisor following procedure shall answer be adhered to in processing grievances: STEP The aggrieved employee shall present his verbal grievance to the Operations Superintendent or Plaza Superintendent in charge of his shift, and at such time, the employee may be accompanied by the appropriate ▇▇▇▇▇▇▇. The Operations Superintendent or Plaza Superintendent shall deal with the grievance directly, and give his verbal response within three (3) working days thereafter, STEP 2: Should the grievance not be settled at STEP the grievance may then be presented forthwith to the appropriate Operations Superintendent, or Facilities and Operations Manager who shall respond to the grievance within five three (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (53) working days after receipt of thereafter. The response shall be in writing and delivered to the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be’s department.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both Should any differences arise between the Company and the UnionUnion or between the Company and the employees, no grievance shall be presented, or between the alleged circumstances employees of which originated or occurredthe Company, or should have come any local trouble of any kind arise in the plant pertaining to matters involved in this Agreement, or incident to the attention employment relations, there shall be no strike, stoppage, slowdown, or suspension of work on the part of the Union or its members, or lockout on the part of the Company, on account of such dispute. An ▇▇▇▇▇▇▇ effort shall be made to settle all such matters immediately in the following manner and order. The Union Shop Committee, as indicated in Article who shall be regular employees of the Company, shall handle all grievances and dealings with the management. Not more than two (2) members of the Shop Committee shall be present at any meeting with management. The following procedure shall be applicable progressively to the adjustment of disputes and grievances: The employee concernedand/or the Union ▇▇▇▇▇▇▇ shall discuss the concern with the immediate supervisor and if a satisfactory settlement is not reached a grievance may be entered starting at Step Any employee, the Union or the Company may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, shall be forfeited and waived by the aggrieved party. It is agreed that no more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as followscounted during each calendar week. Prior to filing a formal grievance, All grievances must be submitted in writing. The procedure for adjustment of grievances and disputes by an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot shall be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall By a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should discussion between the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief and, Union ▇▇▇▇▇▇▇ and and/or the Union Representative, with the employee's immediate supervisor or his or her designated appointee. The immediate supervisor or his or her designated appointee shall answer reply to the grievance grievance, in writing to the Union, within five (5) working days of such meetingcalendar days. STEP If no a satisfactory settlement is reached at Step the has not been reached, the Union Grievance Committee and representatives of Management shall meet Representative or employee may proceed to discuss Step STEP 2: The Union Representative or Representatives may take the grievance within five (5) working days of receipt of matter up with the reply of Company official designated by the Plant Manager. The Union's National Representative will be in attendance at this meetingCompany to handle Labour Relation matters. If the grievance matter is not settled taken up within five ten (510) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working calendar days of the incident giving rise date the Union received the written reply to the complaint and be in the form prescribed grievance in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified it shall be deemed to have been dropped. However, time limits specified in abandoned and further recourse to the Grievance Procedure may shall be extended by mutual agreement in writing between the Company and the Unionforfeited. An employee who has been discharged or suspended may file If a written grievance at Step satisfactory settlement cannot be reached, then upon request of either party, within five fourteen (514) working calendar days of receiving the discharge or suspension. In taking disciplinary action within twenty-four (24) months final, written decision, from the date of a suspension or dismissal (reinstatement) for a similar infractioneither party, but not thereafter, the Company matter may consider the employee's entire record preceding suspension or dismissal (reinstatement)then be referred to an Arbitrator, as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beselected in accordance with Article Arbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties At any time the Employer requests to this Agreement are agreed that it is of meet with the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Unionemployees, no grievance shall be presented, the alleged circumstances of which originated either during an investigation process or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievanceissuing discipline, an employee will, with shall have the assistance right to the presence of his or her Chief ▇▇▇▇▇▇▇, refer or if the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ is unavailable, then a Shop ▇▇▇▇▇▇▇ and if a Shop ▇▇▇▇▇▇▇ is unavailable, then a Union member of their choice. The Employer shall notify the employee of this right in advance, in order that the employee is able to contact a ▇▇▇▇▇▇▇ to attend the meeting with them. The employee must first discuss any complaints with immediate supervisor. One The employee concerned, who may be accompanied by ▇▇▇▇▇▇▇ may, within ten 0) calendar days of the alleged grievance, refer the ▇▇▇▇▇▇ in writing to his immediate Supervisor who shall give his answer in writing to such employee within ten 0) calendar days following the date on which the grievance was delivered. All grievance forms shall contain only one grievance. The written grievance shall contain a clear and concise statement concerning the alleged grievance and the people involved. The grievance shall be returned to the employee if it fails to comply with these requirements and the employee shall have an additional ten 0) calendar days to the grievance in writing conformity with this section. Stage Two Should any employee feel that grievance has not been satisfactorily settled, may within five (5ten 0) working calendar days of such meetingSupervisor's decision appeal to the Executive Director or designate. STEP If no settlement is reached at Step This may be done by a committee comprised of the employee, a ▇▇▇▇▇▇▇, and a Union Representative who will, within ten calendar days of the Union Grievance Committee date on which the answer was received, present the written grievance and representatives of Management reply to the Executive Director and/or designate who shall meet to discuss the grievance within five (5matter with such committee and give his decision in writing no later than ten 0) working calendar days of receipt of after the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingwritten presentation has been given to him. If a satisfactory settlement of the grievance is not settled within five (5) working days it reached under the foregoing procedure, either party may be referred refer the matter to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5ten 0) working calendar days of the incident giving rise receipt of the answer to Stage Two. Failure of the Union to meet its time limits will cause the grievance to expire and neither it nor the same subject matter shall be further considered or made the subject of a further grievance. Failure of the Association to meet its time limits shall permit the aggrieved employee to take the grievance to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where next succeeding step, provided he presents the grievance would affect at this next step within ten 0) calendar days after the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage expiration of the Grievance or Arbitration Procedure within said time limit. Either party may agree to extend time limits at all stages of the grievance procedure provided such extension is requested to the other party prior to the expiry of the time specified limits; otherwise the grievance shall be deemed to have been droppedabandoned. HoweverShould a second grievance occur on the same subject matter as the grievance in process, time limits specified in the Grievance Procedure may said second grievance shall not be extended by mutual agreement in writing between considered while the Company and original grievance is being considered. The second grievance will be considered as being presented only after the Unionfirst grievance has been disposed of. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking subject to disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider which is to be recorded in the employee's entire record preceding suspension personnel file shall have the right to the presence of a Union ▇▇▇▇▇▇▇ or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beCommittee member.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to In all steps of this Agreement are agreed that it is Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by a representative of the utmost importance to adjust Grievance Committee. All complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, taken up in the alleged circumstances of which originated following manner: I No. A nurse having a question or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance complaint shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor or her supervisor within five (5) working days of the incident giving rise actual occurrence leading to the question or a complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred reply to the Plant Manager nurse, giving the answer to the question or complaint within five (5) working days after from the date of submission. Should the answer to the nurse in Step No. not be acceptable to the nurse, then the nurse shall submit his or her grievance writing to the Director of Nursing within seven (7) working days of receiving the answer in Step No. of the Grievance Procedure. The Director of Nursing shall within seven (7) working days of receipt of the immediate Supervisor's grievance, reply at in writing to the nurse giving the answer to the grievance. Should the answer to the nurse Step The Plant Manager No. not be acceptable to the nurse, then the nurse shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the submit his or her grievance in writing to the Administrator within five (5) working days of such meetingreceiving the answer in Step No. STEP If no settlement is reached at Step of the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance Procedure. The Administrator shall, within five (5) working days of receipt of the reply grievance, call a meeting of all parties involved and the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within Administrator shall have five (5) working days it following the meeting to study the matter and make his or her reply in writing to the nurse. Should the answer to the nurse in Step No. not be acceptable to the nurse, then the grievance may be referred submitted to arbitration. If no written request for arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed is received within five ten (510) working days of from the incident giving rise to date the complaint and be in the form prescribed in reply is made Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievanceNo. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been droppedabandoned and the same grievance shall not be the subject matter of a further grievance. HoweverIn determining the time within which any action is to be taken or completed under the terms of this Agreement, such time limits specified in the Grievance Procedure may shall be extended by mutual agreement in writing between the Company exclusive of Saturdays, Sundays and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bePaid Holidays.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances grievance as quickly as possible. Unless agreed Accordingly, where the circumstances giving rise to by both the Company and the Union, no a grievance shall be presented, the alleged circumstances of which occurred or originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior before the filing of the grievance, shall not be arbitrable unless there exits a compelling reason to its original presentation in writing at Step A grievance shall consist arbitrate. If a time limits dispute exits a tribunal consisting of; one bargaining unit employee (from an area unaffected by the grievance), one supervisor and one member of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it the clerical staff shall be handled as followspresented the facts concerning the time limits violation by both parties to the dispute. Prior The tribunal shall make a recommendation to filing a formal grievance, the General Manager or his designate and the Union Executive on the merits of the dispute. The recommendations are not binding on either party. It generally understood that an employee willhas no cornplaint or grievance until he, with either directly or through the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to has first given his immediate Supervisorsupervisor an opportunity to adjust the complaint. If the reply of the supervisor is not satisfactory to the employee concerned, the complaint must be stated in writing within three (3) working days following the reply of the supervisor, to General Sales Manager. If the reply of the General Manager is satisfactory to the employee concerned, the grievance cannot shall be settled as a result submitted, within three working days following the reply of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with the General Sales Manager to the General Manager or his immediate Supervisor within designate. Within five (5) working days following receipt of a written grievance the incident giving rise General Manager and/or such other persons as may be designated by the Company, will meet with the Union Committee to discuss the complaintgrievance. The immediate Supervisor shall answer the grievance General Manager, or his designate will give his reply in writing within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt the meeting has been held. At stage, a full-time officer of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meetingUnion may be present, if his presence is requested by either party. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant ManagerGeneral Manager is satisfactory, the dispute will be heard by the tribunal outlined in Article The tribunal will make a recommendation to both parties on a possible resolution. The Union's National Representative will be in attendance at this meetingrecommendation not binding. If the grievance issue is not settled resolved in a satisfactory manner, either party may, within five ten (510) working days it may be referred to arbitration as hereinafter provided. The Union or following the Company may initiate a grievance beginning at Step date of the Grievance ProcedureGeneral Manager's final reply, refer the grievance to arbitration. Such grievance shall be filed within five (5) working days Any of the incident giving rise to time allowances provided for the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beagreement.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are have agreed that it is of the utmost importance to adjust complaints and grievances grievance as quickly as possible, It is generally understood that an employee has no complaint or grievance until he, either directly or through the Union, has first given his immediate an opportunity to adjust the complaint. Unless If, after registering the complaint with the supervisor, such complaint is not settled within two (2) regular working days or within any longer period which may have been agreed to by both the Company and parties, then the Union, no following Steps of the Grievance Procedure may be invoked: The grievance shall be presented, submitted in writing through the alleged circumstances of which originated or occurred, or should have come Union to the attention City Manager within ten (10) business days of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance circumstances giving rise the grievance. The City Manager or Operations Manager shall consist of hold a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, meeting with the assistance of his employee, ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ within a further five (5) business days and shall answer communicate his position to the grievance employee within five (5) business days of such meeting. Ifthe matter is not settled, then within three (3) working days of the City Manager or Operations Manager reply, the Union Staff Representative may request a meeting with the Company’s Management. In such case the meeting shall be held between the Company and the Union Staff Representative and the Union ▇▇▇▇▇▇▇ involved and/or the Chief ▇▇▇▇▇▇▇ and/or the as as is practicably possible, but no later than two (2) weeks after the Company receives notification from the Union that such meeting is desired. If the matter is not disposed of at such a meeting, the Company Representative shall render a written decision to the Union within five (5) working days. If the Union wishes to proceed to arbitration, the Union shall, within thirty- one (31) days after the receipt of the Company’s written decision, deliver to the Company a notice in writing stating that it wishes to take the matter to arbitration. A by an employee, other than a probationary employee, that he has been unjustly discharged or suspended shalt be treated as a grievance if a written statement of such grievance is lodged with the City Manager within ten (10) business days after the employee ceases to work for the Company. Such special grievance may be settled by: the Company’s action to discharge or suspended the employee, or Reinstating the employee with full seniority and Compensation for lost wages and benefits, or Any other arrangement, which in the opinion of the conferring parties, or the Arbitrator, is just and equitable. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties after properly exhausting all Steps of the Grievance Procedure set forth in this Agreement, may notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the first party‘s suggestions for an impartial Arbitrator. The recipient of the notice shall within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt other party of the reply name of the Plant Manager. The Union's National Representative will be in attendance at this meetingits suggested Arbitrator. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step recipient of the Grievance Procedure. Such grievance shall be filed within five (5) working days of notice fails to suggest an Arbitrator or if the incident giving rise parties fail to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting agree upon an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure Arbitrator within the time specified limit, the appointment shall be deemed made by the Minister of Labour for the Province of Ontario upon the request of either party. The Arbitrator will hear and the difference or allegation, shall issue a decision and the decision shall be final and binding upon the parties and upon the Company and any employee affected by it. The Arbitrator shall not be authorized to have been droppedmake any decision, which is contrary to, or inconsistent with, the provisions of the Agreement. However, time limits specified The decision of the Arbitrator constituted in the Grievance Procedure may above manner shall be extended binding on both parties. The compensation and expenses of the Arbitrator shall in all cases be equally by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Should a dispute arise between the Authority and the Union or between the Authority and an employee or employees regarding the interpretation, meaning, operation or application of this Agreement, including any question as to whether a matter is arbitral, or where an allegation is made that this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurredhas been violated, or should have come any other dispute arise, all the parties agree to attempt to settle the attention dispute in accordance with the following steps: Step In the event of any dispute arising between any two parties mentioned in Article discussions should take place between the employee, the Supervisor and the Airport to try and resolve the dispute before a grievance is filed. Step If the matter is not resolved at Step where an employee is aggrieved, he or she shall, within a reasonable time and not, in any event, to exceed twelve (12) working days, of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident matter giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is allegedcomplaint first occurring, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer present the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step to the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance Airport The Airport will reply in writing within five (5) working days of receipt of the grievance indicating whether any action will be taken with respect to the grievance. Step If the matter is not resolved at Step the grievance, with the reply of the Plant Manager. The Union's National Representative Airport will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step Chairperson of the Grievance Procedure. Such grievance shall be filed board of Directors of the Authority within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage reply of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement Airport The Chairperson will reply in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of receipt of the Clean April grievance indicating whether any action will be taken in respect of the grievance. Step If the matter is not resolved at Step the Union may, within twenty (20) days of receipt of the reply of the Chairperson,by notice addressed to the Chairpersonrefer the matter to arbitration in accordance with Article hereof. A policy grievance, a grievance in respect of harassment under Article or a grievance against discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral employee shall be initiated at Step The Authority shall have the right to file a grievance concerning the interpretation, application, operations, or written warning any violation of the Agreement. The Authoritygrievanceshall be formally discussed with the Union for the purpose of resolution; if the matter is not thus settled, then it may proceed to arbitration. The time limits stated herein are mandatory and may be waived only in writing by the the Union and the Authority. Failure to comply with any time limit for reply to a similar infractiongrievance means that the grievance is deemed to be denied. Failure to comply with a time limit to submit a grievance at any step means that the grievance is deemed to be abandoned. For the purposes of this article, the Company may consider the employee's entire record preceding the employee's oral “working day” means any day other than Saturday, Sunday or written warning, as the case may bea paid holiday.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The There shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to this Agreement are agreed that it is Agreement, to settle promptly through the procedure set out herein, any complaints, grievances, or disputes arising the interpretation, application or administration of this Agreement. Written grievances, to be valid shall set out the nature of the utmost importance grievance, the Article or Articles of the agreement alleged to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company have been violated and the Unionnature of the remedy sought and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, no or in the case of remedy, by an Arbitration Board. In determining the time which is allowed in the various steps Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may be extended by mutual agreement in writing. Including Article If advantage of the provisions of Article and hereof is not taken within the time limits specified therein or as extended in writing as set out above, the grievance shall be presented, deemed to have been abandoned and may not be re-opened. The Employer shall designate and name the alleged circumstances of which originated or occurred, or should official to whom a written grievance is submitted as Step It is understood and agreed that an employee does not have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, until he has discussed the matter with the assistance of his ▇▇▇▇▇▇▇, refer ▇ or other supervisory personnel acting in this capacity and given him an opportunity of dealing with the on an informal basis complaint. His decision shall be made known to his immediate Supervisorsaid employee within forty-eight (48) hours. If the grievance cannot Grievances properly arising under this Agreement shall be adjusted and settled as a result of this discussion, then it may be dealt with as follows: Article continued STEP The Within ten (10) days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee, with or without a Union Representative, shall present his grievance orally or in writing to the Official of the Employer named by the Employer to handle grievances at this step. If a settlement satisfactory to the Union and employee shall a written grievance with his immediate Supervisor concerned is not reached within five (5) full working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the days, a grievance may be presented as indicated in Step at any time within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) full working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bethereafter.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances grievance as quickly as possible. Unless agreed Accordingly, where the circumstances giving rise to by both the Company and the Union, no a grievance shall be presented, the alleged circumstances of which occurred or originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior before the filing of the grievance, shall not be arbitrable unless there exits a compelling reason to its original presentation in writing at Step A grievance shall consist arbitrate. If a time limits dispute exits a tribunal consisting of: one bargaining unit employee (from an area unaffected by the grievance), one supervisor and one member of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it the clerical staff shall be handled as followspresented the facts concerning the time limits violation by both parties to the dispute. Prior The tribunal shall make a recommendation to filing a formal grievancethe General Manager or his designate and the Union Executive on the merits of the dispute, The recommendations are not binding on either party. It generally understood that an employee willhas no complaint or grievance until he, with either directly or through the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to has first given his immediate Supervisorsupervisor an opportunity to adjust the complaint. If the reply of the supervisor is not satisfactory to the employee concerned, the complaint must be stated in writing within three (3) working days following the reply of the supervisor, to the Production Manager. If the reply of the Production Manager not satisfactory to the employee concerned, the grievance cannot shall be settled as a result submitted, within three (3) working days following the reply of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with the Production Manager to the General Manager or his immediate Supervisor within designate. Within five (5) working days following receipt of a written grievance the incident giving rise General Manager and/or such other persons as may be designated by the Company, will meet with the Union Committee to discuss the complaintgrievance. The immediate Supervisor shall answer the grievance General Manager, or his designate will give his reply in writing within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt the meeting has been held. At this stage, a full-time officer of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meetingUnion may be present, if his presence is requested by either party. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant ManagerGeneral Manager not satisfactory, the dispute will be heard by the tribunal outlined in Article The tribunal will make a recommendation to both parties on a possible resolution. The Union's National Representative will be in attendance at this meetingrecommendation not binding. If the grievance issue is not settled resolved in a satisfactory manner, either party may, within five ten (510) working days it may be referred to arbitration as hereinafter provided. The Union or following the Company may initiate a grievance beginning at Step date of the Grievance ProcedureGeneral final reply, refer the grievance to arbitration. Such grievance shall be filed within five (5) working days Any of the incident giving rise to time allowances provided for the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beagreement.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of the employees shall be adjusted as quickly as possiblepossible without stoppage of work, and it is understood that an employee may present an oral complaint at any time, without recourse to the grievance procedure herein. Unless agreed to by both the Company and the Union, no A grievance shall be presenteddefined as a complaint regarding the meaning, the interpretation, application or alleged circumstances violation of which originated or occurredthis Agreement, or should in the case of an employee who has acquired seniority under this Agreement, a complaint that he has been discharged or disciplined without cause. It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. employee reasonably ought to have come known of the circumstances. The immediate supervisor shall communicate his reply to the attention complaint with two (2) working days. If such complaint is not settled to the satisfaction of the employee concerned, more than five (5) working days prior to its original presentation the complainant may file a written grievance in writing at Step A grievance the following manner and sequence. STEP The employee shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of a ▇▇▇▇▇▇▇ submit a signed, dated written statement of such grievance (on a form supplied by the Union) to the Superintendent or his designate within two (2) working days after he has received the reply of the immediate supervisor. The nature of the grievance, the Article of the Agreement that has been violated, misapplied or misinterpreted, and the relief or remedy sought shall be clearly set out in the grievance. The wording of the grievance presented at this step may be changed or amended for the purpose of clarification at any time up to and including Step but not thereafter. The Superintendent or his designate, as the case may be, will hold a meeting within three (3) working days, or such other time as may be agreed by the parties, with the and the ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If discuss the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee and shall a written grievance with deliver his immediate Supervisor decision in writing within five two (52) working days of following the incident giving rise meeting. Failing settlement, then: STEP3 Within three (3) working days following the decision under Step No. the written grievance will be forwarded to the complaint. The immediate Supervisor shall answer the grievance Resources Manager or his designate who will hold a meeting within five (5) working days, or such other time as may be agreed by the parties, with the and the grievance committee, to discuss the grievance. It is understood that a staff representative of the Union may also be present at the meeting, at the request of either party. The grievance shall specify the Article Human Resources Manager or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager his designate will give his decision in writing within five three (53) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of the meeting. It is expressly understood that an employee who has a suspension complaint or dismissal a grievance shall follow the procedures as outlined in this Article and pending the investigation and determination of the validity of such claim shall continue to perform the duties assigned to him by management (reinstatement) for a similar infractionunless he has been suspended or discharged), providing such duties do not jeopardize the Company may consider life, health or safety of the employee's entire record preceding suspension or dismissal . Disciplinary suspensions will be administered within six (reinstatement), as the case may be. In taking disciplinary action within twelve 26) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beweeks.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties that employee complaints and grievances be adjusted as quickly as possible. Unless agreed In order to by both effectively deal with alleged violations of the Company and collective agreement, such allegations will be acted upon in the Union, no grievance following manner: Step One: Employees shall first give their immediate supervisor the opportunity of adjusting their complaint. Such complaint shall be presentedin writing on a complaint form, the alleged circumstances of which originated or occurred, or should have come given to the attention of supervisor within ten (10) g days after the employee concerned, more than circumstances giving rise to the complaint have occurred. Within five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Articlereceiving the complaint, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, the supervisor will meet with the assistance of his ▇▇▇▇▇▇▇, refer employee to discuss the on an informal basis to his immediate Supervisorcomplaint. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee may beaccompanied by one union representative. The supervisor shall a written grievance with his immediate Supervisor return the form to the employee within five (5) working days of the incident giving rise meeting, with their written response. Failing settlement, it may then be forwarded to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of response. In the Plant Manager. The Union's National Representative will be in attendance at this meeting. If event the issue concerns a posting, the grievance is not settled within five (5) working days it may shall be referred to arbitration as hereinafter provideddiscussed with the Supervisor making the hiring decision. The Union or the Company may initiate a Such grievance beginning shall originate at Step of the grievance process. Step Two: If the complaint is not resolved at Step One, the Grievance Procedure. Such grievance shall be filed Chair or designate may forward a grievance, in writing, to the Director of Employee Relations or designate, within five (5) working days of the incident giving rise receipt of the response at Step One, and attach a copy of the Step One form. The written grievance, signed by the aggrieved employee union representative must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement, which are alleged to have been violated. The parties agree that the carriage of the grievance remains with the Union. A meeting will be held within fifteen (1 5) working days from the date of receipt of the grievance at Step Two. The meeting will include the appropriate management and union representatives. A decision shall be delivered, in writing, to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage Chairperson of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. HoweverCommittee, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date on which the meeting was held. The Region may, at its discretion to consider a complaint or a grievance filed directly at Step or having considered it, refuse to agree to the arbitration of any matter, the alleged of which more ten (10) days prior to the filing of a suspension or dismissal (reinstatement) for complaint a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.grievance in

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or and application of any Article, Schedule or Clause clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion in the treatment of employees by supervision, contrary to the terms of the Agreement. Should If any question arises as to whether a particular dispute is or is not a grievance arise it within the meaning of these provisions, the question may be taken up through the grievance procedure and determined, if necessary, by arbitration. There shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ effort on the part of both parties to settle such grievance promptly, through the following steps: By a conference between the aggrieved employee and shall answer the Branch Manager or his designate. Failing settlement, the grievance must be submitted in writing within five seven (57) working calendar days from the date the alleged violation of the Agreement or from the date the alleged violation became known to the but, in no case, more than thirty (30) days. The seven (7) days and thirty (30) days limitation provided above shall not deprive an employee or the Union of the right to register a retroactive claim for Health and Welfare or premiums where such premiums or contributions have not been paid in line with the provisions of this Agreement. Nor, shall the limitation apply to laid-off employees claiming that they have not been recalled in line with the provisions of Article The shall be accompanied by a Union ▇▇▇▇▇▇▇ and, if deemed necessary by the Union, he shall also be accompanied by a Business Representative of the Union. Failing settlement at the above step, the Branch Manager will render his decision in writing and shall refer the grievance to and arrange a meeting between the Union and the General Manager or his designate within seven (7) days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss date that the grievance within five (5) working days of receipt was registered in writing. This meeting shall be held in the locale of the reply of the Plant Managerterminal involved unless otherwise agreed. The Union's National Representative will be in attendance at this meeting. If General Manager or his designate shall render his decision within seven (7) days from the date the grievance is not settled within five (5) working days it may be was referred to arbitration as hereinafter providedhim. The In the event the Union or the Company may initiate has a grievance beginning at Step grievance, it shall be the responsibility of the Grievance Procedure. Such grievance shall be filed to advise the other party in writing within five seven (57) working calendar days of the incident giving rise alleged violation of the Agreement and, by such notification, arrange a meeting within fourteen (14) calendar days between the General Manager or his designate and a duly accredited Principal Officer of the Local union or his designate. Should the fail to reach a satisfactory settlement, the complaint and be in the form prescribed in Step Any such grievance may be referred submitted to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute single impartial Arbitrator, writing within seventy-two (72) hours (Saturdays, Sundays and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within general holidays excluded) from the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from Should the date of a suspension or dismissal (reinstatement) for a similar infractionparties fail to reach satisfactory settlement in the preceding steps, the Company final settlement of the grievance may consider the employee's entire record preceding suspension or dismissal (reinstatement)be submitted to a single impartial Arbitrator, as outlined below. It shall be the case may be. In taking disciplinary action within twelve 2) months from responsibility of the date of an oral or written warning for a similar infraction, party desiring arbitration to so inform the Company may consider other party in writing in the employee's entire record preceding the employee's oral or written warning, as the case may be.case

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is In the event a grievance arises on a vessel of the utmost importance Company as to adjust complaints and grievances as quickly as possiblethe interpretation or application of or compliance with the provisions of this agreement, including without limiting the generality of the foregoing, a grievance in respect of wages, hours of work. Unless agreed to by both the Company or conditionsof employment of any Officer,there shall be no interruption or impeding of work, and the Unionpatties shall endeavour to settle the grievance in the following manner: who believes he has a grievance must discuss that grievance with the Manager, and if no satisfactory solution is achieved, he must submit that grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come in writing to the attention Manager of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor vessel within five (5) working days of the incident giving rise its alleged occurrence. The Manager must reply to the complaint. The immediate Supervisor shall answer the written grievance within five (5) working daysdays of its receipt. no settlement is reached in Step One, the Guild representativeacting on the behalf must, within fourteen (14) days from the date the Manager replied under Step One, meet with a Company representative in order to discuss the grievance, and if possible, to achieve a settlement. The grievance shall specify Company representativeshall render decision in writing. no settlement is reached in Step Two, either party must indicate its intention to proceed to arbitration by notifying the Article or Articles and subsections other party by registered mail with seven (7) days of receipt of the Agreement decision in Step Two. In the event any difference arising between the Company and the Guild as to the interpretation, alleged violation or application of which or compliance with this or as to any grievance or dispute arising out of the operation of section of this agreement the difference may be submitted to arbitration pursuant to the terms of this section. of any difference arising under sub-section shall be submitted to a violation is alleged, indicate the relief sought and be signed jointly selected by the employeeUnion and Company. STEP Should This selection shall be made within ten days after the employee request for arbitration has been made by either party to this agreement. Inthe event that the fail within the said ten (10) day period to agree upon the selection of an arbitrator an Arbitration Board shall be dissatisfied with formed consisting of three (3) members: the disposition Company and the Union each selecting one man and these two shall select a third party who shall act as a Either party shall appoint its nominee not later than five (5) days after receipt of written notice of the grievance at Step other party's nomination. In the grievance may event of a failure of the two (2) men selected by the respective parties to select a third party as provided above, they ask the Minister of Labour for Canada to select and designate the third party. Inthe event the selected arbitrator is unable to serve by reason of death, incapacity or or for other reason, his replacement shall be referred appointed in the same manner as is provided herein for the appointment of the first arbitrator. A statement of the dispute or question to be arbitrated shall be submitted by the grieving party to the Plant Manager arbitrator within five (5) working days after receipt of his appointment. arbitrator shall convene the partieswithin ten (10) days following his appointment unless a delay is agreed to by the parties, and the arbitrator shall render his decision as soon thereafter as possible. The decision of the immediate Supervisor's reply at Step arbitrator shall be limited to the dispute or question contained in the statement or statements submitted to him. The Plant Manager decision of the arbitrator shall convene a meeting with not change, add to, vary or disregard any conditions of this agreement. The decisions of the arbitrator which are made the authority of this Arbitration shall be final and Chief ▇▇▇▇▇▇▇ binding upon the Company, the Guild and all persons concerned. Each party to this agreement shall pay all expenses, fees and costs, of the members of the Arbitration Board selected by it or by the Minister of Labour and shall answer share equally in the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee expenses, fees and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt costs, of the reply third member of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beBoard.

Appears in 1 contract

Sources: Amendment Agreement

ARTICLE GRIEVANCE PROCEDURE. The For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to this Agreement are agreed that it is the interpretation, application, administration or alleged violation of the utmost importance Agreement including any question as to adjust whether a matter is arbitrable. It is the mutual desire of the parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. If an employee has a complaint, such complaint shall be presented, discussed with his immediate supervisor within three (3) working days after the alleged circumstances of which giving rise to the complaint have originated or occurred, or should have come . If the immediate supervisor is unable to the attention of the employee concerned, more than five adjust a complaint to their mutual satisfaction within three (53) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an the employee will, may proceed with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor procedure within five (5) working days following the decision of the incident giving rise immediate supervisor. The Union must submit a written grievance signed and dated by the employee to his immediate supervisor. The nature of the complaintgrievance, the remedy sought, and the section or sections of the Agreement, which are alleged to have been violated must be set out in the grievance. The immediate Supervisor shall answer the grievance supervisor will deliver his decision in writing within five three (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (53) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with grievance in writing. Failing settlement the and Chief ▇▇▇▇▇▇▇ and shall answer next step of the grievance in writing within five procedure may be taken. Within three (53) working days of such meetingfollowing the decision under Step No. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet must submit the written grievance to discuss the grievance within five (5) working days of receipt of the reply of the Plant ManagerManager (or his designate). The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five Within three (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (53) working days of the incident giving rise to receipt of the complaint and be in grievance by the form prescribed in Step Any such grievance may be referred to arbitration under Article by either Employer, (or the Union in the case of a Union grievance or policy grievance), a meeting shall be held to discuss the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and be present at this meeting if requested by either party except in the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude event of a group grievance where one of the who has signed the grievance form will be selected by the Union as a group representative of employees commencing all signatories to the grievance. Alternatively, the Chairperson may represent the group. A decision in writing shall be delivered by the party receiving the grievance within three (3) working days after the meeting at which the grievance was discussed. Failing settlement, either party may submit the matter to arbitration within thirty (30) working days after the reply at Step Any complaint or No. is given. If no written request for arbitration is received within such thirty (30) working day period, the grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have have,been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement are agreed or concerning the interpretation, application or alleged violation of this Agreement. Any employee believing that it is he has been unjustly dealt with, or that the provisions of this Agreement have not been complied with, shall have the utmost importance right to adjust complaints and place such grievances as quickly as possible. Unless agreed to by both in the Company and hands of the Union, no grievance for review and adjustment by the Employer if necessary. Such grievances shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five processed as follows: Within seven (57) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with after the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident event giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is allegedoccurs, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance with the employee’s supervisor. The supervisor shall give an oral answer to the grievance within five four (54) working days of receipt of the reply of the Plant Managerdays. I settlement: The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed reduced to writing and discussed between the Union Representative and the Section Manager. This discussion shall be held within five seven (57) working days of the incident giving rise decisions at Step The Section Manager will give an answer in writing to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five four (54) working days of the discharge or suspensionmeeting. In taking disciplinary action The grievance shall be reduced to writing and forwarded to the Site Manager of the Employer within twenty-four one (241) months week of the decision at Step which shall have one (1) week to dispose of the grievance. The decision shall be in writing and sent to the offices of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested person. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as meeting. In the case of a discharge, a grievance may bebe filed by an employee who feels he was unjustly dealt with. In taking disciplinary action Such a grievance must be filed within twelve 2four (4) months working days from the date of an oral or written warning dismissal and shall commence at Step In any subsequent disposal of this case during the grievance procedure, the Employer may reinstate the employee with full back pay, suspend the employee for a similar infractiondefinite period, or sustain the Company discharge, if mutually agreed to by the parties to this Agreement. Grievances concerning rates shall commence at Step of the grievance procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retroactivity thereto. The Employer or the Union may consider file policy grievances commencing at Step or Step The time limits as prescribed above may be modified by mutual agreement of the employee's entire record preceding the employee's oral or written warning, as the case may beparties.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no A Management or Union grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention defined as any difference arising out of the employee concernedinterpretation, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist application, administration or alleged violation of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this the Collective Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his An ▇▇▇▇▇▇▇, refer ▇ effort shall be made to settle all grievances fairly and promptly in accordance with the on an informal basis following procedures: The aggrieved will submit the grievance to his immediate SupervisorUnion Representative. If the Union Representative in consultation with the Grievance Committee considers the grievance canto be justified, he shall first seek to settle the dispute orally with the employee's appropriate non-union Supervisor. The non-union Supervisor shall not consider a grievance where the circumstances giving rise to it occurred or originated more than seven (7) full working days before the non-union Supervisor's receipt of the grievance. The non-union Supervisor will render a decision within seven (7) full working days after hearing the grievance. At each step of the grievance procedure, where a meeting is required, the if he so chooses, shall be entitled to be present along with his Union Representative. Failing satisfactory settlement at Step No. the Union Representative will submit to the Manager or designate within seven (7) full working days following the Step decision, a written statement of the particulars of the grievance and the redress sought. The Manager or his designate shall render his decision seven (7) full working days after hearing the grievance. At the Manager's discretion, a meeting may or may not be settled as a result of this discussionrequired with the and the Union Representative. Failing satisfactory settlement at Step No. up to two (2) Union Representatives, then it may be dealt with as follows: STEP The employee per grievance, shall a written grievance with his immediate Supervisor within five (5) working days following the Step decision submit the grievance to the City Manager or his designate. The City Manager or designate will render his decision within ten working days following the hearing of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.A meeting will

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to I A grievance as defined by this Agreement are agreed that it is limited to a complaint which involves the interpretation, application or alleged violation of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both a provision of this Agreement or a policy practice which the Company and the Union, has using or practicing. I There shall be no suspensionsor interruption of work because of any grievance. The settlement of a grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation handled in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, accordance with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as followsfollowing procedure: STEP The employee shall a written grievance with his immediate Supervisor within Within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer occurrence thereof, the grievance within five (5) working daysshall be discussed in a meeting between the affected employee and immediate supervisor. The grievance shall specify Elected Union Representative may or not be involved in this discussion at the Article or Articles and subsections option of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied supervisor involved shall give oral answer with the disposition of respect to the grievance not later than one (1) working day following said discussion, If grievance is not settled at step, then: Step Within three (3) working days following receipt of oral answer provided in Step I, the grievance may shall be referred put in writing, dated, signed by-the employeewhenever possible approved by the Elected Union Representative and presented to the Plant Manager or designate. The Plant Manager or designate shall within five three (53) working days after following receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting written grievance meet with the and Chief ▇▇▇▇▇▇▇ and employee the Elected Union in an attempt to settle the matter. If settlement is reached, the matter shall answer be consideredclosed. If the grievance in writing is not settled, a written and signed decision setting forth the Employer's position, and the reason therefore. shall submitted by the Plant Manager, or designate, to the Elected Union Representative within five two (52) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this following said meeting. If the grievance is not settled within at this step, then: Step Within five (5) working days following receipt of written decision provided in Step Local President or designate of the Union and the Plant Manager or designate shall meet at a mutually convenient time and place and attempt to settle the grievance. If settlement is reached, it shall be put in writing and signed by both parties. In the event that no settlement is reached at Step then the grievance may be referred submitted to arbitration as hereinafter providedin accordance with Article of this Agreement. The Union or If the Company may initiate has a grievance beginning grievance, it shall be taken up at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance canis not be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor adjusted by the within five (5) working days of the incident giving rise calendar days, it will be reduced to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles writing and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should employee involved and one (1) copy will be lodged by the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred Grievance Committee to the Plant Manager within five three (53) working days after receipt of thereafter. Manager will give his decision writing to the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five employee or to such Grievance Committee not later than three (53) working days of such meeting. STEP If no settlement is reached at Step following the presentation to the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt Manager of the reply of the Plant Managerwritten grievance. The Union's National Representative will Manager Human Resources or his designate may be in attendance at this meetingany meetings relevant to the said grievance at the request of either party. If the grievance is not settled adjusted by the Manager, then the next and final step will be to the Chief Administrative Officer or his Designate, who has not been previously involved the grievance, and an appeal may be lodged by the Grievance Committee to the Chief Administrative Officer or his Designate within five (5) working days it may be referred thereafter. The Chief Officer or his Designate will give his decision in writing to the employee or to such Grievance Committee not later than ten (10) days following the presentation to the Chief Administrative Officer or his the written grievance. Should the Union desire to take advantage of the procedure provided for in this Agreement for the settlement of grievances, each step such procedure up to and including the reference of the matter to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall will be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article taken by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be, within the time prescribed herein or the grievance will be deemed to have been finally abandoned. In taking disciplinary action Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation made that this Agreement has been violated, either of the parties may, within twelve 2thirty (30) months from working days after exhausting the date grievance procedure established by this agreement, notify the other party, in writing, of an oral its desire to submit the difference or written warning allegation to a single Arbitrator accordance with the Ontario Labour Relations Act. The Arbitrator will hear and determine the difference or allegation and will issue a decision and the decision will be final and binding upon the parties and upon any employee affected by it. The Union and the Corporation will each be responsible for a similar infractionone-half of the expenses of and the fees payable to the Arbitrator and no costs of any arbitration will be awarded to or against either party. Thirty (30) working days exclude Saturdays, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beSundays and Statutory Holidays.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust Authority and the Union that the complaints and grievances of employees shall be adjusted as quickly as possible, and it is understood that an employee has no griev- ance until he has first given to his immediate supervisor an opportunity to adjust his complaint. Unless agreed In discussing his com- the employee may be accompanied by his ▇▇▇▇▇▇▇ if he so wishes. Should the Authority require an employee to come to the Authority's office to be interviewed, the employee shall be notified of the subject or subjects to be discussed order that he may be accompaniedby a Shop ▇▇▇▇▇▇▇, if he wishes. Dismissal or Suspension If an appeal is to be made in the case of dismissal or suspension, the appeal must be reduced to writing in triplicate on forms provided by the Union and approved by the Authority, signed by the employee involved and lodged with the Authority's President through the Union's representative three (3) working days of such dismissal or suspension. The President or his designee shall forthwith confer with the Business Agent or his representative. The Authority's President shall render a decision in writing not later than the third (3rd) day thereafter. In the event that the decision of the Authority's President or his designee is not acceptable, the Union may by notice in writing addressed to the Authority, within twenty (20) working days of the President's decision, request that the decision be taken to Arbitration. Within five (5) working days thereafter, both parties shall designate an Arbitrator. The TWO (2) Arbitrators so designated shall within FIVE (5) working days select a THIRD person who shall be the Company Chairman. If they are unable to upon a Chairman within the time limit, the Minister of of Ontario shall designate a Chairman. Whatever the decision of the Arbitration Board, it shall be and binding on both parties. Should any misunderstanding or controversy arise between the Authority and the Union as to the compliance of either party with any of its obligations hereunder, or should there be any grievance involving the terms of this Agreement by any employee or group of employees, or the Union, the same shall be handled in the following manner, provided how- ever, that no grievance shall be presentedconsidered, the alleged circumstances circum- stances of which originated or occurred, or should have come to the attention of the employee concerned, occurred more than five FIVE (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied accordance with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.procedure set out herein:

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purposes mentioned in this Agreement are agreed that it is article, the Chief ▇▇▇▇▇▇▇ or the Deputy Chief ▇▇▇▇▇▇▇ may perform the functions of the utmost importance to adjust complaints and grievances as quickly as possibleChief ▇▇▇▇▇▇▇. Unless agreed to by both the Company and the Union, no The alleged grievance shall be presentedpresented to the appropriate immediate supervisor in writing on a form provided by the Union and acceptable to the University. Such form shall include: the nature of the grievance, the remedy sought, and, the paragraph or paragraphs of this Agreement alleged circumstances to have been violated. The employee shall be assisted in the presentation of which originated or occurredthe grievance by the Union ▇▇▇▇▇▇▇ of the employee's choice. Failing a settlement, or should have come the supervisor shall deliver the decision in writing to the attention of employee and the employee concerned, more than Union within five (5) working days prior to its original following the presentation in writing of the grievance. Step If not settled at Step A the written grievance may be submitted by the to the Department Head or a nominee within five (5) days of the decision in Step The Department Head or a nominee shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, meet with the assistance of his Chief ▇▇▇▇▇▇▇ and/or the ▇▇▇▇▇▇▇, refer or with the on an informal basis to his immediate Supervisor. If the grievance cannot be settled Grievance (as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor established in Article 20.02) within five (5) working days following the presentation of the incident giving rise grievance. The Department Head shall deliver the decision writing to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days following the presentation of such meetingthe grievance. STEP If no settlement is reached not then settled at Step the written grievance may be submitted by the and the Chief ▇▇▇▇▇▇▇ to the Assistant Vice-president, Human Resources or designate within five (5) days after the decision in Step The Assistant Vice-president, Human Resources, or designate, shall meet with the grievance committee, hereinafter constituted within fifteen (15) days following the presentation of the grievance. There may be present a representative of the Union if requested by either party and such others as the Assistant Vice-President, Human Resources, or designate, considers necessary. The Assistant Vice-president, Human Resources, or designate, shall render a decision in writing to the chairperson of the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of following the reply of the Plant Manager. The Union's National Representative will be in attendance at this above meeting. If the grievance Union Grievance Committee is not settled satisfied with the decision at Step it may, within five (5) working fifteen days it may of such decision, demand in writing that the matter be referred taken to arbitration as hereinafter provided. in accordance with the procedure set out hereunder The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be time limits mentioned in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where both the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any and complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure procedure may be extended by mutual agreement in writing between the Company Union and the Unionappropriate University official and must be confirmed in writing. An employee who Where no such agreement has been discharged made or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of where an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.agreed extension has expired:

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Should a dispute arise between the Employer and any regarding the interpretation, meaning, operation, or application of the agreement including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement are agreed that it is has been violated, an ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in the following manner: All grievances shall be submitted to the employee’s supervisor within fifteen (15) working days of an alleged incident or within fifteen (15) working days of the utmost importance employee’s knowledge of an alleged incident. ▇▇▇▇▇ ▇▇▇▇ School Division EducationalAssistants Page of Failing satisfactory settlement within ten 0) working days after the grievance was submitted under Step I, the concerned, together with the Union Representative, will submit to adjust complaints the a written statement of the particulars of the complaint and grievances as quickly as possiblethe redress sought. Unless agreed The Superintendent/ Designate shall render a written decision within fifteen (15) working days after receipt of such notice. Failing satisfactory settlement being reached in Step the Union shall, within ten (10) working days, submit the grievance to by both the Company and Board of Trustees. Upon request of the Union, no grievance a hearing shall be presented, the alleged circumstances granted. The Board of which originated or occurred, or should have come to the attention of the employee concerned, more than five Trustees shall render a written decision within fifteen (515) working days prior to its original presentation following the next regularly scheduled Board meeting or within fifteen (15) working days of a hearing, if one is held. Failing satisfactory settlement being reached in writing Step the Union may, within ten working days of receipt of the decision at Step A give written notice to the Superintendent’s Department of its intention to refer the grievance shall consist to arbitration. In the case of discharge or suspension, Step I of the grievance procedure may be Where a dispute concerning involving a question of general application or interpretation and/or application occurs, or where a group of any Article, Schedule or Clause in this Agreement. Should employees has a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with Step I of this article may be Time limits fixed in the assistance grievance procedure may be extended by the written consent of his both parties. At any step of the grievance procedure the shall have the right to a representative from the Canadian Union of Public Employees and/or a representative from the local and/or a Union ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Any meetings held within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance hours shall be filed within five (5) working days without loss of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beremuneration.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is the mutual desire of the parties to this Agreement are agreed that it is a grievance of the utmost importance to adjust complaints and grievances an employee be resolved as quickly promptly as possible. Unless agreed to by both the Company and the Union, no No grievance shall be presented, considered which usurps the alleged circumstances function of which originated or occurred, or should have come to management. For the attention purpose of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any this Article, Schedule "working days" shall not include Saturdays, Sundays or Clause in this AgreementPaid Holidays. Should a grievance arise it shall Any processed within the said time limits will be handled as follows. Prior deemed to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complainthave been abandoned. The immediate Supervisor shall answer the grievance within five (5) working daystime limits contained herein are deemed to be mandatory. Time limits may only be extended by mutual agreement and such extension must be in writing. The grievance shall form must specify the Article nature of the grievance, the remedy sought and the specific provisions of the Collective Agreement alleged to have been violated. It is understood that an employee has no grievance until has first discussed the issue with immediateSupervisor and given the Supervisoran opportunity to resolve the issue. If no settlement can be reached then a grievance arising under the Agreement relating to the interpretation, application or Articles and subsections alleged violation of the Agreement of which a violation is alleged, indicate the relief sought and must then be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance submitted in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step after the the Union Grievance Committee and representatives of Management shall meet circumstances giving rise to discuss the grievance occurred or originated. The grievance must be processed and dealt with in accordance with the terms and provisions set forth in this Article. The employee may, if wishes, be accompanied by ▇▇▇▇▇▇▇ at any stage of this grievance procedure. It is understood that it is the employee’s responsibilityto arrange for the ▇▇▇▇▇▇▇ to be present. Failingsettlementthen within five (5) working days of receipt of following the reply of decision under Step I,the Plant Manageremployee must submit the written grievance to the Director. The Union's National Representative Director will meet with the and review the grievance. A decision in writing will be in attendance at this meeting. If the grievance is not settled rendered within five (5) working days it may be referred from the date on which the grievance meeting was convened. Failing settlement, then; Within five (5) working days following the decision under Step the employee must submit the written grievance to arbitration as hereinafter providedthe Executive Director or designate. The Executive Director or designate will meet with the and review the grievance. A representativeof the Union or the Company may initiate a grievance beginning at Step of the Grievance Procedureattend this meeting if requestedto do so by either party. Such grievance shall A decision in writing will be filed rendered within five (5) working days from the date on which the grievance meeting was convened. In the event the decision of the incident giving rise Executive Director is not satisfactoryto the the may refer the matter to Arbitration in accordance with the complaint and be in provisions of this Agreement. If no written request for Arbitration is received within ten (10) working days from the form prescribed in Step Any such grievance may be referred to arbitration date of the decision under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where this Step, then the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been droppedbe settled. HoweverIf it is necessaryfor a Union ▇▇▇▇▇▇▇ to assist an employee with the presentationof a grievance, time limits specified in shall not leave work without first obtaining the Grievance Procedure may be extended by mutual agreement in writing permission of Supervisor. It is agreed that a grievance arising directly between the Company Employer and the Union. An Union (a policy grievance) or a grievance claiming the unjust discharge of an employee who has been discharged or suspended may file a written grievance at completed probationary period must be originated under Step above within five (5) working days after the circumstances giving rise to the grievance occurred or originated and the time limit set out with respect to Step shall apply. However, it is understoodthat a policy grievance may not be used with respect to a complaint or grievance directly affectingan employee and that the regular grievance procedure shall not be by-passed. Probationary employees may not access the grievance procedure if discharged during probationary period. All agreements reached under the grievance procedure between the representativesof the Employer and the representativesof the Union, shall be final and binding upon the Employer, the Union and the employees. Notwithstandingthe foregoing, the parties may agree to waive or extend any of the time limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the parties. An employee subject to suspension or discharge shall have the right, if so requeststo the presence of the Union ▇▇▇▇▇▇▇ when such discipline is assessed. It is the responsibility of the employee to arrange for the ▇▇▇▇▇▇▇ to be present if so desires. Either party with the agreement of the other party may submit a grievance to grievance Mediationat any time after the Employer’s decision has been rendered at the step prior to Arbitration. Where the matter is so referredthe mediation process shall take place before the matter is referred to Arbitration. Failing settlement under the foregoing grievance procedure of any grievance between the parties arising from the interpretation, application, or suspensionalleged violation of this Agreement, including any question as to whether the grievance is arbitrable, the grievance may be submitted to Arbitration as set forth below. In taking disciplinary action within twenty-four (24If no written request for Arbitration is receivedwithin ten 0) months working days from the date of a suspension or dismissal (reinstatement) for a similar infractionthe decision under Step above, the Company may consider grievance shall be deemed to have been settled. When either party requests that a grievance be submitted to Arbitration as hereinbefore provided, it shall make such request in writing addressed to the employee's entire record preceding suspension or dismissal other party and at the same time nominate a member to the Board of Arbitration. Within ten working days thereafter, the other party shall nominate a member to the Board of Arbitration and notify the other party. The two (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months nominees so appointed shall confer immediately and shall attempt to select by agreement a Chairman for the Board of Arbitration within ten (10) working days from the date such other party has nominated its nominee. If they are unable to agree upon a Chairman, they shall then request the Minister of an oral Labour for the Province of Ontario to appoint a Chairman. No person may be appointed as a nominee who has been involved in any attempt to negotiate or settle the grievance. The Arbitration Board shall not have the jurisdiction to amend or add to any of the provisionsof this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the provisions of this Agreement. No matter shall be dealt with at Arbitration that has not been properly carried through all the previous steps of the grievance procedure. The written warning for a similar infractiondecision of the majority of the Board of Arbitration shall be final and binding upon the Employer, the Company Union and the employees. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the Chairman of the Arbitration Board. The parties may consider agree to extend or waive any of the employee's entire record preceding time limits prescribed in this Article. However, any such agreement shall be expressed in writing and acknowledged by the employee's oral or parties. The Employer and the Union may by written warning, agreement in respect to any specific grievance substitute a named umpire for the Board of Arbitration providedfor herein and the Umpire shall possess the same powers and be subject to the same limits as the case may beBoard of Arbitration.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to It is the intent of this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possiblepossible any complaints or differences between the parties arising from the interpretation, application, administration or alleged contravention of this Agreement, including any question as to whether a matter is arbitrable. Unless agreed to by both STAGE ONE It is the Company mutual desire of the parties that complaints of employees be adjusted as quickly as possible and the Union, no grievance shall be presentedit is understood that if an employee has a complaint, the alleged employee shall meet, where practical, and discuss it with the employee's immediate supervisor within thirty (30) days after the circumstances of which originated giving rise to the complaint have occurred or occurred, have come or should ought reasonably to have come to the attention of the employee concernedin order to give the immediate supervisor an opportunity of adjusting the complaint. If any complaint or difference is not satisfactorily settled by the supervisor within seven (7) days of the discussion meeting, more than five it may be processed within an additional ten (510) working days prior to its original presentation in writing at Step A grievance shall consist of the following manner: STAGE TWO If the complaint or difference is not resolved under Stage One, the employee may file a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee willin writing, through the Union, with the assistance senior human resources representative in the ministry or his or her designee. The senior human resources representative or his or her designee shall hold a meeting with the employee within fifteen (15) days of the receipt of the grievance and shall give the his or her decision in writing within seven (7) days of the meeting with a copy to the Union ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the is not satisfied with the decision of the senior human resources representative or his or her designee or if he or she does not receive the decision within the specified time, the may apply, through the Union, to the Grievance Settlement Board for a hearing of the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five fifteen (515) working days of the incident giving rise to date he or she received the complaintdecision or within fifteen (15) days of the specified time limit for receiving the decision. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article employee, at his or Articles her option, may be accompanied and subsections of the Agreement of which represented by a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition Union representative at Stage Two of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Unionprocedure. An employee who has been discharged is a or suspended may file complainant and who makes application, through the Union, for a written grievance at Step within five (5) working days hearing before the or the Ontario Labour Relations Board shall be allowed leave of absence with no loss of pay and with no loss of credits, if required to be in attendance by the Board or Tribunal. Article shall also apply to or mediation under auspices of the discharge or suspensionAn employee who has a grievance and is required to attend meetings at Stage One and Two of the grievance procedure shall be given time off with no loss of pay and with no loss of credits to attend such meetings. In taking disciplinary action within twenty-four shall also to to represent the The Union shall advise the senior human resources representative of the affected ministries with copies to the Director, Corporate Labour Secretariat, of the Union Stewards together with the areas they are authorized to represent, which list shall be updated at least every six (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be6)months.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints Complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor in the following manner and all grievances must be in writing and recorded within five (5) working days of the incident giving rise discovery of the alleged grievance: The employee or the ▇▇▇▇▇▇▇ shall first raise the complaint verbally with the Immediate Supervisor; and will have two (2) days to reply. Failing settlement within two (2) days following the complaintverbal decision, the accompanied by the ▇▇▇▇▇▇▇ may take the matter up in written form with the Manager of and will have three (3) days to reply. Within two (2) working days following the decision in Step the employee accompanied by the Grievance Committee may take the matter up with the Regional Superintendent of Failing settlement within three (3) working days, then; Within fourteen (14) days following the decision in Step the Union Grievance Committee may request that the Regional Superintendent of Schools convene a meeting of the Board’s Grievance This Committee shall meet to hear the Union’s grievance within ten (10) days of receipt of the Union’s request for the meeting. An Officer of the Union may be present at the Board’s Grievance Committee meeting. The immediate Supervisor Board shall answer the grievance render its decisions within five thirty (530) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance Failing settlement at Step the grievance Union may within seven (7) additional working days following the Board’s response refer the matter to Arbitration by giving written notice within seven (7) additional working days as hereinafter provided. Replies to grievances shall be referred in writing at all stages. The Board shall supply the necessary facilities for Grievance Meetings. It is understood that the Union representative will be paid for their regular but will not be paid overtime while meeting to resolve grievances. At Step the Union Vice-Presidenuor designate living closest to the Plant Manager within five (5) working days after receipt of and the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting will meet with the and Chief Regional Superintendent or his designate. At Step the Union President, Vice-president, ▇▇▇▇▇▇▇ and shall answer will meet with Board’s Grievance Committee. Note: Employees attending grievance meetings that are in excess of four (4) hours, including travel time to and meetings, will not be required to work their regular shift that day. The employee will be paid for their regular shift but will not be paid overtime. It is understood that the grievance meeting in writing within five (5) working days of such meetingStep will be held in the predecessor board office location closest to the If the Board decides to move the meeting to another location, the Board will pay the mileage for the and Union Vice-president in one car. STEP If no settlement is reached at Step the The Board will pay mileage for the Union Grievance Committee to attend meetings as outlined in Steps and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beaccordance with board practice.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance There shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief one Shop ▇▇▇▇▇▇▇ recognized in each of the following areas to assist employees in presenting complaints or grievances: Main Office, Packaging Office, Quality Control. In the event a ▇▇▇▇▇▇▇ is absent a designated member of the Executive may act. The Union will advise the Company of three (3) regular employees selected as members of a grievance committee, and this committee shall answer act regarding the grievance interpretation or a violation of this Agreement. Should a dispute arise between the Company and any employee or group of employees regarding the interpretation or violation of this Agreement, an ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in writing the following manner: The concerned in person, with or without a ▇▇▇▇▇▇▇ in attendance, shall first seek to settle the dispute with his immediate supervisor. Failing a satisfactory settlement within five seven (57) working calendar days of such meeting. STEP If no settlement is reached by the supervisor after the dispute was submitted at Step the the Union Grievance Committee and representatives concerned in person, with a member of Management shall meet to discuss the grievance committee, may submit the dispute which shall contain all pertinent details in writing to the Department Head. A grievance presented after the aforementioned time limit shall not be arbitrable. Failing a satisfactory settlement within five seven (57) working calendar days of receipt by the department head after the dispute was submitted under Step the grievance committee may submit the dispute to the Personnel Manager of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter providedCompany. The Union or the Company may initiate a shall have the right to refer any dispute regarding the interpretation or violation of this Agreement to the Company or the Union as Step where: The grievance beginning at Step involves Union or Company policy, in which case the possible of identification shall be named on the face of the Grievance Proceduregrievance form. Such grievance Failing a satisfactory settlement within seven (7) calendar days after the dispute was submitted under Step the Union or the Company may within thirty (30) calendar days from the date the decision was made, or should have been made, refer the dispute to a single arbitrator satisfactory to both parties. The issue to be arbitrated shall be filed within the written statement of the grievance and the answers of the various management officials who have previously dealt with the matter. In the event agreement to an arbitrator cannot be reached, either party may apply to the Ontario Labour Management Arbitration Commission for a list of five (5) prospective arbitrators to be forwarded to each of the parties. Upon receiving the list, the parties have up to ten working days to accept an arbitrator from the list. If the acceptable person is unable to act and agreement cannot be reached on any of the incident remaining names on the list, the Registrar of the Commission will name an arbitrator different from those on the list and will be accepted by both parties. The decision of the arbitrator in respect of an interpretation or alleged violation of this Agreement, shall be final and binding upon the parties, but in no event shall have the power to alter, modify or amend this Agreement in any respect. The parties shall bear in equal shares the expense of the arbitrator. If a dispute is not submitted under Step I within seven calendar days after the occurrence of the act or when it became apparent, or decision giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance dispute, or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through advanced to the next stage of stages under Steps and within seven (7) calendar days or is not advanced to Step from Step within seven calendar days after a decision was made or should have been made, then the Grievance or Arbitration Procedure within the time specified dispute shall be deemed to have been droppedbe abandoned and all rights or recourse to the dispute procedure shall be at an end. HoweverIn respect to grievances covering discharge, Step I and shall be omitted and the grievance shall be dealt with starting at the 3rd Step. Notwithstanding the foregoing, upon the mutual agreement of both parties, the time limits specified factor referred in the Grievance Procedure Steps or may be extended by mutual agreement in writing between increased. In all cases while disputes are being investigated and settled, the Company employee and the Union. An all other parties involved, except an employee who serving a disciplinary suspension, must continue to work, but where an employee has been discharged or suspended may file a written grievance at Step within five (5) working days by the Company, shall not remain in the employ of the discharge or suspensionCompany while case is being investigated and settled. In taking the imposition of discipline, prior disciplinary action within twenty-four (24) months from the date of a suspension written warnings or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within reprimands will not be referred to after twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.months; prior suspensions will not be referred to after thirty (30) months. ARTICLE ADEQUATE MANPOWER

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is Employer and the Union recognize the desirability of the utmost importance to adjust prompt settlement of complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances disputes which may arise out of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in administrationof this Agreement. Should a grievance arise it shall The parties also recognize that many complaints can be handled as followseffectively settled through informal discussion and mutual understanding. Prior to filing a formal grievanceFor these reasons, both parties agree that when an employee willhas a complaint, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee will be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet encouraged to discuss the grievance within five (5) working days of receipt of matter with the reply of employee's Supervisoras soon as possible after the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident circumstances giving rise to the complaint and be in occurs so that a dispute requiring reference to the form prescribed in Step Any such grievance procedure may be referred avoided wherever possible. Where an employee feels to arbitration be aggrieved by the interpretationor application in respect of the employee of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any of the provisions of this Agreement by the Employer, or, as a result of any occurrence or matter affecting the employee's terms and conditions of employment in respect of which no administrativeprocedure for redress is provided in or under Article by either an Act of the Legislative Assembly of New Brunswick, and, where the employee has written consent of the Union in respecting any grievance relating to the case interpretation or application of a Union grievance or this Agreement, the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure following procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five apply: STEP ONE: Within twenty (520) working days after the alleged grievancehas arisen or the employee became aware of the discharge grievance, the employee may present the employee's grievance in writing either by personal service or suspensionby mailing by registered mail, on the form authorized by the Labour and Employment Board to the employee's immediate supervisor or the person designated by the Employer as the first level in the grievanceprocedure. In taking disciplinary action the employee receives no reply or does not receive satisfactorysettlement within twenty-four ten (2410) months working days from the date of a suspension or dismissal (reinstatement) for a similar infraction, on which the Company may consider employee presented the employee's entire record preceding suspension grievance to the employee's immediate supervisor or dismissal (reinstatement), to the person designated as the case first level in the grievance procedure, the employee may beproceed to Step Two. In taking disciplinary action STEP TWO: Within ten (10) working days from the expiration of the ten (10) day period referred to in Step One, the employee may present the employee's grievance in writing at the second level of the grievanceprocess either by personal service or by mailing by registered mail, to the employee's immediate supervisor or to the person designated by the Employer as the second level in the grievance procedure. If the employee does not receive a reply or satisfactory settlement of the employee's grievance from the person designated by the Employer as the second level in the grievance process within twelve 2ten (10) months working days from the date of an oral or written warning for a similar infraction, on which the Company may consider employee presented the employee's entire record preceding grievance at the second level, the employee may proceed to Step Three. STEP THREE: Within ten (10) working days from the expiration of the ten (10) day period referred to in Step Two, the employee may present the employee's oral grievance in writing at the third level of the grievance process either by personal service or written warning, by mailing it by registered mail to the employee's immediate supervisor or the person designated by the Employer as the case final level in the grievance process for the Department in which the employee is employed. Any settlementproposed by the Employer at levels one and two and any replies must accompany the grievance when it is presented at the third level to the person designated as the final level. The person designated as the final level shall reply to the grievance in writing to the employee within fifteen (15) working days from the date the grievance was presented at the third level. Should the employee not receive a reply or satisfactory settlement of the employee's grievance within fifteen (15) days from the date on which the employee presented the employee's grievance at the final level, the employee may be.refer the employee's grievance to Adjudication as provided in Article hereof, within fifteen (15) days of the date on which the employee should have received a reply from the person designated as the final level. Grievance Procedure:

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of the employees shall be adjusted as quickly as possiblepossible without stoppage of work, and it is understood that an employee may present an oral complaint at any time, without recourse to the grievance procedure herein. Unless agreed to by both the Company and the Union, no A grievance shall be presenteddefined as a complaint regarding the meaning, interpretation, application or alleged violation of this Agreement, or in the alleged case of an employee who has acquired seniority under this Agreement, a complaint that he has been discharged or disciplined without cause, It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. STEP If an employee has a complaint, he shall discuss it with his immediate supervisor. In order to be considered a grievance, such discussion must take place within two (2) working days the circumstances of which giving rise to the complaint first occurred or originated or occurred, or should the employee reasonably ought to have come known of the circumstances. The immediate supervisor shall communicate his reply to the attention complaint with two (2) days. If such is not settled to the satisfaction of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should the complainant may file a grievance arise it in the following manner and sequence. STEP The employee shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of a ▇▇▇▇▇▇▇ submit a signed, dated written statement of such grievance (on a form supplied by the Union) to the Superintendent or his designate within two (2) days after he has received the reply of the immediate supervisor. The nature of the grievance, the Article of the Agreement that has been violated, misapplied or misinterpreted, in the case of “group grievances” where there is more than one (1) the name of each and the relief or remedy sought shall be clearly set out in the grievance. A grievance which fails to set out this information will not be processed or considered beyond this step. The wording of the grievance presented at this step may be changed or amended for the purpose of clarification at any time up to and including Step but not thereafter. The Superintendent or his designate, as the case may be, will hold a meeting within three (3) working days, or such other time as may be agreed by the patties, with the and the ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance and shall deliver his decision in writing within five two (52) days following the meeting. Failing settlement, then: STEP3 Within three (3) working days of receipt following the decision under Step No. the grievance will be forwarded to the Human Resources Manager or his designate who will hold a meeting within days, or such other time as may be agreed by the parties, with the and the grievance committee, to discuss the grievance. It is understood that a staff representative of the reply Union may also be present at the meeting, at the request of the Plant Manager. either party, The Union's National Representative Human Resources Manager or his designate will be give his decision in attendance at this meeting. If the grievance is not settled writing within five three (53) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step date of the Grievance Proceduremeeting. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting It is expressly understood that an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged a complaint or suspended may file a written grievance at Step within five (5) working days shall follow the procedures as outlined in this Article and pending the investigation and determination of the discharge validity of such claim shall continue to perform the duties assigned to him by management (unless he has been suspended or suspensiondischarged), providing such duties do not jeopardize the life, health or safety of the employee. In taking disciplinary action Disciplinary suspensions will be administered within twenty-four (244) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beweeks.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is It the mutual desire of the utmost importance Parties hereto that any complaint or cause for dissatisfaction between an employee and the Company with respect to adjust complaints and grievances the application, Interpretation, or alleged violation of Agreement shall be adjusted as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written requiredto consider any grievance with his immediate Supervisor which is not presented within five ten (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (510) working days after receipt the or the case of a grievance, the Union, first became aware or ought to have become aware of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt alleged violation of the reply of Agreement. It is generally understood that an employee has no complaint or grievance until he, either directly or through the Plant Manager. The Union's National Representative will be in attendance at this meeting. If , has given immediate supervisor an opportunity to adjust the grievance If, after registeringthe complaint the supervisor and such complaint is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or days, then the Company may initiate a grievance beginning at Step following steps of the Grievance Proceduremay be The employee or a ▇▇▇▇▇▇▇ may present the grievance to the employee’s Department Manager. Such grievance shall be filed in writing on a grievance form providedby the Unionand shall include the nature of the grievance, the remedies sought and the provisions of the agreement which are alleged to have been violated. The Department Manager ▇▇▇▇▇ meeting with the and the ▇▇▇▇▇▇▇ within five days of the the grievance. The Department Manager shall in five (6) days following the grievance meeting. Failing settlement at this step: Within five (5) working days of after the incident giving rise decision inwhich Step given or ought to have been given, the complaint and be in the form prescribed in Step Any such grievance may be referred submitted to arbitration under Article the Manager, Human Resources or designate. A then be held between the Department Director, or his designate and such others as may be chosen by him not to exceed three (3)in number and the and the grievance committee (not to exceed three (3)in number). Such meeting shall be heldwithin five (5) of submission of the grievance at Step unless extended by agreement of the parties. The Staff Representative of the Union may be present if requested by either party. The decision of the Director, Service or his designate be in writing seven (7) days following the date of such is agreed that a grievance arising directly between the Company and the Union in shall be under Step and the case of a Union grievance or time limits set out with respect to that Step shall appropriately apply. Is understood, however, that the Company in the case of a Company grievance. The Union provisionsof Section may not institute be used with respect to a grievance directly affecting an employee or employees which such and that the employee or employees could themselves institute and the regular Grievance Procedure grievance procedure shall not be thereby bypassed. Where a number of employees have grievancesand each employee would be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude to grieve separately, they may present a group grievance signed by a group of employees commencing at and such written grievance shall be under Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within and the time specified limits set out with respect to that Step shall appropriately apply. Time limits after the grievance initiatedand before going to shall be deemed to have been droppedconsidered directory and not mandatory. However, Any time limits specified in the Grievance Procedure may be extended by mutual agreement written agreement. "Days" in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) this Article means working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bedays.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of may arise only from a dispute concerning interpretation and/or application the interpretation, application, administration, or alleged violation of any Article, Schedule or Clause in this Agreement, it being understood that no such grievance shall challenge the discharge of a probationary employee. Should a grievance arise it No letter of warning or other action shall be handled as follows. Prior to filing a formal grievance, used for the purpose of taking or justifying disciplinary action against an employee will, with unless a copy of such letter has been given to the assistance employee concerned within seven (7) calendar days after the discovery of his the occurrence which brought about the warning unless an extension has been requested due to the need for investigation. The employee's Union ▇▇▇▇▇▇▇ shall be given a copy of such letter and shall sign all copies to acknowledge its receipt. Discipline notices shall be expunged employees' records twenty-four (24) months after the incident if the record remains discipline free. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an Employee has no grievance until has first given the immediate supervisor the opportunity of adjusting the complaint. Such complaint shall be discussed with the immediate supervisor within four (4) working days after the circumstances giving rise to it have occurred and failing settlement within four (4) working days it shall be taken up as a grievance, at Step within four (4) working days following advice of the supervisor's decision. Working day under this article shall exclude Saturday, Sunday, recognized holidays, vacations or days off of the The employee and the ▇▇▇▇▇▇ shall, within four (4) working days following the advice of the employee's immediate supervisor's decision not to adjust the complaint, submit the grievance in writing signed by the employee directly involved to the employee's supervisor. Such grievance shall set out the specific article that is alleged to have been violated. The supervisor shall reply to the grievance in writing. If a settlement satisfactory to the employee concerned is not reached within four (4) working days or within any longer time that might be agreed upon, then Step may be invoked provided such later action has commenced within two (2) working days the completion of Step Failing a satisfactory settlement of the dispute under Step the employee concerned may submit the grievance to the union grievance who may then take the grievance up with the Department Director or appointee, at a meeting arranged for that purpose. The Department Director or appointee shall reply to the grievance in writing. If a satisfactory settlement at this stage of procedure is not reached within four (4)working days or such additional time as may be mutually agreed upon, then Step may be invoked provided such later action has commenced within two (2) working days after Step has been completed. Failing a satisfactory settlement under Step the grievance committee may then refer the on an informal basis grievance to his immediate Supervisor. If the grievance cannot be settled as Director of Resources of the employer for the purpose of arranging a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor meeting within five (5) working days of with a view to settling the incident giving rise to the complaintgrievance. The immediate Supervisor Director of Human Resources or appointee shall answer make a mutually convenient arrangement for such a meeting. It is understood that either party, if it wishes, may arrange for the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections attendance of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of its representatives who met on the grievance at Step the earlier steps. It is understood that the Union shall limit their representatives to three (3) employees. The Director of Human Resources or appointee shall reply to the grievance may be referred to the Plant Manager in writing. If final settlement is not reached within five (5) working days after receipt of following the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer day upon which deliberation commenced, or such additional time as may be mutually agreed upon then the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to a board of arbitration as hereinafter herein provided. The Any difference arising directly between the Employer and the Union involving the interpretation or alleged violation of this Agreement must be discussed between the Company parties at a meeting established for that purpose prior to it becoming a grievance. Failing a satisfactory settlement following the meeting, either party may initiate submit the issue in writing to be dealt with as a grievance beginning commencing at Step of the Grievance Proceduregrievance procedure. Such grievance shall be filed submitted no later than four (4)days following the date the meeting unless an agreement has been reached between both parties to extend the time limits. The parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be strictly complied with except by written agreement to extend them and failure to so comply shall result in the grievance being deemed to have been abandoned notwithstanding the provision of Section of the Labour Relations Act. Where there is more than one grievance on the same issue, the parties may consolidate the grievance in order to have the grievances processed through the grievance procedure as a single grievance. Such grievances shall commence at Step A claim by an Employee, who has completed probationary period and has acquired seniority standing, that has been discharged or suspended without reasonable cause employment shall be treated as a grievance if a written statement of such grievance is lodged with the Executive Director or Appointee within five three (53) working days of the incident giving rise to alleged grievance. Such special grievance shall commence at Step and may be settled by confirming the complaint Employer's action in dismissing or suspending the Employee, or by another arrangement which is just and be equitable in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage opinion of the Grievance or Arbitration Procedure within conferring parties or, if necessary the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days board of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bearbitration.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. The representation for the effective handling of grievances and disputes between the parties to under this Agreement are agreed that it is shall be: The Union will be represented by a properly designated committee member who will be known as the Chief ▇▇▇▇▇▇▇ and an alternate Shift ▇▇▇▇▇▇▇. The Union and Company will, at all times, keep the other party advised through written notice of the utmost importance to adjust complaints and grievances as quickly as possibleany change in authorized representatives. Unless agreed to by both the Company and the Union, An employee has no grievance until he has first given his immediate supervisor the opportunity to respond to the particular complaint. Any such complaint shall be presented, discussed with the alleged employee's immediate supervisor within four (4) days after the circumstances of which originated giving rise to it have occurred or occurred, or should ought reasonably to have come to the attention of the employee. The employee concernedmay be accompanied by his ▇▇▇▇▇▇▇ if he so desires. If the matter has not been settled within forty-eight (48) hours, more than five (5) working days prior the employee may proceed to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an Such employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If ▇ shall put the grievance cannot in writing stating: the nature and particulars of the grievance; the remedy demanded. The grievance will be settled as signed by the employee and his Shop ▇▇▇▇▇▇▇. The grievance shall be submitted to the Company's authorized within seven (7) calendar days after the expiration of the (48) hour period referred to in Step Within five (5)calendar days of the grievance's submission at Step the Company's will hold a result meeting with the and his ▇▇▇▇▇▇▇ in an attempt to settle the dispute. The Union's business representative may attend if available during the (5) calendar day period. The Company shall issue its final decision within five (5)calendar days of this discussion, then it the meeting. A seniority employee who feels he has been unjustly disciplined or discharged may be dealt with as follows: STEP The employee shall submit a written grievance with his immediate Supervisor to Step provided such grievance is submitted within five (5) working calendar days of such discipline or discharge. With reasonable promptitude the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance be notified in writing of any discipline taken against an employee including discharge and including the reasons for same. Where the Company fails to reply within five (5) working days the time limits set out in this article, the employee may proceed to the next level in the process. The Company reserves the sole right to make any decision regarding the retention, transfer, relocation, disciplining or discharge of an employee during his probationary period and the exercise of such meetingright shall not constitute a difference between the parties for purposes of arbitration. STEP If no settlement is reached at Step Subject to service requirements and the Supervisor's consent having been obtained in advance, ▇▇▇▇▇▇▇▇ may investigate and settle grievances during working hours. Employees shall not suffer a loss of pay while attending to the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Managerabove. The Union's National Representative will be parties shall cooperate with each other in attendance at this meetingmatter. If Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any arbitrable, such grievance may be referred submitted to arbitration. If no such request for arbitration is received within fifteen (15) calendar days after the decision under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where Step is given, the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed mutual desire of both the Board and the Occasional Teachers is that it is of the utmost importance to adjust complaints and all grievances shall be adjusted as quickly as possiblepossible at the lowest administrative level. Unless agreed A grievance is a claim by an Occasional Teacher, or a group of Occasional Teachers relating to a difference arising from the interpretation, application, administration or alleged contravention of this Collective Agreement, and shall also include the question of whether a matter is arbitrable. The grievance must be carried forward through this procedure by both the Company initiating the grievance. Grievances shall normally be settled in the following manner and sequence: STEP Informal Stage The Occasional Teacher having a grievance arising out of this Collective Agreement shall first approach their Principal, or appropriate Supervisor. The grievance must be received within ten (10) days after the UnionOccasional Teacher becomes aware of the circumstances giving rise to the grievance or when the event could reasonably be detected. The Principal, no or appropriate Supervisor to whom the grievance was presented shall be presentedreply verbally within three (3) days after receipt of the grievance. Failing with the verbal reply of the Principal, or appropriate Supervisor, the alleged circumstances of which originated or occurred, or should have come to Occasional Teacher may approach the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Superintendent concerned who will respond verbally within five (5) working days receipt of the incident giving rise grievance. Failing satisfaction with the verbal reply of the Superintendent concerned, the Occasional Teacher may proceed to Step The may be accompanied by no more than two (2) representatives of the complaintAssociation. The immediate Supervisor shall answer Failing satisfaction with the grievance reply in Step then within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of reply, the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed submitted in writing to the Director of Education or designate. The Director of Education, or designate, shall reply in writing within five ten (510) working days of receipt of the incident grievance. Failing satisfaction, the Occasional Teacher may proceed to Arbitration. A formal grievance must: be in writing; include the name of the and a detailed description of the or giving rise to the complaint and be grievance; identify the redress sought; include the specific allegedly being breached. At any stage in the form prescribed grievance procedure, the parties by mutual consent in Step Any such writing, may elect to resolve the grievance may by using grievance mediation. The parties shall agree on the individual to be referred the mediator and the time frame in which a resolution is to arbitration under Article by either be reached. If there are any costs related to mediation they shall be shared equally between the Union parties. The time lines outlined in the case grievance procedure shall be frozen at the time the parties mutually agreed in writing to use the grievance mediation procedure. Upon written notification of a Union either party indicating that the grievance or mediation is terminated, the Company time lines in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months continue from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bepoint at which they were frozen.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed Grievances properly arising under this Agreement shall be adjusted and settled as follows: STEP Within twenty (20) working days after the circumstances giving rise to by both the Company and grievances occurred or originated (save except grievances arising out of discharge cases in which case the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention brought forward within ten (10) days of the employee concernedbeing notified of his discharge), more than save and except grievances involving monetary items as defined Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached within five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his full ▇▇▇▇▇▇▇▇▇▇▇▇ Sewer and Collective Page working days, refer the on an informal basis to his immediate Supervisornext step in grievance procedure may be taken at any time within ten (10) full working days thereafter. If STEP The Council grievance committee, if it considers it a valid grievance, may submit the grievance cannot be settled as to a result committee of this discussion, then it may be dealt with as follows: STEP The employee the and the respective shall a written grievance with his immediate Supervisor within five (5) working days of thereafter in an endeavour to settle the incident giving rise to the complaintgrievance. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which If a violation satisfactory is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager not reached within five (5) working days after receipt from meeting and if this grievance is one which concerns the interpretation or alleged violation of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer Agreement, the grievance be submitted to arbitration as provided in writing Article below at any within five twenty (520) working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management Ontario Labour Relations Act, within a time which shall meet to discuss the grievance within five not be more than thirty (530) working days thereafter. Grievances dealing with alleged violation of receipt payment for hours of the reply work, rates of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is pay, overtime, premiums and compressed air) travelling expenses, room and board allowances, reporting allowances but not settled within five (5) working days it including grievances arising out of classification assignment may be referred brought forward to arbitration as hereinafter providedStep No. The Union or within the Company may initiate a grievance beginning at Step of three (3) months after the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident circumstances giving rise to the complaint and be in grievance occurred or originated. It is understood that the form prescribed in Step Any adjustment of any such grievance may be referred retroactive to arbitration under Article by either the Union first day of the alleged violation within the three (3) month period. Grievances dealing with the alleged violation of payment for vacation and statutory holiday pay, pension and welfare contributions, union dues, working dues, training and industry fund, shall be brought forward at Step. No. within the period of time stipulated in Section herein or three (3) months after the case circumstances giving rise to the grievance were brought to the attention of a Union grievance the griever and the Council and its member Unions affected or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), Association as the case may be, whichever is the longer period. In taking disciplinary action within twelve 2) months from It is further understood that the date adjustment of an oral or written warning for a similar infraction, any such grievance shall be retroactive to the Company may consider first day of the employee's entire record preceding the employee's oral or written warning, as the case may bealleged violation.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of Nothing in the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance procedure shall be presentedconstrued as eliminating the processing of any complaint through proper channels within the Fire and Emergency Services. Senior Officer shall mean the Deputy Chief. In the event that a complaint or grievance arises relative to the administration, application, or alleged violation of this Agreement, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, concerned may then it may be dealt with proceed as follows: STEP The When an employee has a grievance, he shall a written grievance with his immediate Supervisor submit in writing to the Senior Officer within five (5) working days of occurrence of the incident giving rise to the complaintgrievance. A meeting shall take place between the and the Senior Officer within two (2) working days from receipt of the grievance. The immediate Supervisor Senior Officer shall answer the grievance give his decision in writing stating his decision within five two (52) working days. The grievance shall specify the Article or Articles and subsections days of the Agreement time of which a violation this meeting. If the Senior Officer‘s decision is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred not satisfactory to the Plant Manager and the Association, a meeting shall take place within five (5) working days after receipt the time the decision was rendered in Stage betweenthe Association Representatives and the Chief. The Chief shall give his decision in writing stating his decisionwithin two (2) working days of the immediate Supervisor's reply at Step The Plant Manager shall convene time of this meeting. If the Chiefs decision is not satisfactory, a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing take place within five (5) working days of such meeting. STEP If no settlement is reached at Step from the time the Union Grievance Committee decision was renderedin Stage between the Association and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant City Manager. The Union's National Representative will be City Manager shall give his decision in attendance at this meeting. If the grievance is not settled writing stating his decision within five two (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (52) working days of the incident giving rise time of this meeting. The City Manager may designate another person to act in his stead. Where the City Manager’s decision is not satisfactory at Stage the Association may advance a grievance to Council or an appropriate Committee thereof, for hearing (Reference Collective Agreement, Article Grievance Procedure). The following outlines the administrative procedure for handling such a grievance. Within days of the City Manager’s response, the President or Chair of the Association’s grievance committee acting on the President‘s behalf, may request a hearing with Council or an appropriate committee thereof. The request should be sent in writing, with a copy of the original grievance attached, to the complaint attention of the City of Clerk, Clerk’s Department. The request will be time and date stamped and receipt of the grievance will be confirmed, in writing, to the form prescribed Association. The Clerk will review the schedules of Council Grievance Committee members to determine an available meeting time and confirm with the President or Chair of the Association Grievance Committee, Fire Chief and Manager of Labour Relations as to their availability. The Clerk will confirm the date and time of the hearing, in Step Any such grievance writing, for all parties. The hearing will take place in camera. Submissions for the Committee may be referred provided to arbitration under Article by either the Union in Clerk two (2) working days prior to the case Grievance hearing. Upon receipt, the Clerk’s department will circulate copies of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute each party’s submissions and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group Rules of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage Procedureto members of the Grievance Committee and all affected parties in advance of the hearing. See Rules of Procedurefor Council Fire Grievance Committee. The Committee will make a decision on the grievance immediately the hearing. The Committeewill present the decision to Council for approval. The Clerk will document and issuethe decision in writing, within two days, to the Association, Fire Chief and Human Resources. Implementation of any resolution will be coordinated by the Manager of Labour Relations. In the event the grievance is advanced to Arbitration, the Association President or Arbitration Procedure within Chair of the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement GrievanceCommittee will provide notice in writing between to the Company and Manager of Labour Relations. RULES OF PROCEDURE FOR COUNCIL FIRE GRIEVANCE COMMITTEE The purpose of the Union. An employee who has been discharged or suspended may file Council Fire Grievance Committee is to hear a written Professional Fire Fighters Association grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of fourth stage and to provide a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may berecommended responseto full Council.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is For the purpose of the utmost importance grievance proce- dure provided hereunder and commencing with Step Two thereof, there shall be a Grievance Committee of Local composed of not more than three (3)Local Officers as designated by the President of Local Local acknowledges and agrees that Stewards, members of its ' and Grievance Committees and Officers of Local have regular duties to adjust complaints perform as employees of the Metropoiitan Corporation and grievances as quickly as possiblethat such employees will not leave their regular duties to assist employees in preparing their grievance without obtaining the permission of their Depart- ment Head or someone designated by him and will similarly report upon returning to their regular duties. Unless agreed In computing the time worked by such employees for the Metropolitan Corporation, the Metropolitan Corporation not deduct the time occupied by them in attending to by both the Company business of the Union under this sub-clause during working hours and the UnionMetropolitan Corporation deduct wages in respect of the time occupied. Whenever an employee is requested to report for a disciplinary discussion with two or more supervisory personnel, prior to any nary action being taken or a grievance being lodged, such employee shall have the right of having a Shop ▇▇▇▇▇▇▇ or Union present at such meeting as an observer or, if presence of an employee of choice who is on duty at his place of work at the the discussion takes place. When no disciplinary notations have been included in an employee's personal departmental file for a two-year period, said employee may request the removal of any written reprimand Included In such file, and upon such request, said shall be removedfrom the file and stricken from the record. For the purpose of the grievance proce- dure, 'working days" shall be Monday to Friday inclusive. Whenever and so often as any employee is suspended or dismissed for cause, the grievance procedure as set forth In this clause shall apply except that the grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than initiated at Step Two within five (5) working days prior after the said employee ceases to its original presentation be employed by the Metropolitan Corporation. Any grievance of an employee for not being selected for a. position under the Job Call procedure will be similarly initiated at Step Two within five (5) days of the employee being advised in writing that he was not selected for the position for which he was considered and the may attend the Step Two meeting. If such position is within a Department other than the employee's Department, the grievance shall be directed, by Local to that Head of the Department in which the vacancy occurred. Upon receipt of such grievance, the Department Head or his Nominee shall confer with the ▇▇▇▇- ▇▇▇▇ Representative and/or the representative of Local within five working days and shall advise Local in writing of his decision with respect to the grievance within three working days of the said conference. In the event the Department Head does not provide redress satisfactory to Local may process the grievance to Step Three of the grievance procedure in accordance with Article Where an allegation is made by an employee that Article "Sexual Harassment" has been violated, a grievance shall be initiated at Step A grievance shall consist Two within five (5)days after such violation is alleged to have occurred. Where a difference arises between the parties relating to the interpretation, application or administration of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should , including any question as to whether a matter is arbitrable or where an allegation is made that this Agreement has violated (such difference or allegation, being hereinafter referred to as "The Grievance"), the following grievance arise it procedure shall be handled as follows. Prior to filing a formal grievanceapply, an employee will, with namely: Local through the assistance of his Shop ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If shall within four (4) working days (eight (8) work- ing days in Department of Ambulance Ser- vices after the grievance cannot be settled as a result of this discussionfirst arises, then it may be dealt with as follows: STEP The the said grievance end redress sought in writing signed by the employee shall a written the grievance with the immediate superior of the employee Involved, who shall confer forthwith with such employee and who shall render his immediate Supervisor decision in writing within five two (52) working days of the incident giving rise to time of the complaintconference. The immediate Supervisor shall answer employee may be accompanied at the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed said conference by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Shop ▇▇▇▇▇▇▇ and shall answer or Business .Representative of Local if he desires. In the grievance in writing event that the immediate of the employee involved does not provide redress satisfactory to Local it may within five seven (57) working days after the receipt of the aforesaid written decision of the said immediate superior, forward to the Department Head a copy of the grievance, together with a copy of the written decision of the said immediate superior and upon receipt of such meeting. STEP If no settlement is reached at Step copies the Department Head, or his nominee, forthwith confer with the Union Business Representative and/or the Grievance Committee of Local and representatives shall advise Local in writing of Management shall meet his decision in respect to discuss the grievance within five seven (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (57) working days of the incident giving rise said con- ▇▇▇▇▇▇▇. In the event that the Department Head does not provide redress satisfactory to Local it may within seven (7) working days after the receipt of the aforesaid written decision of the Department Head, forward copies of the grievance and the written decisions as provided for In Step One and Step Two to the complaint Commissioner of Personnel of the Metropolitan Corporation and, upon receipt of such copies, the Commissioner of Per- sonnel or his nomineeshall conferforthwith with the authorized representatives of Local and the Commissioner of Person- nel or his nominee shall advise Local in writing within ten (10) working days after the said conference of his decision in respect to the grievance. In the that the Commissioner of Personnel does not provide redress satisfactory to Local Local may, within twenty (20) working days after the receipt of the written decision of the Commissioner of Personnel, require that the grievance be submitted to ar- bitration by notifying the Metropolitan Corporation in writing of its desire so to and the form prescribed in Step Any such notice shall contain the nameof the appointee of Local to an Arbitration Board. The Metropolitan Corporation shall, within three (3)days after the first meeting of the Councilfollowing the sub- mission of the grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage Local advise of the Grievance or Arbitration Procedure name of appointeeto the Board, The two appointees so selected shall, within (5) days appoint- ment of the second them appoint a third who shall If the two appointeesfail to agree upon within the time specified limited, lodgingthe grievanceshall (15) days request the Minister of for Ontario, inwriting, to appoint a Chairman anda copy such shall be deemed forwarded concurrently to the other appointee to such Board. The Ar- bitration shall hear and deter- mine the grievance and shall issue a decision, andthe decision shall be bind- ing upon both Local and the MetropolitanCorporationand upon any affectedby it. Thedecision of a majority shall be the decision of the Arbitration Board, but if there no majority the decision of the Chairman shall govern. Each of the parties hereto will bear the expenses of the nominee appointed to represent it andthe partieswill jointly in equal shares bear the expenses, any, ArbitrationBoard and the cost of the room or rooms in which the arbitration is held. Local in submitting the grievance to arbitration may request that such may be deter- mined by a single arbitrator, where upon the par- ties shall endeavour to reach agreement as to a suitable arbitrator for such purpose and the Metropolitan Corporationshall have been droppedten (10) work- ing days after the receipt of the notice to advise Local of its concurrence in having the grievance determined by such named arbitrator who shall hear and determine the grievance and shall a decision. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days event of failure of the discharge or suspension. In taking disciplinary action parties to agree as to an appropriate arbitrator, the Metropoiitan Corporation shall, within a period of twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.one

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purpose of this Agreement are agreed that it is Agreement, grievance shall mean a dispute between a member or a group of members of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company bargaining unit or Local and the UnionHospital, no regarding the application, interpretation or alleged violation of this Agreement”. The will first submit the grievance to his Shop ▇▇▇▇▇▇▇ or Union Representative within ten working days of the event giving rise to the grievance and a discussion of the matter will take place with the Employee’s Department Head or designate. If the matter is not resolved within five working days of being referred to step the grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come submitted in writing to the attention of Labour Relations Manager or designate. If the employee concerned, more than five (5) matter remains unresolved after ten working days prior from submission to its original presentation the Labour Relations Manager or designate, it may be. referred to arbitration. At any stage in writing at Step A the grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievanceprocedure, an aggrieved employee will, with the assistance of his may elect to be accompanied by a Union Representative or Shop ▇▇▇▇▇▇▇. All time limits set out in this article are intended to mean working days, refer the on an informal basis to his immediate Supervisor. If the grievance canand do not be settled as a result of this discussioninclude Saturdays, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working Sundays, holidays , vacation or illness days. The grievance shall specify time limits as indicated above can be extended by written agreement by both parties to this Agreement. In the event that an employee’s vacation or leave of absence request has been denied, or where the time elements established under Article or Articles and subsections restrict the expeditious resolution of the Agreement of matter at hand, either party may refer such matters to an expedited arbitration process which a violation is alleged, indicate the relief sought and shall be signed governed by the employee. STEP Should following provisions: The matter shall be heard before a single arbitrator; The arbitrator shall be chosen from the employee rotating panel defined in Article The hearing shall be dissatisfied held within seven calendar days from the date of the appointment; An arbitrator, unable to hear the matter within the required time limit, shall forfeit his turn to act as arbitrator and shall not be until his turn comes up again as per the regular rotation; Such hearings shall be informal in nature with each party being allowed to present their case before the arbitrator; A verbal decision will be made by the arbitrator within twenty-four hours of the conclusion of the hearing, with the disposition of written decision to follow; All cases proceeding before this expedited arbitration process shall be non-precedent setting, and shall only deal specifically with the case before the arbitrator. Grievances not submitted in writing to the Labour Relations Manager or his designate within the time limits Specified above will be considered invalid and will not be carried further in the grievance at Step procedure. When the Union or the Hospital presents a grievance, the grievance may be referred to submitted by the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning Hospital at Step Two of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beprocedure.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company Employer and the UnionUnion agree that discussions should occur between employees, no Union representatives and Employer representativeswhen problems or differences arise in an attempt to resolve problems or differences. This grievance shall be presentedprocedure is not intended to preclude any discussion between employees, Union representativesand Employer representativeswhere discussions, relating to problems or differences occur, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be time limits in the form prescribed in Complaint Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may will be extended by mutual agreement in writing by the appropriate number of days. If any difference concerning the interpretation, application, operation or any alleged violation of the Agreement arises between the Company Employer and or the Union, or between the and the UnionEmployer, it shall be processed according to the following grievance procedure. An employee who has been discharged Nothing in this provision deprives of any rights or suspended may file a written remedies to which they are entitled in any legislation including the transfer legislation. Grievances involving the interpretation, application, operation or any alleged violation of the agreement must have the approval and support of the bargaining agent. The time limits set out in the grievance at Step within five (5) procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and holidays shall be excluded. In the case of employees working in operations where the days of rest are other than Saturdays and Sundays, then their days of rest shall be excluded. If the discharge time limits set out in Complaint Step, Step or suspension. In taking disciplinary action within twenty-four (24) months from Step of the date of grievance procedure are not complied with, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits If the Employer fails to meet a suspension or dismissal (reinstatement) for a similar infractiontime limit, the Company Union, at its option, may consider either advance the employeegrievance to the next step or await the Employer's entire record preceding suspension response, in which case no time limit shall apply against the Union until it has received the Employer's response. shall have the right to be represented at any step of the grievance procedure. The and the union representative shall be given reasonable leave with pay to attend meetings pertaining to the grievance. The and the union representative shall be given leave with pay for meetings with the employer. At either Complaint Step or dismissal (reinstatement), as Step the case Employer representative may bebe assisted by a designated employer representative. In taking The Union shall be given full opportunity to present evidence and make representations throughout the grievance procedure The shall be advised of their right to have a union representative present at any disciplinary action within twelve 2) months from the date meeting or at any meeting held with bargaining unit to investigate alleged misconduct of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.the

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is the mutual desire of the parties to this Agreement are agreed agreement that it is of the utmost importance to adjust complaints and grievances concerning the interpretation, application, administration or alleged violation of the Agreement be adjusted as quickly as possible. Unless agreed An employee subject to by both disciplinary action which is to be recorded in the Company employees' personnel file, shall have the right, if she so requests, to the presence of the Union ▇▇▇▇▇▇▇ or Union committee member or, if either of the above are not available, a member representative of the employee's choice who is working on the current shift. Where an employee is required to attend a meeting in which a written warning, suspension, or discharge is to be given, a Union ▇▇▇▇▇▇▇ shall be present unless the employee requests otherwise. If a ▇▇▇▇▇▇▇ is not available, the Employer shall reschedule the meeting within forty-eight (48) hours so that the employee and ▇▇▇▇▇▇▇ can attend. It is understood that an employee has no grievance until the Union, no complaint has been discussed with his immediate supervisor. No grievance shall be presented, considered and the alleged circumstances of which originated or occurred, or should complaint shall be deemed to have come been settled if the event giving rise to the attention complaint or the time at which the grieved employee ought to have become aware of such events occurred or originated more than six (6) working days before the filing of the grievance. No grievance shall be further considered and the grievance shall be deemed to have been settled if the time limits met out are not adhered to by the Union. Step The grieved employee concerned, more than shall present his grievance in writing to his supervisor. The supervisor shall reply with a written decision within five (5) working days prior following the receipt of the grievance or such longer period as may be mutually agreed upon between the parties. Step In five (5) working days either following the receipt of the supervisor's decision or following the expiry of the time to its original presentation reply allowed under Step the grieved employee may present the grievance writing to the Administrator or his designate who shall consider it in writing at Step A grievance shall consist the presence of the a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer and the on an informal basis to his immediate Supervisor. If A representative of the grievance cannot be settled as a result of this discussion, then it Union may be dealt with as follows: STEP present. The employee Administrator or a designate shall issue a written grievance with his immediate Supervisor decision within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article following such meeting or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance such longer period as may be referred mutually agreed upon between the parties. For the purposes of this Article, when determining the time limits within which any action is to be taken, the Plant Manager within five (5) reference to working days after receipt shall be exclusive of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the Saturdays, Sundays, and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingStatutory Holidays. If final settlement of the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning reached at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such then a grievance may be referred to arbitration under Article in writing by either party, as provided for in paragraph below, at any time within ten (10) calendar days either following the Union in receipt of the case decision given under Step or following the- expiry of a Union grievance the time to reply under Step or such longer period as may be mutually agreed upon between the Company in the case of a Company grievanceparties. The Union may not institute a written grievance directly affecting an employee or employees which such employee or employees could themselves institute shall set forth the full particulars of the grievance, the provision of this agreement allegedly violated and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beremedies sought.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Any employee having a grievance may submit his verbal complaint to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Unionhis immediate supervisor, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five within three (53) working days prior to its original presentation in writing at Step A grievance shall consist from the date of a dispute concerning interpretation and/or application the alleged violation of any Article, Schedule or Clause in this Agreementthe agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall may request the supervisor to call a written grievance committee person to discuss the specific grievance. Step Two Failing an answer or a satisfactory settlement as in Step one, within three (3) working days, the aggrieved employee accompanied by a Committee Person will meet with his immediate Supervisor or his representative. At this time, the grievance must be submitted to the Company in writing and must state in what respect the Agreement has-been alleged to be violated or misinterpreted with reference to the specific Clause or Clauses relied upon and the nature of relief or remedy sought. A decision in writing will be rendered by his immediate Supervisor, or his representative, to the employee within three (3) working days following the meeting. Step Three Failing an answer or a satisfactory settlement as in Step Two, within three (3) working days, the aggrieved employee, with the Plant Chairperson, will refer the grievance to the Senior Manager, or his representative. A third step meeting will be held, the Plant Chairperson, two (2) Committee persons and a representative from the National Office of the Union the President of the Local may be present, if requested by the Union or the Company. The Senior Manager, or his representative will render his decision in writing to the employee, the Plant Chairperson and the National Representative or other designated Union Official, within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer date the grievance within five (5) working dayswas submitted to him in writing. The grievance shall specify When mutually agreed upon, the Article or Articles union and subsections of the Agreement of which company will use a violation is allegedGrievance Mediator to handle grievances not resolved during the third step meeting. Failing a satisfactory settlement as in Step Three, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred submitted to Arbitration as outlined in Article of this Agreement. Policy, production standards, discharges and Group grievances, initiated by the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the Company or the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance originated at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Third Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days , with strict adherence to the terms of the incident giving rise to the complaint and be in the form prescribed in Third Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievanceGrievance Procedure. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and time limits specified at any of the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage written steps of the Grievance or the Arbitration Procedure within the time specified shall procedure must be deemed strictly adhered to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has Union or the grievance will be considered abandoned or considered as having been discharged or suspended may file a written grievance at Step within five (5) working days adjusted to the satisfaction of the Company or the Union; unless extended by mutual consent in writing by both parties. The following special procedure will be applicable to a grievance alleging improper discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.:

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Where a difference arises between the Employer and the Union or a Local Union relating to the interpretation, application or administration of this Agreement are agreed or where an allegation is made that it discharge of an employee is unjust or that this Agreement has been otherwise violated, the difference of the utmost importance opinion or dispute, including any question as to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Unionwhether a matter is arbitrable, no grievance shall be presented, resolved without stoppage of work in the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreementfollowing manner. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his The Job ▇▇▇▇▇▇▇ or Business Manager of the Local Union shall attempt to resolve the difference on the job with the , refer ▇▇▇▇▇▇ or Superintendent of the on an informal basis to his immediate SupervisorEmployer. If the grievance candifference is not be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor resolved within five (5) working days of the incident giving rise occurrence, the aggrieved party shall submit the difference and the remedy sought in writing to the complaintExecutive Director of the Association and the International Representative of the Union within sixty (60) days of occurrence, or in the case of alleged unjust discharge, within ten (10) days of occurrence. Failure to submit the difference in writing within the specified time periods shall result in the matter being deemed to be waived. The immediate Supervisor foregoing time limitations shall answer not apply where there has been a failure or refusal to remit employer contributions or deductions from employees as provided for in this Agreement. Upon receipt of the grievance matter complained of in writing, the Executive Director and the International Representative shall take such steps as they deem necessary to attempt to adjust such difference of opinion or dispute. If the difference is not resolved within five (5) working daysdays of receipt of written submission, the Executive Director and the International Representative may, upon mutual agreement of the parties, refer the matter to a Pipeline Industry Grievance Panel. Where the parties agree to refer the matter to a Pipeline Industry Grievance Panel, such Panel shall be drawn from among the regular and alternate members of the Canadian Pipeline Advisory Council or their designated substitutes. The grievance shall specify the Article or Articles and subsections Chairman of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition Advisory Council shall appoint two (2) representatives of the grievance participating Unions and the Chairman of the National Labour Relations Committee shall appoint two (2) representatives of the participating Association Members to serve on the Panel. In no case and at Step no time shall representatives of the Union or the Employer involved in the grievance may be referred appointed to the Plant Manager Panel. The Pipeline Industry Grievance Panel shall meet and render a decision within five (5) working days after receipt of appointment. A unanimous decision of the immediate Supervisor's reply Panel shall be final and binding. In the event that the parties do not agree to the Panel procedure or the Panel arrives at Step The Plant Manager a majority decision which either party to the dispute is unwilling to accept, or the Panel is unable to arrive at a decision within the prescribed time limits, the matter shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or an Arbitration Board consisting of two (2) members, one to be named by the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint Employer and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article one by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.These two

Appears in 1 contract

Sources: Mainline Pipeline Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties An employee who is refused employment, discharged, suspended, laid off or transferred from his employment has the right to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both file a grievance with the Company and through the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor Union within five (5) working business days of the incident giving rise its occurrence subject to the complaintprocedure outlined herein. Where the employee has a grievance while working on board a vessel, he must present his grievance on Standard Grievance Form (if available) to the Captain or Chief Engineer with a copy to the ship's delegate within ten days of its alleged occurrence. Upon request of the grieving employee, the ship's delegate shall assist in the grievance procedure. He shall not be subject to discipline for assisting the in the grievance procedure, provided such assistance does not interferewith the operating of the ship. The immediate Supervisor Captain or Chief Engineer shall answer acknowledge receipt and reply to the grievance completing and returning to the a duly completed Standard Grievance Form within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of grievance. If settlement is not achieved upon receipt by the reply of the Plant ManagerCaptain's or Chief Engineer's reply, the shall submit the standard Grievance Form to the Union immediately. Within thirty (30) days of the Captain's or Chief Engineer's reply, the office of the Executive Vice-president of the Union shall submit the duly completed Standard Grievance Form to the head representativeof the Company. Within thirty (30) days of the date the grievance is submitted by the Union to the Company's head office, the Company shall reply enclosing a copy of the duly completed Standard Grievance Form. The Union's National Representative will Union shall also have the right to submit a grievance in writing to the Company on behalf of all the employees in the bargaining unit or a group or category thereof within thirty (30) days of the occurrence giving rise to the grievance. In both these instances above, the Company shall reply to the Grievance as per above. A Labour Management Meeting shall be in attendance at this meetingheld between the Company and the prior to a grievance being referred to arbitration. If the grievance is not settled within five (5) working days it may at the meeting referred to in above, the grievance must be referred to arbitration as hereinafter providedwithin ten (10) days thereafter. The Union Any grievance involving the interpretation or the Company may initiate a grievance beginning at Step alleged violation of the Grievance Procedure. Such grievance shall be filed within five (5) working days any provisions of the incident giving rise this Agreement which has not been settled to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case satisfaction of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the UnionUnion by conference or negotiation, may be submitted to an arbitration board. An employee Matters involving any request for a modification of this Agreement or which are not covered by this Agreement shall not be subject to arbitration. The arbitration board shall consist of one (1) Arbitrator who shall be jointly selected by the Union and the Company. This selection shall be made within ten days after the request for arbitration has been discharged made by either party to this Agreement. In the event that the parties fail within the said ten day period to agree upon the selection of an Arbitrator, the matter may be referred by either party to the Minister of Labour for Canada, who shall select and designate the Arbitrator. In the event the arbitration board is vacated by reason of death, incapacity or suspended may file a written grievance at Step resignation, or for any other reason, such vacancy shall be filled in the same manner as is provided herein for the establishment of the board in the first instance. A statement of the dispute or question to be arbitrated shall be submitted by both parties, either jointly or separately, to the Arbitrator within five fifteen (515) working days of his appointment. The arbitration board shall convene within twenty (20) days following the discharge appointment of the Arbitrator unless otherwise mutually agreed by the parties, and shall render its decision as soon thereafter as possible. The decision of the board shall be limited to the dispute or suspensionquestion contained in the statement or statements submitted to it by the parties. In taking disciplinary action within twenty-four (24) months from The decision of the date arbitration board shall not change, add to, vary or disregard any conditions of a suspension or dismissal (reinstatement) for a similar infractionthis Agreement. The decisions of the Arbitrator, which are made under the authority of this Arbitration Article, shall be final and binding upon the Company, the Company may consider Union and all persons concerned. The expenses, fees and costs of the employeeArbitrator shall be paid by the party to this Agreement found to be in default upon the Arbitrator's entire record preceding suspension or dismissal (reinstatement)resolution of the grievance or, as if the case may beArbitrator resolves the grievance in such a way that neither side shall be found wholly in the right, then the Arbitrator shall also establish the proper split of the expenses, fees and costs between the two parties in the proportion appropriate to the share of responsibility that each side had in the production of the grievance. In taking disciplinary action within twelve 2) months from Should a difference of opinion arise on the date interpretation of an oral or written warning for a similar infractionthe Collective Agreement, it is understood that the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beEnglish text shall prevail.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of recognize the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company Stewards and the Union, no Representatives as the agents through which employees shall process their grievances. The Employer or the shall not be to consider or process any grievance shall be presented, the alleged circumstances which arises out of which originated any action or occurred, or should have come to the attention of the employee concerned, condition more than five (5) working work days prior to its original presentation in writing at Step A after the subject of such grievance shall consist occurred If the action or condition is of a dispute concerning interpretation and/or application continuing or recurring nature, the limitation period shall not begin to run until the action or condition has ceased. The period shall not apply to differencesarising between the parties concerningthe interpretation,applicationor administrationofthisAgreement. At no time may an employee or group of any Article, Schedule or Clause in this Agreement. Should employees a grievance arise it shall be handled as followson behalf of another employee. Prior to filing & A Group is definedas a formal single grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer a Representative on ofa group of employeeswho have the same complaint. Such a grievance must be dealt with at successive stages of the grievance procedure step The shall be listed on the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a group grievance. A Policy is defined as one which involves a question relating to the interpretation, application or administration of this When submitted by the Employer, it can relate to the conduct of the Union, its Representative or ▇▇▇▇▇▇▇. A policy grievance may be submitted by either party to arbitration under Article bypassing steps and A policy grievance shall be signed by a ▇▇▇▇▇▇▇ and a Representative and submitted to the Employer's Representative and It's head office. In the case of an Employer's policy grievance,the grievance shall be signed by the Employer or his Representative. Step Any employee having a grievance must, accompanied by a ▇▇▇▇▇▇▇ or a Representative,orally submit her complaint to her immediate supervisorwithin five (5) workdays (excluding Saturday, Sundays and holidays) after the act or condition which caused the grievance. The supervisorwill deal the grievance not later than the third ) calendar day following the day on which the grievance is submitted and will notify the and the Union Representative of his decision in writing within three (3) workdays following the said meeting. Step If the grievance is not settled under step a Union Representative will, within five (5) working days Saturdays,Sundays and holidays) of such meetingthe decision under step or within (5) working days of the day this decision should have been made, submit a written grievance to the Employer. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management The parties shall meet to discuss the grievance within five one (51) week the grievance has been The Employer shall notify the and the Representative of his decision in writing within three (3) working days of receipt following the said meeting. A written grievance will the nature of the reply grievance and remedy sought by the of the Plant Manager. The Union's National Representative will grievanceshall be in attendance forwarded to the Human Resources Department at this meeting. the head office of the If the fail to settle the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of procedure, the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration. The party requiring arbitration under Article must the other party withwritten notice of the desire to arbitrate within fourteen (14) days after receiving the decision given at Step of the grievance procedure. If a party wishes to arbitrate it shall indicatewhether it wishes to have this done by either a board of arbitration or by a sole arbitrator. If the Union in party the case notice opts for a board of arbitration, the two parties shall each nominate an arbitrator within seven (7) days and each shall notify the other party of the name and address of its nominee. The two arbitrators so appointed shall jointly select a chairman. If they are unable to agree on the selection of a Union grievance chairman within seven (7) days oftheir appointment, either party to the dispute may request the Minister of Labour to appoint a chairman. the party serving the notice opts for a sole arbitrator, the two parties shall jointly select a sole arbitrator. In case they are unable to reach agreement on this matter, either party may request the Minister of Labour to appoint an arbitrator. All references in this Article to a board of Arbitration shall equally apply to a sole arbitrator. No person who has been involved in an attempt to negotiate or the Company in the case grievance may be appointed as chairman of an arbitration board or a sole arbitrator. The decision of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and is the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage decision of the Grievance arbitration board but if there is no majority, the decision of the chairman of the arbitration board governs. Notices of desire to arbitrate a dispute and ofnomination of an arbitrator shall be served personally or Arbitration Procedure within by registered mail. served by registered mail, the time specified date of mailing shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of service. a suspension or dismissal (reinstatement) for party to a similar infractiongrievance at any stage of the grievance procedure, the Company other party may consider commence arbitration proceedings and U the employee's entire record preceding suspension party in default refuses or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of neglects to an oral or written warning for a similar infractionarbitrator in accordance with Article, the Company may consider party not in default may, upon to the employee's entire record preceding party in default, appoint a arbitrator to hear the employee's oral grievance and his decision shall be and upon both parties. The arbitration board shall have the jurisdiction, power and authority to relief for default in the limits set out in theArticles dealingwith grievance and arbitration procedures where it appears that the default was due to a reliance upon words or written warning, as conduct of other party. The arbitration board or a sole arbitrator is to be governed by the case may be.following provisions:

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of permanent employees shall be adjusted as quickly as possible. Unless agreed to by both the Company and the Union, no grievance Such complaints shall be presented, acted upon in the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A following manner and sequence. In this Article a grievance shall consist of a dispute concerning interpretation and/or and application of any Article, Schedule or Clause in the terms of this Agreement. Should If any question arises as to whether a particular dispute is or is not a grievance arise within the meaning of this Agreement the question may be taken up through the following steps of the grievance procedure and determined if necessary by arbitration. In all of the steps where time limits are named as days only, it is agreed that Saturdays, Sundays and paid specified holidays except floating holidays are excluded. It is understood that a permanent employee has no grievance until they have first given their Supervisor or the Assistant Manager or nominee, as the case may be, an opportunity of adjusting their complaint. In discussing such complaint, the permanent employee shall clearly indicate that the discussion is a Step grievance. The permanent employee or the Employer may request the presence of a union representative. Such complaint shall be handled as follows. Prior to filing a formal grievance, an employee will, discussed with the assistance of his ▇▇▇▇▇▇▇Supervisor or the Assistant Manager or nominee, refer within five (5)days after the on an informal basis circumstances giving rise to his immediate Supervisor. If the grievance cannot be settled as a result of this discussioncomplaint having occurred, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate and the Supervisor or the Assistant Manager or nominee will render their decision within five (5) working days following the day on which the complaint was presented. Failing settlement, it may then be taken up as a grievance within three (3) days following the decision of the incident giving rise to Supervisor or the complaintAssistant Manager or nominee. Failing settlement at Step the Chief ▇▇▇▇▇▇▇ may file a written grievance with the Director, Transit Services or nominee. The immediate Supervisor shall answer written grievance signed by the grievance within five (5) working daysmust contain the nature of the grievance, the remedy sought and the of the Agreement which are alleged to have been violated. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and must be signed by the employee. STEP Should the employee be dissatisfied filed in person with the disposition of the Director, Transit Services or Nominee at which time a grievance at Step the grievance may meeting date shall be referred to the Plant Manager agreed upon but which should be within five (5) working days after receipt of the immediate Supervisor's reply at Step filing said grievance. The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance and/or Director, Transit Services or nominee will deliver their decision in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step following the the Union Grievance Committee and representatives of Management shall meet to discuss day on which the grievance within is presented to them. They will also distribute copies of the original grievance and their answer to the Supervisor and Assistant Manager. Failing settlement then Step may be invoked Step Within five (5) working days following the decision under Step the Grievance Committee may submit the written grievance to the Employer's Director of receipt of Employee Relations or designate. A meeting will be held within seven (7) days at which time the reply of the Plant Managermatter will be reviewed. The Union's National Representative Director of Employee Relations or designate will be in attendance at this meeting. If deliver their decision within seven (7) days from the grievance is not settled within five (5) working days date on which the meeting was held under Step Failing settlement under Step it may be referred submitted to Arbitration in accordance with Clause A policy grievance arising directly between the Employer and the Union alleging a violation of this Agreement,' in regard to which an individual permanent employee could not grieve, may be originated under Step Failing settlement under Step it may be submitted to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. in accordance with Article Such grievance shall by the Employer or by the Union as provided in this Clause, may be filed lodged at any time within five twenty (520) working full calendar days of after the incident circumstances giving rise to such grievance occurred or originated. Failing settlement under the complaint and be in foregoing procedure of any grievance between the form prescribed in Step Any parties, arising from the interpretation, application or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be referred submitted to arbitration, as set forth in Article If no written request for arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action received within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to In the event of a by an employee who is covered by this Agreement are agreed that it he has been dealt with contrary to its terms or that he has been unjustly disciplined, the employee shall first discuss the matter with his Supervisor. If the matter is not settled by such discussion, the employee may take the matter up as a grievance under this Article. All grievances shall be in writing and shall contain a concise statement of the utmost importance facts complained of and shall state the Article of this Agreement which the Authority has alleged to adjust complaints and grievances as quickly as possiblehave violated. Unless agreed to by both the Company and the Union, no A grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention filed at Step of the employee concerned, more than Grievance Procedure within and not after five (5) working days prior (when the administrative office is scheduled to its original presentation in writing at Step A grievance shall consist be open) of a dispute concerning interpretation and/or application the date of any Articlethe incident giving rise to the grievance, Schedule or Clause in this Agreement. Should a grievance arise otherwise it shall be handled as followsdeemed to have been withdrawn. Prior The following procedure shall be adhered to filing a formal grievance, an in processing grievances: STEP The aggrieved employee will, with the assistance of shall present his grievance to his Supervisor. He may be accompanied by his ▇▇▇▇▇▇▇, refer . The Supervisor will deal with the on an informal basis grievance and give his answer in writing within three (3) working days (when the administrative office is scheduled to his immediate Supervisorbe open) after the date upon which he received the grievance. If the grievance canis not be settled as a result by the decision of this discussionthe Supervisor, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor presented to the Facilities Manager within five and not after three (53) working days (when the administrative office is scheduled to be open) of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which date a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Union ▇▇▇▇▇▇▇ and shall receives the Supervisor’s written answer to the grievance (or if the Supervisor does not give an answer in writing then within and not after three (3) working days (when the administrative office is scheduled to be open) after such answer ought to have been given). The Facilities Manager will give his decision in writing within five three (53) working days of such meeting. STEP If no settlement (when the administrative office is reached at Step the the Union Grievance Committee and representatives of Management shall meet scheduled to discuss the grievance within five (5be open) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from after the date of a suspension or dismissal (reinstatement) for a similar infraction, upon which he received the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may begrievance.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to Any dispute involving the application, interpretation or alleged violation of this Agreement are agreed that it is may be made the subject of the utmost importance to adjust complaints a grievance and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance an ▇▇▇▇▇▇▇ effort shall be presented, made to settle such a dispute fairly and promptly in the alleged circumstances of which originated or occurred, or should have come to following manner: At any step within the attention of grievance procedure the employee concernedmay be accompanied by a ▇▇▇▇▇▇▇. The employee must first discuss the dispute with the immediate Manager. If settlement is reached, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall may be handled as follows. Prior to filing a formal grievance, an employee willfiled by the employee, with the assistance of his the union ▇▇▇▇▇▇▇, refer in writing to the on an informal basis Human Resources manager and a copy is to his be submitted to the immediate Supervisor. If the grievance cannot be settled as a result of manager providing this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor is done within five seven (57) working calendar days of the incident giving rise to the complaintgrievance. The Human Resources and immediate Supervisor manager shall answer respond to the grievance in writing within five seven (57) working dayscalendar days of its receipt. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition statement of the grievance at Step shall the particulars of the grievance may be referred to and the Plant Manager within five (5) working days after receipt of remedy sought by the immediate Supervisor's reply at Step The Plant Manager shall convene If a settlement is not reached, the employee will, in writing, request a meeting with the Director of Program Support. This request must be done within seven (7) calendar days of the reply from the immediate Manager and Chief must be accompanied by a copy of the grievance. At this meeting, an employee may be assisted by a ▇▇▇▇▇▇▇ and ▇, if requested. The Director of Program Support shall answer respond to the grievance in writing within five seven (57) working calendar days of such meeting. STEP The request for the meeting must be made within seven (7) calendar days however; the meeting does not have to occur seven (7) calendar days. The parties confirm in the date of the meeting and this meeting will occur within (15) calendar days of the request for the meeting. If no a settlement is reached at Step not reached, the employee will, in writing, request a meeting with the Union Grievance Committee Executive Director or designee. This request must be done within seven (7) calendar days of the reply from the Director of Program Support and representatives must be accompanied by a copy of Management the grievance. At this meeting either party may have such assistance as it deems necessary. The Executive Director or designee shall meet respond to discuss the grievance in writing within five seven (57) calendar days of such meeting. The request for the meeting must be made within seven (7) calendar days however; the meeting does not have to occur within seven (7) calendar days. The parties in writing the date of the meeting and this meeting will occur within (15) calendar days of the request for the meeting. The decision of the Executive Director shall be given in writing within seven (7) working days of receipt of following the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the Any grievance is which has been processed but not settled within five (5) working days it through the above grievance procedure may be referred submitted to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed in accordance with Article providing such submission is made within five (515) working calendar days of the incident giving rise to last written dispositionby the complaint and be in the form prescribed in Step responding party. Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or initiatedor processed through the next stage of the Grievance or Arbitration Procedure within the time limits specified above shall be deemed to have been droppedconsidered abandoned. HoweverAt any step of the grievance procedure, the time limits specified in the Grievance Procedure imposed upon either party may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bewriting.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are It is mutually agreed that it is the spirit and intent of the utmost importance this Agreement to adjust complaints and grievances as quickly as possiblepossible grievances arising the application, administration, interpretation, or alleged violation of this Agreement. Unless agreed to by both In the event of a dispute between any member or members of the bargaining unit and the Company and in reference to the Unionapplication, no grievance administration, interpretation or alleged violation of this Agreement, the following shall be presentedthe procedure for the adjustment and settlement thereof. STEP Within ten (I 0) working days following the event or knowledge by the employee of the events on which the grievance is founded, or which gave rise to the grievance, the alleged circumstances of which originated or occurredemployee may take the matter up with his department head, or should have come to his designee, by presenting the attention grievance in writing. The employee shall be accompanied or represented by a member of the Grievance Committee. The department head or his designee shall reply in writing within ten (IO) working days of the presentation of the grievance. Failing a settlement of the grievance, or a reply in writing, the employee concerned, more than may proceed to Step STEP Within five (5) working days prior from the expiration of the second ten day period referred to its original presentation in Step the employee, accompanied by the Grievance Committee, comprising up to three employees and a representative of the Regional Office of the Union, if so desired, may take the matter up with the General Manager or his designee. The written grievance and reply, if any, completed in Step must be presented. The General Manager or his designee shall reply in writing within seven (7) working days from the presentation of the grievance under Step Step Unresolved grievances shall then be referred to the General Manager or his designee and the Union Regional Office representative and Local President for further discussion and consideration. Should the grievance remain unresolved, the dispute may, by written notice of either party to the other party, be submitted to binding and final arbitration. Notwithstanding Article any grievance concerning the discharge of an employee may be submitted directly to the Station Manager or his designee at Step A within ten ( calendar days of the discharge. If either of the parties considers that this Agreement is being misunderstood, misinterpreted or violated in any respect by the other, the matter may be submitted as a written grievance shall consist and discussed between representatives of the Company and the Union Grievance Committee who may be accompanied by a dispute concerning interpretation and/or application Union representative. If not satisfactorily settled within ten working days of any Articlethe above meeting, Schedule or Clause either party may refer the matter to arbitration. If either party, following the exercise of the grievance procedure, wishes to refer a matter to arbitration as provided in Article here of, it shall, within thirty (30) days of the completion of the last meeting contemplated in Step hereof, give to the other party to this Agreement. Should a grievance arise it shall be handled Agreement written notice of its intention to arbitrate, at the same time one of the following list of arbitrators as follows. Prior to filing a formal grievance, an employee will, with the assistance of his being not acceptable: ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.Judge ▇▇▇▇▇

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is the mutual desire of the parties to this Agreement are agreed that it is a grievance of the utmost importance to adjust complaints and grievances an employee be resolved as quickly promptly as possible. Unless agreed to by both the Company and the Union, no No grievance shall be presented, considered which usurps the alleged circumstances function of which originated or occurred, or should have come to management. For the attention purpose of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any this Article, Schedule shall not include Saturdays, Sundays or Clause in this AgreementPaid Holidays. Should a Any grievance arise it shall not processed within the said time limits will be handled as follows. Prior deemed to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complainthave been abandoned. The immediate Supervisor shall answer the grievance within five (5) working daystime limits contained herein are deemed to be mandatory. Time limits may only be extended by mutual agreement and such extension must be in writing. The grievance shall form must specify the Article nature of the grievance, the remedy sought and the specific provisions of the Collective Agreement alleged to have been violated. It is understood that an employee has no grievance until has first discussed the issue with immediate Supervisor and given the Supervisor an opportunity to resolve the issue. If no settlement can be reached, then a grievance arising under the Agreement relating to the interpretation, application or Articles and subsections alleged violation of the Agreement of which a violation is alleged, indicate the relief sought and must then be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance submitted in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step after the the Union Grievance Committee and representatives of Management shall meet circumstances, giving rise to discuss the grievance occurred or originated. The grievance must be processed and dealt with in accordance with the terms and provisions set forth in this Article. The employee may, if wishes, be accompanied by ▇▇▇▇▇▇▇ at any stage of this grievance procedure. It is understood that it is the employee's responsibility to arrange for the ▇▇▇▇▇▇▇ to be present. Failing settlement then within five (5) working days of receipt of following the reply of decision under Step the Plant Manageremployee must submit the written grievance to the Director. The Union's National Representative Director will meet with the and review the grievance. A decision in writing will be in attendance at this meeting. If the grievance is not settled rendered within five (5) working days it may be referred from the date on which the grievance meeting was convened. Failing settlement, then; Within five working days following the decision under Step the employee must submit the written grievance to arbitration as hereinafter providedthe Executive Director or designate. The Union Executive Director or designate will meet with the Company may initiate a grievance beginning at Step and review the grievance. A representative of the Grievance ProcedureUnion may attend this meeting if requested to do so by either party. Such A decision in writing will be rendered within five working days from the date on which the grievance meeting was convened. In the event the decision of the Executive Director is not satisfactory to the the may refer the matter to Arbitration in accordance with the provisions of this Agreement. If no written request for Arbitration received within ten (10) working days from the date of the decision under this Step, then the grievance shall be filed deemed to be settled. If it is necessary for a Union ▇▇▇▇▇▇▇ to assist an employee with the presentation of a grievance, shall not leave work without first obtaining the permission of Supervisor. It agreed that a grievance arising directly between the Employer and the Union (a policy grievance) or a grievance claiming the unjust discharge of an employee who has completed probationary period, must be originated under Step above, within five (5) working days of after the incident circumstances giving rise to the complaint grievance occurred or originated and be in the form prescribed in time set out with respect to Step Any such shall apply. However, it is understood that a policy grievance may not be referred used with respect to arbitration under Article by either the Union in the case of a Union grievance complaint or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and that the regular Grievance Procedure grievance procedure shall not thereby be by-passed except where passed. Probationary employees may not access the grievance would affect procedure if discharged during probationary period. All agreements reached under the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through procedure between the next stage representatives of the Grievance Employer and the representatives of the Union, shall be final and binding upon the Employer, the Union and the employees. Notwithstanding the foregoing, the parties may agree to waive or Arbitration Procedure within extend any of the time specified limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the parties. An employee subject to suspension or discharge shall have the right, if so requests, to the presence of the Union ▇▇▇▇▇▇▇ when such discipline is assessed. It is the responsibility of the employee to arrange for the ▇▇▇▇▇▇▇ to be present if so desires. Either party, with the agreement of the other party, may submit a grievance to grievance Mediation at any time after the Employer's decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Failing settlement under the foregoing grievance procedure of any grievance between the parties arising from the interpretation, application, or alleged violation of this Agreement, including any question as to whether the grievance is arbitrable, the grievance may be submitted to Arbitration as set forth below. If no written request for Arbitration within ten working days from the date of the decision under Step above, the grievance shall be deemed to have been droppedsettled. When either party requests that a grievance be submitted to Arbitration as hereinbefore provided, it shall make such request in writing addressed to the other party and at the same time nominate a member to the Board of Arbitration. Within ten (10) working days thereafter, the other party shall nominate a member to the Board of Arbitration and notify the other party. The two (2) nominees so appointed shall confer immediately and shall attempt to select by agreement a Chairman for the Board of Arbitration within ten working days from the date such other party has nominated its nominee. If they are unable to agree upon a Chairman, they shall then request the Minister of Labour for the Province of Ontario to appoint a Chairman. No person may be appointed as a nominee who has been involved in any attempt to negotiate or settle the grievance. The Arbitration Board shall not have the jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the provisions of this Agreement. No matter shall be dealt with at Arbitration that has not been properly carried through all the previous steps of the grievance procedure. The written decision of the majority of the Board of Arbitration shall be final and binding upon the Employer, the Union and the employees. Each of the parties hereto will bear the expense of the nominee appointed by it, and the parties will jointly bear the fees and expenses of the Chairman of the Arbitration Board. The parties may agree to extend or waive any of the time limits prescribed in this Article. However, time limits specified any such agreement shall be expressed in writing and acknowledged by the Grievance Procedure parties. The Employer and the Union may be extended by mutual written agreement in writing between respect to any specific grievance substitute a named umpire for the Company Board of Arbitration provided for herein and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of Umpire shall possess the discharge or suspension. In taking disciplinary action within twenty-four (24) months from same powers and be subject to the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), same limits as the case may be. In taking disciplinary action within twelve 2) months from the date Board of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beArbitration.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purpose of this Agreement are agreed that it Agreement, a Grievance is defined as a difference arising either between a member of the utmost importance bargaining unit and the Society or between the parties relating to adjust the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. The Grievance shall identify the nature of the Grievance, the remedy sought, and should, where possible, specify the provisions of the Collective Agreement which are alleged to have been violated. For the purposes of the collective agreement, means a weekday, Monday to Friday, other than a statutory holiday. It is the mutual desire of the parties hereto that complaints and grievances of employees shall be adjusted as quickly as possiblepossible and it is understood that an employee has no Grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Unless agreed to by both the Company and the UnionIf an employee has a complaint, no grievance such complaint shall be presented, discussed with her immediate supervisor within five working days after the alleged circumstances of which giving rise to the complaint have originated or occurred, or should have come . If the immediate supervisor is unable to adjust the complaint to the attention of mutual satisfaction within five (5) working days, the employee concerned, more than may proceed with the Grievance within five (5) working days prior to its original presentation in writing at Step following the decision of the immediate supervisor. A grievance shall consist Grievance of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in an employee properly arising under this Agreement. Should a grievance arise it Agreement shall be handled adjusted and settled as follows. Prior to filing a formal grievance, an employee will: The employee, with the assistance of his a Union desired, must submit a written grievance, signed and employee to her immediate supervisor. Where, because of of the employee to personally attend to the signing of within the five (5) working day time limit, a ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, refer if dated by the on an informal basis to his immediate Supervisor. If the inability the grievance cannot may sign the grievance on the behalf, provided that the grievance shall be settled as deemed to have been withdrawn unless the employee signs the grievance and provides a result copy of this discussion, then the signed grievance to the immediate supervisor at or prior to the Step meeting (it may be dealt with as follows: STEP The employee is understood that a facsimile copy of the grievance bearing the signature shall a written grievance with his suffice or where otherwise agreed by the Parties). Her immediate Supervisor supervisor will deliver her decision within five (5) working days of following the incident giving rise day on which the written Grievance was presented to the complainther. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt Copies of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with be forwarded to the and Chief the Union ▇▇▇▇▇▇▇ and shall answer who assisted the to reduce the grievance to writing. Failing settlement, then: Within five (5) working days following the decision in Step the employee must submit the written Grievance to the Manager, Health Services. Unless extended by mutual agreement of the parties, in writing, a meeting shall be held, within ten (10) working days of the request, between the Society, an official of the Union, the and the ▇▇▇▇▇▇▇ at which time the Grievance shall be discussed. The decision of the Society shall be given in writing within five (5) working days of such following this meeting. STEP If no settlement is reached at Step Copies of the Society's reply shall be forwarded to the Union Grievance Committee ▇▇▇▇▇▇▇ and representatives Official of Management shall meet the Union who attended at the Step meeting. settlement under the foregoing procedure, either party may submit the matter to discuss the grievance arbitration within five ten (510) working days of receipt of after the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingdecision under Step is given. If the grievance no written request for arbitration is not settled received within five such ten (510) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of day period, the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is Association shall appoint a Grievance Committee of three members and shall file notice annually with the Corporation of the utmost importance names of the Fire Fighters serving on the Grievance Committee. The Corporation shall also be notified of changes in the personnel of the said Grievance Committee which may take place from time to adjust time. No Fire Fighter or group of Fire Fighters shall be permitted to lodge a Grievance with Council, or any member of Council, except as expressly provided for herein. It the mutual desire of the parties that complaints and grievances of Fire Fighters shall be adjusted as quickly promptly as possible. Unless agreed In the first instance, the Fire Fighter shall submit, in writing, any to by both the Company and Officer in charge of his shift within hours of the Unionevent upon which the complaint is based, no (except that if he is on vacation or lieu days when the event occurs, he shall be allowed hours from when he returns to duty to place the complaint). The Officer in charge of the shift shall give his answer, in writing, together with the principal reason therefore within hours of receipt of complaint. If not settled, the alleged grievance shall be presentedsubmitted to the Chief or representative, in writing, within hours of the reply, outlining the alleged facts. The Chief or representative shall give his decision, in writing, together with the principal reasons therefore within hours of receipt of grievance. Continued: If not then settled, the alleged circumstances of which originated or occurred, or should have come Fire Fighter may refer the matter to the attention of Grievance Committee who shall give due consideration to the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A alleged grievance and after having satisfied themselves that there is just cause for grievance they shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise receipt of the answer at Stage submit in writing to the complaintDirector of Community Services details of the grievance. The immediate Supervisor Director of Community Services shall answer meet with the grievance Grievance Committee and the Fire Fighters within five (5) working days. The grievance shall specify the Article or Articles and subsections days of the Agreement receipt of which a violation is allegedthe written grievance and shall give his decision in writing, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied together with the disposition of the grievance at Step the grievance may be referred to the Plant Manager principal reasons therefore within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer meeting. If not then settled, the grievance in writing shall, within five (5) working days of such meeting. STEP If no settlement is reached at Step be submitted in writing to the Chief Administrative Officer who shall meet with the Union Grievance Committee and representatives the Fire Fighter within ten (10) days of Management receipt of the written grievance. The decision of the Chief Administrative Officer shall meet to discuss be given within ten (10) days after the meeting, in writing, together with the principal reasons therefore. If not then settled the grievance shall, within five (5) working days of receipt of be submitted in writing to City Council who shall arrange to meet with the reply of Grievance Committee and the Plant ManagerFire Fighter within a further ten (10) days. The Union's National Representative will decision of City Council shall be in attendance at this meeting. If the grievance is not settled given within five (5) working days, in writing, together with the principal reasons therefore. If not then settled, the grievance shall, within twenty (20) days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step Arbitration by written notice given in accordance with Section subsection of the Grievance ProcedureFire Departments Act. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the In case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Fire Fighters have an alleged grievance, it shall be taken Any complaint difference arising directly between the Association and the Corporation concerning the interpretation or grievance which is not commenced or processed through the next stage violation of the Grievance or Arbitration Procedure within terms and provisions of this Agreement, may be submitted to either party by the other at Stage In determining the time specified within which any step is to be taken under the foregoing provisions of this Article, Saturdays, Sundays and Statutory and declared Holidays shall be deemed excluded. Continued: to permit the conferring parties to have been droppedaccess to the Department, to view disputed operations, and to confer with the necessary witnesses. However, The time limits specified fixed in both the Grievance Procedure and Arbitration procedure may be extended extended, in writing, by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days consent of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beparties to this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purpose of this Agreement are agreed that it Agreement, a grievance is defined as a difference arising either between a member of the utmost importance bargaining unit and the Company or between the parties hereto relating to adjust the interpretation, administration or alleged violation of this Agreement. The grievance shall identify the nature of the grievance, the remedy sought and state that the Agreement has been violated and shall be in the form attached as Schedule or such amended form as the Union shall determine and provide. During a disciplinary discussion, when formal discipline is imposed or at any stage of the formal grievance procedure an employee shall have the right, upon request, to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Company shall notify the employee of his right in advance. It is the mutual desire of the parties hereto that complaints and grievances shall be adjusted as quickly as possible. Unless agreed to by both the Company possible and the Union, it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if so desires. Such complaint shall be presented, discussed with his immediate supervisor within five (5) calendar days after the alleged circumstances of which originated giving rise to it have occurred or occurred, or should ought reasonably to have come to the attention of the employee concerned, more than employee. Failing settlement within the five (5) working days prior to its original presentation calendar days, the following steps of the grievance procedure shall be followed within the time limits provided for otherwise the parties acknowledge that no matter exists. The parties may mutually agree in writing at Step A grievance shall consist of to extend or waive these contractual time limits. to his immediate supervisor within five calendar days following his immediate decision. The employee may be accompanied by a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his union ▇▇▇▇▇▇▇, refer . The immediate supervisor will deliver his decision in writing within three (3) calendar days following the day on an informal basis to his immediate Supervisor. If which the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within was presented to him. Failing settlement then: Within five (5) working calendar days of following the incident giving rise decision in the immediately preceding step, the grievance shall be submitted in writing to the complaintDirector of Operations or his designate. The immediate Supervisor shall answer A meeting will then be held between the grievance within five (5) working days. The grievance shall specify Director of Operations or his designate and the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief designated union ▇▇▇▇▇▇▇ and shall answer who may be accompanied by the grievance in writing union business agent within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working calendar days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case submission of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be unless extended by mutual agreement of the parties in writing. The decision of the Director of Operations shall be delivered in writing between to the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step Union within five three (53) working calendar days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from following the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may besuch meeting.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the UnionAccordingly, no grievance shall be presented, arbitrable where the alleged circumstances of which giving rise to it occurs or originated or occurred, or should have come to the attention of the employee concerned, more than five ten (5IO) working days prior before the filing of the grievance at Step It is generally understoodthat an employee has no complaint or grievance until he, either directly or through the Union, has first given his immediate supervisor an opportunity to its original presentation adjust the complaint. after registering the complaint with the supervisor and such complaint is not settled within two (2) regular working days or within any longer period which may have been agreed to by the parties, then the following Steps of the Grievance Procedure may be invoked: The grievance shall be submitted in writing at Step A grievance eitherdirectlyorthrough the Unionto the Human Resources Manager within ten (10) working days of the circumstances giving rise to the grievance. The Human Resources Manager or Operations Manager shall consist of hold a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with meetingwith the assistance of his ▇▇ ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ within a further five (5) working days and shall answer communicate his position to the grievance in writing employee within three (3)working days of such meeting. If the matter is not settled, then within three (3)working days of the Human Resources Manager or Operations Manager reply, the Union Staff Representative may request a meeting with the Company’s Management. In such cases the meetingshall be held betweenthe Company and the UnionStaff Representativeand the Union ▇▇▇▇▇▇▇ involved the Chief ▇▇▇▇▇▇▇ as soon as is practicably possible, but no later than two (2) weeks after the Company receives notification from the Union that such meeting is desired. If the matter is not disposed of at such a meeting, the Company Representative shall render his written decision to the Union within five (5) working days. If the Union wishes to proceed to arbitration, the Union shall, within ten days after the receipt of the Company’s written decision, deliverto the Company a notice inwriting stating that it wishes to take the matter to arbitration. The notice to arbitrate shall contain the name and address of the Union’s proposed Arbitrators and must also specify the issues in dispute and the remedy sought. Thereafter the shall confer to select an agreeable arbitrator. A claim by an employee, other than a probationary employee, that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such meeting. STEP If no settlement grievance is reached at Step lodged with the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance Human Resources Manager within five ten (51O) working days of receipt of after the reply of employee ceases to work for the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance ProcedureCompany. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such special grievance may be referred settled by: confirming the Management’s action to arbitration under Article by either discharge or suspended the Union employee, or reinstatingthe employee with full seniority and compensation for lost wages and benefits, or any other arrangement, which in the case opinion of a Union grievance the parties, or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute Arbitrator, is just and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beequitable.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purpose of this Agreement are agreed that it Agreement, a Grievance is defined as a difference arising either between a member of the utmost importance bargaining unit and the Society or between the parties relating to adjust the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. The Grievance shall identify the nature of the Grievance; the remedy sought, and should, where possible, specify the provisions of the Collective Agreement which are alleged to have been violated. For the purposes of the Collective Agreement, "working day" means a weekday, Monday to Friday, other than a statutory holiday. It is the mutual desire of the parties hereto that complaints and grievances of Employees shall be adjusted as quickly as possiblepossible and it is understood that an Employee has no Grievance until she has first given her immediate Supervisor the opportunity of adjusting her complaint. Unless agreed to by both the Company and the UnionIf an Employee has a complaint, no grievance such complaint shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, discussed with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his her immediate Supervisor within five (5) working days of after the incident circumstances giving rise to the complaintcomplaint have originated or occurred. The If the immediate Supervisor shall answer is unable to adjust the grievance complaint to the mutual satisfaction within five (5) working days. The grievance shall specify , the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied Employee may proceed with the disposition of the grievance at Step the grievance may be referred to the Plant Manager Grievance within five (5) working days after receipt following the decision of the immediate Supervisor's reply at Step . A Grievance of an Employee or Employer arising under this Agreement shall be adjusted and settled as follows. The Plant Manager shall convene a meeting Employee, with the assistance of a Union ▇▇▇▇▇▇▇, if desired, must submit a written grievance, signed and Chief dated by the Employee, to her immediate Supervisor. Where, because of the inability of the Employee to personally attend to the signing of the grievance within the five (5) working day time limit, a ▇▇▇▇▇▇▇ and shall answer may sign the grievance on the Employee's behalf, provided that the grievance shall be deemed to have been withdrawn unless the Employee signs the grievance and provides a copy of the signed grievance to the immediate Supervisor at or prior to the Step meeting (it is understood that a facsimile copy of the grievance bearing the signature shall suffice or where otherwise agreed by the Parties). Her immediate Supervisor will deliver her decision within five (5) working days following the day on which the written Grievance was presented to her. Copies of the immediate Supervisor's reply shall be forwarded to the and the Union ▇▇▇▇▇▇▇ who assisted the to reduce the grievance to writing. Failing settlement, then: Within five (5) working days following the decision in Step I,the Employee must submit the written Grievance to the Manager, Community Health Services. Unless extended by mutual agreement of the parties, in writing, a meeting shall be held, within ten working days of the request, between the Society, an official of the Union, the and the ▇▇▇▇▇▇▇ at which time the Grievance shall be discussed. The decision of the Society shall be given in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at following this meeting. If Copies of the grievance is not settled Society’s reply shall be forwarded to the Union ▇▇▇▇▇▇▇ and Official of the Union who attended at the Step meeting. Failing settlement under the foregoing procedure, either party may submit the matter to arbitration within five (5) ten working days it may be referred to after the decision under Step is given. If no written request for arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of is received within such ten working day period, the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beabandoned.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no No grievance shall be presented, considered: Which usurps the alleged circumstances of which originated or occurred, or should have come to the attention function of the employee concernedManagement, as set out in this Agreement; or Where the circumstances giving rise to it occurred or originated more than five (5) full working days prior before the filing of the grievance, except in the case of a grievance involving the computation of pay, in which case the grievance may be filed within five (5) days after receipt of pay. At the time formal discipline is imposed or any stage of the grievance procedure the Employer shall notify the employee of the right to its original presentation have a ▇▇▇▇▇▇▇ present. The time limits set out in both the grievance and arbitration procedures herein including discharge grievance are mandatory and failure to comply with such limits, except by the agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section (6) of the Labour Relations Act. Such time limits shall exclude Saturdays, Sundays, and paid holidays. It is understood that an employee has no grievance until the matter has been referred Po his immediate supervisor and an opportunity given to adjust the complaint. The aggrieved employee shall present his grievance in writing at Step A grievance to his immediate supervisor. He shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with have the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor▇ if he so desires. If a settlement satisfactoryto the grievance canemployee concerned is not be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor reached within five (5) working days of (or any longer period which may be mutually agreed upon) the incident giving rise to the complaint. The immediate Supervisor shall answer next step in the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance procedure may be referred to the Plant Manager taken at any time within five (5) working days after receipt of the immediate Supervisor's reply at Step thereafter. The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the aggrieved employee may submit his grievance in writing to the Administrator. The Union Grievance Committee as constituted under Article hereof may be present at this stage at the request of either party. The same Committee may have the assistance of a General Representative of the Union if they so desire. If a final settlement of the Grievance under hereof is not completed within five ten (5IO) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee after deliberations have commenced and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If if the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union one concerning the application, administration, interpretation, or alleged violation of this Agreement, the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union party to a Board of Arbitration as provided in the case of a Union grievance or the Company in the case of a Company grievance. The Union may Article at any time within ten (1 days thereafter, but not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may belater.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Employer and the Union agree that discussions should occur between employees, Local Union Representatives and Employer representatives when problems or differences arise, in an attempt to this Agreement are agreed that it resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, Local Union Representatives and Employer representatives. If any difference concerning the interpretation, application, operation or alleged violation of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both Agreement arises between the Company Employer and the Union, no grievance shall be presentedor between the and the Employer, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled processed according to the following grievance procedure. Nothing in this provision deprives of any rights or remedies to which they are entitled in any legislation. Grievances involving the interpretation, application, operation or alleged violation of the Agreement, including any question as followsto whether a matter is arbitrable, must have the approval and support of Union before being filed. Prior The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and designated paid holidays pursuant to filing a formal grievance, an employee will, with the assistance Article of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisorthis Agreement shall be excluded. If the time limits set out in Complaint Step, Step or Step of the grievance canprocedure are not complied with,then the grievance will be settled considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits. If the Employer fails to meet a result time limit, the Union, at its option, may either advance the grievance to the next step or await the Employer’s response, in which case no time limit shall apply against the Union until it has received the Employer’s response. shall have the right to be represented by a Local Union Representative at any step of this discussion, then it the grievance procedure. At either the Complaint Step or Step the Employer representative may be dealt with as follows: STEP assisted by a Human Resource or other representative. The Local Union shall be given full opportunity to present evidence and make representations in the grievance procedure. The and the Local Union Representative shall be able to attend such meetings without loss of pay. The employee shall be advised by the Employer of their right to have a written grievance with his immediate Supervisor within Local Union Representative present at any disciplinary meeting or at any meeting or discussion held to investigate alleged misconduct of the Steps of the Grievance Procedure STEP 1: Complaint: Within twenty five (525) working days of the incident date upon which the employee did become, or ought reasonably to have become, aware of the matter giving rise to the complaint. The immediate Supervisor shall answer , the grievance within five (5) working days. The grievance shall specify and/or the Article or Articles and subsections Union may submit a written complaint to the CEO of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employeeCorps. STEP Should the employee be dissatisfied with the disposition Within ten (10) days of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager complaint the Employer representative shall convene meet or discuss with, and provide a meeting with written response to, the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Local Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may berepresentative.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purpose of this Agreement are agreed that it Agreement, a grievance or complaint is defined as a difference arising either between a member of the utmost importance bargaining unit and the Hospital or between the parties hereto relating to adjust the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement that are alleged to have been violated. It is the mutual desire of the parties hereto that complaints and grievances shall be adjusted as quickly as possible. Unless agreed to by both the Company , and the Union, it is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. The may have the assistance of a committee member if she so desires. Such complaint shall be presented, discussed with her immediate supervisor within five (5) days after the alleged circumstances of which originated giving rise to it have occurred or occurred, or should ought reasonably to have come to the attention of the employee concerned, more than employee. Failing settlement within the five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Articledays, Schedule or Clause in this Agreement. Should a grievance arise it shall then be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled taken up as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. days following her immediate supervisor's decision in the following manner and sequence: The grievance employee shall specify submit the Article or Articles grievance, in writing, and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by her, to (designated by Hospital as referenced in the local provisions). A committee member may accompany the employee. STEP Should The (designated by Hospital as reference in the employee local provisions) will deliver her decision in writing to the committee member within five (5) days following the day on which the written grievance was presented to her. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be dissatisfied with submitted in writing to the disposition (designated by Hospital as referenced in the local provisions). A meeting will then be held between the (designated by Hospital as referenced in the local provisions) and the designated Union representatives who may be accompanied by the general representative of the Union, within five (5) days of the submission of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered to the Union in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working ten days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from following the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may besuch meeting.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. It is the intent of grievance procedure to provide for the administration of this Agreement by providing this sole and exclusive procedure to be utilized by a Teacher, the Association, or the School for the prompt discussion and final and binding settle- ment of any grievance, without stoppage of work, arising the interpretation, application, administration or alleged violation of this Agreement. The term “grievance” shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of this Collective Agreement, including any questions as to whether a matter is arbitrable. The parties to this Agreement are agreed agree that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed The School shall be under no obligation to by both consider or process a grievance unless the Company and Teacher has discussed the Union, no problem with the Principal. A Teacher's written grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with presented as follows: STEP The employee shall a A Teacher's written grievance must be presented to his Principal with his immediate Supervisor a copy to the Director of Education within five ten (510) working school days of or thirty calendar days whichever shall be less the incident the circumstances giving rise to the complaintgrievance were known or should have been known to the but not thereafter. The immediate Supervisor written grievance shall answer set forth a brief outline of the grievance facts giving rise to the grievance, the specific sections of the Agreement which are alleged to have been violated, the remedy sought, and shall be signed and dated by the A meeting shall be held between the Association and the School, such meeting to take place within five seven (57) working School days. The grievance response to this meeting be given within seven (7) School days and this response shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at terminate Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meetingNo. If the grievance is not settled at Step No. the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to the other party within five ten (510) working School days, if this ten (1O) day begins and ends in the same School Year,or at any other time, within fifteen (15) calendar days it may after receipt of the Step response, but not thereafter. If the request for arbitration is not given within the above specified time the decision in Step No. shall be referred final and binding on both parties to arbitration as hereinafter providedthis Agreement, and upon any involved. The Union or the Company may initiate a grievance beginning at Step request for arbitration shall all of the Grievance Procedureoutstanding issues of the written grievance to be dealt with by the arbitrator and the remedies sought. Such grievance The party giving such notice shall be filed within five (5) working days of bound by the incident giving rise same and shall be restricted at arbitration to the complaint and be in issues presented by the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may benotice.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purposes mentionedin this Agreement are agreed that it is article, the Chief ▇▇▇▇▇▇▇ or the Deputy Chief ▇▇▇▇▇▇▇ may perform the functions of the utmost importance to adjust complaints and grievances as quickly as possibleChief ▇▇▇▇▇▇▇. Unless agreed to by both In the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention absence of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule Chief ▇▇▇▇▇▇▇ or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his Deputy Chief ▇▇▇▇▇▇▇, refer any one (1) member of the Executive Committee may perform the functions of the Chief ▇▇▇▇▇▇▇. The alleged grievance shall be presented to the appropriate immediate supervisor in writing on an informal basis to his immediate Supervisora form provided by the Union and acceptableto the University. If Such form shall include: (a) the grievance cannot be settled as a result nature of the grievance, the remedy sought, and, the paragraphor paragraphs of this discussion, then it may be dealt with Agreement alleged to have been violated. The grievance is described as followsan alleged violation of: STEP the CollectiveAgreement the Ontario Human Rights Code the Employment Standards Act of Ontario other applicable Province of Ontario Employment related legislation. The employee shall be assisted in the presentationof the grievance by the Union ▇▇▇▇▇▇▇ of the employee's choice. Failing a written grievance with his immediate Supervisor settlement, the supervisor shall deliver the decision in writing to the employee and the Union within five (5) working days of following the incident giving rise presentationof the grievance. If not settled at Step the written grievance may be submitted by the to the complaint. The immediate Supervisor shall answer the grievance Department Head or a nominee within five (5) working days. The grievance shall specify the Article or Articles and subsections days of the Agreement of which decision in Step The Department Head or a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied nominee shall meet with the disposition of Chief ▇▇▇▇▇▇▇ and/or the grievance at Step ▇▇▇▇▇▇▇, or with the grievance may be referred to the Plant Manager Grievance Committee (as established in Article 20.02) within five (5) working days after receipt following the presentation of the immediate Supervisor's reply at Step grievance. The Plant Manager Department Head shall convene a meeting with deliver the and decision to the Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meetingfollowingthe presentationof the grievance. STEP If no settlement is reached not then settled at Step the written grievance may be submitted by the and the Chief ▇▇▇▇▇▇▇ to the Assistant Vice-president, Human Resources or designatewithin five (5) days the decision in Step The Assistant Vice-president, Human Resources, or designate, shall meet with the grievance committee, hereinafter constitutedwithin fifteen (15) days following the presentationof the grievance. There may be present a representativeof the Union if requested by either party and such others as the Assistant Vice-president, Human Resources, or designate, considers necessary. The Assistant Vice-president, Human Resources, or designate, shall render a decision in to the chairpersonof the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days following the Step above meeting. Step If the Union Grievance Committee is not satisfied with the decision at Step it may, within (15) days of receipt such decision, demand in writing that the matter be taken to arbitration in accordance with the procedure set out hereunder. The time limits mentionedin both the grievance and complaint procedure Time Limits may be extended by agreement between the Union and the appropriate University official and must be confirmed in writing. Where no such agreement has been made or where an agreed extension has expired: (a) the Union GrievanceCommitteemay proceed to the next step of the reply procedure if the appropriate University official exceeds the time allowed to act, the University may consider the grievance abandoned if the Union exceeds the time allowed to act. A complaint or grievance arising directly between the Universityand the Unionwith respectto either: (a) a matter of policy, interpretation or general applicationof the Collective Agreement arising from a decision of the Plant Manager. The central University administration, or a decision or action of the University administrationor departmental management that affects three (3) or more employees, or an action of the Union's National Representative will considered prejudicial by or to the University Group Grievance may be lodged by the grieving party at Step by convening or demandingthe convening of a meeting as outlined at Step within twenty (20) days of the occurrence complained of. If a mutually agreeable solution cannot be reached at such meeting, then the grieving party may demand the be taken to arbitration by notice in attendance at this writing to the other within fifteen (15) days following such meeting. If Should the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or grieving party exceed the Company may initiate a grievance beginning at Step of above time limit, the Grievance Procedure. Such grievance shall be filed within five (5) working days of considered to have been abandoned. Grievances permitted by this clause shall be lodged by the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either University with the Union in Local President and by the case of a Union grievance with the Assistant Vice-president, Human Resources or the Company in the case of a Company grievancedesignate. The Union It is expressly understood that this procedure may not institute be used with respect to a grievance directly situation primarily affecting an any employee or employees which such employee or employees could themselves institute and raise as an individual grievance thereby by-passing the regular Grievance Procedure grievance procedure. It is further understood that the provision for the extension of time limits by agreement shall not thereby apply to this Article. Where two (2) or more employees have identical grievances and each employee would be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude entitled to grieve separately, they may present a group grievance signed by a group of employees commencing in writing at Step Any complaint or grievance which is not commenced or processed through the next stage step two of the Grievance or Arbitration Procedure within the time specified grievance procedure. Nothing herein shall be deemed to have been droppedpreclude an employee from discussing Employeel problems personal or job related, with line supervision or members of the Supervisor Human Resources as appropriate. However, time limits specified Any discussions between a representative Discussions of the Universityand the directly related to an outstanding grievance as defined in this article must be with Union representation. The University or any of its representatives shall not make any arrangements Agreement with an employee which are inconsistent with the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Unionprovisionsof this Collective Agreement. An employee who shall have the right to have ▇▇▇▇▇▇▇ present at any discussionwhich the supervisor has been discharged or suspended may file identifiedas disciplinary in nature. The supervisor will encourage the employee to exercise right to be accompaniedby a written grievance at Step within five (5) working days of ▇▇▇▇▇▇▇, if the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beemployee so chooses.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are It is mutually agreed that it is the spirit and intent of the utmost importance this Agreement to adjust complaints and grievances as quickly as possiblepossible grievances arising from the application, administration, interpretation, or alleged violation of this Agreement. Unless agreed to by both In the event of a dispute between any member or members of the Bargaining Unit and the Company and in reference to the Unionapplication, no grievance administration, interpretation or alleged violation of this Agreement, the following shall be presentedthe procedure for the adjustment and settlement thereof. Within ten (10) working days following the event of knowledge by the employee of events upon which the Grievance is founded or which gave rise to the Grievance, the alleged circumstances employee make take the matter up with their Department Head or designee, by presenting the Grievance in writing The employee shall be accompanied or represented by a member of which originated the Grievance Committee. The Department Head or occurreddesignee shall reply in writing within ten (10) working days of the presentation of the grievance. Failing a settlement of the grievance, or should have come to the attention of a reply in writing, the employee concerned, more than may proceed to Step Within five (5) working days prior from the expiration of the second ten (10) day period referred to its original presentation in Step the employee, accompanied by the Grievance Committee, comprising up to three employees and a representative of the Regional Office of the Union, if so desired, may take the matter up with the General Manager or designee. The written grievance and reply, if any, completed in Step must be presented. The General Manager or designee shall reply in writing within seven (7) days the presentation of the grievance under Step Unresolved Grievances shall then be referred to the General Manager or designee, and the Union Regional Office Representative and Local President for discussion and consideration. Should the grievance remain unresolved, the dispute may, by written notice of either party to the other party, be submitted to binding and final arbitration. Notwithstanding Article any grievance concerning the discharge of an employee may be submitted directly to the Station Manager or designee at Step A within ten (10) calendar days of the discharge. If either of the parties considers that Agreement is being misunderstood, misinterpreted or violated in any respect by the other, the matter may be submitted as a written grievance shall consist and discussed between representatives of the Company and the Union Grievance Committee who may be accompanied by a dispute concerning interpretation and/or application Union representative. If not satisfactorily settled within ten (10) working days of any Articlethe above meeting, Schedule or Clause either party may refer the matter to arbitration. If either party, following the exercise of the grievance procedure, wishes to refer a matter to arbitration as provided in Article here of, it shall, within thirty (30) days of the completion of the last meeting contemplated in Step hereof, give to the other party to this Agreement. Should a grievance arise it shall be handled Agreement written notice of its intention to arbitrate, at the same time one of the following list of arbitrators as follows. Prior to filing a formal grievance, an employee will, with the assistance of his being not acceptable: ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and shall answer Judge ▇▇▇▇▇ The party receiving the grievance in writing said notice of intention to arbitrate shall, within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.two

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance Grievances properly arising under this Agreement shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five adjusted and settled as follows: Within ten (5IO) working days prior after the circumstancesgiving rise to its original presentation in writing at Step A grievance occurred or originated,theaggrieved employeewith his business representativemay present his grievance, which shall consist of a dispute concerning interpretation and/or application of any Articlebe reduced to writing, Schedule or Clause in this Agreementto the Employer. Should a grievance arise it shall no settlement satisfactory to the employee be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor reached within five (5) full working days, and if this grievance is one which concerns the interpretationor alleged violation of the Agreement, the grievance may be submitted to arbitration as provided in Article below any within ten (10) working days thereafter but not later. Grievances dealing with alleged violations of payment for hours of work, rates ofpay, overtime, premiums (shift and compressed air), travellingexpenses, room and board allowances, reporting allowances, but not including grievances arising out of classification assignment, may be brought forward at Step No. within two (2) months after the incident circumstancesgiving rise to the grievanceoccurred or originated. Grievances dealing with payment of Pension contributions,Welfarecontributions,industry Fund contributionsand dues, may be brought forward at Step No. within ninety (90) days after the circumstances giving rise to the complaintgrievancebecame know or ought reasonably to have become to the Union. is furtherunderstood that the adjustmentof any such grievancemay be retroactiveto the first day ofalleged violation within the two (2) month period. The immediate Supervisor shall answer written grievanceshall contain a statementofthe nature the grievance within five (5) working days. The grievance shall specify remedy sought and the Article section or Articles and subsections sections of the Agreement of which are alleged to have been violated and may not be subject to change at a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter providedlater date. The Union or shall provide the Company may initiate Association with a copy of any grievance beginning at Step of the Grievance Procedurefiled against an individual Employer. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which timewhich is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the allowed, Sundaysand StatutoryHolidaysshall however, any time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure limit may be extended by mutual agreement in writing between writing. In the Company event the Union does not pursue a grievance in a reasonable manner or time, such grievance shall be deemed abandoned. It is understood and agreed that the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days , including the Union's Collection Control Office, shall provide the following to the Masonry Contractors' Association of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.Toronto Inc.;

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. under this agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this agreement, including any questions as to whether the matter is arbitrable, and an allegation that this agreement has been violated. Should any difference arise between the Employer and an employee or employees, it will be dealt with in the following manner: Stage One The parties to this Agreement are agreed that it is employeeconcerned, who may be accompanied ▇▇▇▇▇▇▇ shall, within eight (8) days of the utmost importance alleged grievance refer the matter in writing to adjust complaints and grievances as quickly as possible. Unless agreed her immediate supervisor who shall give her answer in writing to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the such employee concerned, more than within five (5) working days prior to its original presentation in writing at Step A following the date on which the grievance was delivered. All grievance forms shall contain only one grievance. The written grievance shall consist of contain a dispute clear and concise statement concerning interpretation and/or application of any Article, Schedule or Clause in this Agreementthe alleged grievance and the people involved. Should a The grievance arise it shall be handled as followsreturned to the employee if it fails to comply with these requirements and the employee shall have an additional five (5) days to re-file the grievance in conformity with this section. Prior Two Should any employee feel that her grievance has not been satisfactorily settled, she may within five (5) working days of her supervisor's decision appeal to filing the Employer's Administrator. This may be done by a formal grievancecommitteecomprised of the employee, an employee will, with the assistance of his her ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussionUnion representative who will, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise date on which the answer was received, present the written grievance and reply to the complaint. The immediate Supervisor Administrator who shall answer discuss the grievance within five (5) working days. The grievance shall specify the Article or Articles matter with such committee and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within give her decision in writing no later than five (5) working days after the written presentation has been given to him. If a satisfactory settlement of the grievance is not reached under the foregoing procedure, either party may refer the matter to arbitration within ten (10) days of the receipt of the immediate Supervisoranswer to Stage Two. Time limits shall be computed by excluding Saturday, Sunday, paid holidays and employee's reply at Step The Plant Manager shall convene a meeting with regular days off. Failure of the and Chief ▇▇▇▇▇▇▇ and shall answer Union to meet its time limits will cause the grievance in writing to expire and neither it nor the same subject matter shall be further considered or made the subject of a further grievance. Failure of the Employer to meet its time limits shallpermit the aggrieved employee to take the grievance to the next succeeding step, provided she presents the grievance at this next step within five (5) working days after the expiration of such meetingthe said time limit. STEP If no settlement is reached at Step Should a second grievance occur on the the Union Grievance Committee and representatives of Management shall meet to discuss same subject matter as the grievance within five (5) working days of receipt of in process, the reply of said second grievance shall not be considered while the Plant Manageroriginal grievance is being considered. The Union's National Representative second grievance will be in attendance at this meeting. If considered as being presented only after the first grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bedisposed of.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it recognize the Stewards and the Representatives specified in Article as the agents through which employees shall process their grievances and receive settlement thereof. Neither the Employer nor the Union shall be required to consider or process any grievance which arose out of any action or condition more than ten (10) workdays after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the utmost importance action or condition has ceased. The limitation period shall not apply to adjust complaints and grievances as quickly as possible. Unless agreed to by both differences arising between the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come parties hereto relating to the attention interpretation, application or administration of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should A "Policy Grievance" is defined as one which involves a grievance arise it shall be handled as follows. Prior question relating to filing a formal grievancethe interpretation, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result application or administration of this discussion, then it Agreement. A Policy Grievance may be dealt with as follows: STEP The employee submitted by either party to arbitration under Article by-passing Step and Step Such Policy Grievance shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and or a Representative, or in the case of an Employer's Policy Grievance, by the Employer or his representative. A "Group Grievance" is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or a Representative on behalf of a group of employees who have the same complaint. Such grievance must be dealt with at successive stages of the Grievance Procedure commencing with Step The shall answer be listed on the grievance form. Step Any employee having a grievance will, accompanied by a ▇▇▇▇▇▇▇ or a Representative, submit the same to his immediate supervisor within ten (10) workdays of the act or condition causing the grievance. This is a mandatory time limit. This supervisor will deal with the grievance not later than the fifth (5th) workday following the day upon which the grievance is submitted and will the and the Union Representative of his decision in writing. Step If the grievance is not settled under Step a Union Representative may, within five (5) workdays of the decision under Step or within five (5) workdays of the day this decision should have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall the and the Union Representative of his decision in writing within five (5) working days of such workdays following said meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet Due to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within distances, the time specified limits beyond Step shall be deemed remain flexible in order to have been dropped. However, time limits specified in deal fairly with the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beGrievance.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no No grievance shall be presented, considered where the alleged circumstances of which giving rise to it occurred or originated or occurred, or should have come to more than ten (10) calendar days before the attention filing of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in grievance. Grievances properly arising under this Agreement. Should a grievance arise it Agreement shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be adjusted and settled as a result of this discussion, then it may be dealt with as follows: STEP The aggrieved employee shall submit grievance in writing to the Union Grievance Committee. The Union Grievance Committee shall then present the grievance in writing to the Department Head the Administrator. If a written grievance with his immediate Supervisor settlement satisfactory to the employee andor the Union Grievance Committee is not reached within five (5) working days, excluding Saturday and Sunday, or any longer period which may be mutually agreed upon, the grievance may be presented as follows: The Union Grievance Committee, after having completed the procedure set forth in Step (a) hereof, may present the grievance to the Manager, Human Resources for the County who shall arrange a meeting within ten (10) days of the incident giving rise receipt of request the Union with the appropriate Committee of Council to consider the complaintgrievance. The immediate Supervisor shall answer At this state the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections aggrieved employee may be accompanied by a representative of the Agreement of which a violation Union if presence is alleged, indicate the relief sought and be signed requested by the employeeeither party. STEP Should the employee be dissatisfied with the disposition If final settlement of the grievance at Step is not completed within seven days deliberations have commenced between the Union Grievance Committee and the appropriate Committee of Council, and if the grievance is one which concerns the interpretation of alleged violation of the Agreement, the grievance may be referred by either party to the Plant Manager within five (5) working Board of Arbitration as provided herein at any time days after receipt of thereafter, but not later. Replies to grievances shall be in at all times. Grievances settled satisfactorilywithin the immediate Supervisor's reply at Step The Plant Manager time allowed shall convene a meeting with date the and Chief ▇▇▇▇▇▇▇ and shall answer time that the grievance in writing within five (5) working days of such meetingwas filed. STEP If no settlement is reached at Step The Corporation shall supply the the Union Grievance Committee and representatives of Management shall meet to discuss necessary facilities for the grievance within five (5) working days meetings. Where dispute involving a question of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union general application or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance interpretation occurs or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or the Union has a grievance, such a question or grievance which is not commenced or processed through may be directly submitted to the next stage appropriate Committee of Council for consideration and any prior steps of the Grievance or Arbitration Procedure within the time specified shall may be deemed to have been droppedbypassed. However, The time limits specified set forth in the Grievance Procedure may be extended by at any time upon the mutual agreement in writing between of the Company Corporation and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed Both the Company and the Union agree that it avoiding unnecessary grievances and the handling of oral grievances is dependent on the understanding and the combined cooperation of the utmost importance to adjust complaints management and union representatives. Should grievances as quickly as possible. Unless agreed to by both arise between the Company and the Union, no grievance shall be presentedor employees, as to the alleged circumstances meaning and application of which originated the provisions of this agreement, or occurredas to the compliance of either party with any of its obligations under this agreement, or should have come to the attention there be any complaint or grievance by any employee of the bargaining unit or the union or the company, there shall be no written grievance until an ▇▇▇▇▇▇▇ effort has been made to discuss and resolve the grievance between the effected parties. FIRST, between the employee concernedaffected and the supervisor, more than five or between the Union Committeeman representing the department the effected employee and the supervisor. Such a meeting will take place within two (52) working days prior excluding Saturday, Sunday and Holidays from the time the Union representative requests the meeting. Any resolution attained at this meeting will be without prejudice or precedent to its original presentation in writing at Step A either party. If the dispute is still unresolved, a formal grievance shall consist will be written and submitted to the second step of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as followsthe procedure. Prior to filing a formal grievanceany written grievance being accepted into the second step of the procedure, an the above meeting must have taken place, and all relevant facts documented. SECOND, between the Union chairperson and the Labour Relations Manager. The employee willinvolved, with the assistance of his area Union ▇▇▇▇▇▇▇, refer Supervisor, and/or Department Head may also be involved. Depending on the on an informal basis to his immediate Supervisor. If seriousness of the grievance cannot be settled as issue, the National Union representative and a result representative of this discussion, then it the Company's General Office may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor included. A meeting for discussing grievances at this step will take place within five fifteen (515) days of the submission to this step, unless otherwise mutually agreed to. Management's decision will be given in writing within ten (1 0) working days from the conclusion of the incident giving rise meeting. Policy grievances can be submitted directly to the complaintLabour Relations Manager and if unresolved will be moved to arbitration. The immediate Supervisor shall answer It is understood that Union policy grievances are limited to such areas as the grievance within five (5) working days. The grievance shall specify the Article claim of incorrect interpretation or Articles and subsections administration of the Agreement or other action which may affect the collective interests of the bargaining unit. Subject to all established plant rules, a representative of the National Union shall at the request of the Union chair, be permitted to enter the for the purpose of obtaining necessary information pertaining to any grievance which a violation is alleged, indicate has reached the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition second step of the grievance procedure. THIRD, when a grievance, which alleges a violation or misinterpretation of this Agreement, has not been settled at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt step two, or when there is a question of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with of an issue, either party may move the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in question to arbitration. A claim that either the case company or the union has violated some provision of a Company this contract or failed to perform some obligation assumed under this contract, is an "arbitrable grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure " within the time specified shall meaning of this contract. Notice of appeal to arbitration must be deemed given by the moving party to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step other within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.thirty

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is For purposes of the utmost importance Collective Agreement, a grievance is defined as a difference arising between the parties relating to adjust the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this article, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement. It is the mutual desire of the parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company and the Union, It is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint orally or in writing. If any employee has a complaint, he shall be presented, discuss it with his immediate supervisor within five (5) days after the alleged circumstances of which originated giving rise to the complaint have occurred or occurred, or should ought to have reasonably come to the attention of the employee concerned, more than employee. The supervisor shall give his response to the complaint within five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Articleand, Schedule or Clause in this Agreement. Should failing settlement, it may be then taken up as a grievance arise it shall be handled as followswithin five (5) days after being advised of the immediatesupervisor’s decision in the following manner and sequence: If the employee wishes, he may go directly to step of the grievance procedurewithout following the process outlined above. Prior to filing a formal grievance, If an employee willdecides to go directly to step he must file his grievance under step within five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee. The employee, with who may request the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis may present his grievance to his immediate Supervisorsupervisor. If The grievance shall be in writing on a grievance form approved by the Company and the Union. The grievance cannot shall be settled as a result signed by the employee and shall includethe nature of this discussionthe grievance, then it may be dealt with as follows: STEP The employee the remedy sought and the provisions of the Agreement which are alleged to have been violated. Failing settlement, the immediate supervisor shall a written grievance with deliver his immediate Supervisor decision inwriting within five (5) working days following the presentation of the incident giving rise grievance to the complainthim. The immediate Supervisor shall answer the grievance within Failing Settlement: Within five (5) working days. The grievance shall specify days after the Article or Articles and subsections decision in which Step is given, the employee, who may request the assistance of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer ▇, may submit the grievance in writing to his Human Resources Manager or his designate who shall deliver his decision in writing within five (5) working days of such meetingfollowing the presentationof the grievance to him. STEP If no settlement is reached at Where an employee’s immediate supervisor and the Human Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step the who may have the assistance of the Union Grievance Committee and representatives of Management shall meet to discuss ▇▇▇▇▇▇▇, may submit the grievance in writing to the Store Manager or his designate. A meeting will then be held between the Store Manager or his designate and the employee and the Union ▇▇▇▇▇▇▇. Such meeting shall be held within five (5) working days of receipt submission of the reply grievance at Step unless extended by agreement of the Plant Managerparties. It is understood and agreed that a staff representativeof the Unionshall be present at such meeting at the request of either party and that the Company may also have such counsel and assistance as it may desire. The Union's National Representative will decision of the Store Manager or his designate shall be delivered in attendance at this meeting. If the grievance is not settled writing within five (5) working days it may be referred to arbitration as hereinafter providedfollowing the date of such meeting. The Union or It is agreed that a policy grievance arising directly between the Company may initiate a grievance beginning at Step of and the Grievance Procedure. Such grievance Union shall be filed within five (5) working days of originated under Step and the incident giving rise time limits set out with respect to the complaint and be in step shall appropriatelyapply. It is understood, however, that the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case provisions of a Union grievance or the Company in the case of a Company grievance. The Union this section may not institute be used with respectto a grievance remedy directly affecting an employee or employees which such employee or employees could themselves institute and that the regular Grievance Procedure grievance procedure shall not be thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Unionbypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. A claim by an employee who has completed his probation period that he has been discharged or suspended may file shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step of the grievance procedure within five (5) working days of after the date the discharge or suspensionsuspension is effected. In taking disciplinary action within twenty-four (24) months from Such grievance may be settled under the date of a suspension grievance or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.arbitration procedure by:

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties procedure to this Agreement are agreed that it is be followed in the adjusting of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no any dispute or grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as followsbe: STEP The employee shall with a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and a delegate from management shall answer the grievance in writing endeavour to adjust within five three (53) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss alleged grievance but, failing suitable adjustments, the grievance with full explanation, shall be put in writing and a copy thereof, supplied by the employee to both the grievance committee and the management within five two (52) working days of receipt after the superintendent and employee have failed to agree. The grievance committee, the employee, a representative of the reply Union and plant manager with representatives of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled management shall meet within five ten (51O) working days it after receiving notice of the Company’s written response to Step It is understood that not more than one (1) representative of either the Union or management may not be referred to arbitration as hereinafter provideda regular employee of the Company. The Failing a satisfactory adjustment of the grievance, after the above procedure has been completed, where the Union or the Company may initiate wishes to submit a grievance beginning to arbitration, it must do so by notice in writing to the other party not later than fifteen (15) working days after receiving the written response at Step of the Grievance Procedure. Such The grievance shall be filed submitted to a sole arbitrator chosen by mutual agreement. If the parties fail to agree upon a neutral arbitrator within five fifteen (515) working days of the incident giving rise after either party has served written notice to the complaint and other party of its intention to refer the matter to a neutral arbitrator, the Minister of Labour will be requested to appoint a neutral arbitrator. Any grievance is not arbitrable if it has not been processed through all the steps provided for in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure procedure within the time specified shall be deemed limits therein indicated, or if it has not been submitted to have been dropped. However, arbitration in the manner and within the time limits specified provided for in the Grievance Procedure present collective agreement. Neither party shall raise or proceed with a timeliness issue argument regarding “filing for arbitration” without having notified the other party of it’s final position on any given grievance in writing. The time limits outlined in Article above, may be extended by mutual agreement consent in writing writing. The arbitrator’s decision shall be final and binding on the Company, the Union and the employees concerned. The arbitrator shall not be authorized to alter, modify or amend any part of this agreement, nor to render any decision incompatible with the provisions of this agreement, nor to consider any matter not pertaining to the present agreement. Each party shall pay it’s own costs and fees and expenses of witnesses called by it and all its representatives. The fees and expenses of the arbitrator shall be shared equally between the Company and parties. ARTICLE HOURS OF WORK The normal working day shall be one of eight (8) hours. The normal working week shall be forty (40) hours consisting of five days each of eight hours’ duration, Monday to Friday inclusive. The normal working day will be: a.m. I a.m.; a.m.- Lunch Break At the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days discretion of the discharge Company, lunch break may be moved ahead or suspension. In taking disciplinary action within twenty-four back a maximum of thirty (24) months from the date 30)minutes to accommodate completion of a suspension or dismissal procedure deemed necessary for immediate completion, with the understanding that the Company’s intent is not to do this on a regular basis (reinstatement) everyday). The normal working day may be divided into two shifts for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as long as the case company deems it necessary. At the discretion of the Company, lunch break may be. In taking disciplinary action within twelve 2) months from be moved ahead or back a maximum of thirty (30)minutes to accommodate completion of a procedure deemed necessaryfor immediate completion, with the date of an oral or written warning for understanding that the Company’s intent is not to do this on a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beregular basis (everyday).

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints address and resolve grievances as quickly as possible. Unless agreed Time limits for ail steps of the entire grievance and procedure may be extended in writing by mutual consent. For the purposes of the grievance and arbitration procedures, “working days” shall be Monday to Friday inclusive, but exclusive of holidays, A shall be defined as where a arises between the parties relating to the Interpretation, application or of this Agreement, Including any question as to whether a matter is arbitrable or where an allegation made that this Agreement has been violated. The Union acknowledges and agrees that Stewards and Officers of the Union have regular duties to perform as employees of and that such not leave their regular duties to assist employees their grievance obtaining the permisston of their Division or someone designated by both them and similarly report upon returning to their regular Such permission shall not be unreasonably denied. spent during an employee’s regular working hours pursuant to this Article (including Article 22.07-Mediation) shall be without loss of pay. Grievances properly arising under this Agreement shall be adjusted and as follows: It is understood that before the Company Grievance is reduced to writing and flied, the Supervisor have an opportunity to discuss and resolve the grievance. Within twenty (20) working days the circumstances giving rise to a grievance, the Union, no grievance through the Shop ▇▇▇▇▇▇▇, shall request a meeting with the immediate Supervisor, who shall arrange a meeting within (5) days of receivingthe request. The employee shall be presentedaccompanied by a Shop ▇▇▇▇▇▇▇ or an Union representative. Within three (3) working days of the Step One meeting, Supervisor will advise the Shop ▇▇▇▇▇▇▇ and the writing of the date on which the Step One meeting took place and shall note whether the grievance was denied, granted or resolved. Any resolutions reached at this step be without prejudice or precedent. If the grievance is not resolved at Step One to the satisfaction of the Union, the alleged circumstances and redress sought shall be reduced writing and signed by the employee. Union shall file the grievance with the Division Head within ten working days following receipt of which originated or occurredthe written response from the Step One meeting. The Division Head shall confer with the representatives of the Union ten (1 working days after receipt of the grievance at Step Two, or should have come and shall the Union in writing of decision in respect to the attention grievance within ten working days of the employee concernedtime of the conference. The attend the Step Two meeting upon the request of the Union, more than providedthat such request must be made at least five (5) working days prior to its original presentation in writing at the date of the Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule Two meeting. The Vice-Chair or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his Shop ▇▇▇▇▇▇▇ shall also attend the meeting in addition to the Chair. Should the decision of the Division not be satisfactory to the Union, refer the on an informal basis to his immediate Supervisor. If Union may ten working days after the receipt of the written decision of the Division Head, forward copies of the grievance cannot and the written decision as provided for In Step Two to the Director, Labour Relations and Employee Upon receipt of such the Director, Labour Relations and Employee Services with the representativesof the within fifteen (15) working days after of the grievance at Step Three. The Director, Labour Relationsand Employee Services shall advise the Union in writing within ten working days after the conference of their decision in respect to the grievance. The attend the Step Three meeting upon the request of the without loss of pay or benefits, provided that such request must be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five made at least (5) working days of the incident giving rise prior to the complaintdate the Step Three meeting. The immediate Supervisor or Shop ▇▇▇▇▇▇▇ shall answer also attend the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred meeting in addition to the Plant Manager If the decision of Director, Labour Relations and Employee Services is not acceptable to the Union, the Union may, within five twenty (520) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with decision of the Director, Labour Relations and Chief ▇▇▇▇▇▇▇ and shall answer Employee Services, that the grievance be submitted to arbitration by notifying in writing within five (5) working days of such meetingwriting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt The decision of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union Head or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint Director, Labour and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement)Employee Services, as the case may be. In taking disciplinary action within twelve 2) months from , shall be final and binding upon and the date of an oral or written warning for Union and upon any employee affected by it unless a similar infraction, subsequent step taken the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may betimes hereinbefore limited.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it It is the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible. Unless agreed to by both the Company possible and the Union, it is generally understood that an employee has no grievance until he has first given to his supervisor an opportunity to adjust his complaint, and that such complaint shall be presented, registered within fifteen working days of the alleged circumstances of which originated or occurred, or should have come coming to the attention knowledge of the employee. If such complaint is not settled to the satisfaction of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with taken up as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days, in the following manner and sequence: Step No. The grievance I Step No. Between the aggrieved employee who shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed accompanied by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Union ▇▇▇▇▇▇▇ and shall answer the supervisor, at which time a written record of the grievance shall be submitted and signed by the employee. The supervisor shall give his reply in writing not later than five (5) full working days following receipt of the grievance. Failing settlement, then: Within five (5) full working days of the written notice referring the grievance to Step No. a meeting will be arranged between the aggrieved employee, an accredited representative of the Union, and the local Manager or another representative of the Company. The Company shall reply in writing within five (5) full working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the this grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning satisfactorily resolved at Step of No. including any question as to whether a matter is arbitrable, the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under provided in Article X by either the Union notice in the case of a Union grievance or writing to the Company in within five (5) full working days after the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing Company’s reply at Step Any complaint or grievance which No. If no written request for arbitration is not commenced or processed through received within fourteen days after the next stage of the Grievance or Arbitration Procedure within the time specified decision in Step No. is given, it shall be deemed to have been droppedsettled or abandoned. However, An extension of the time limits specified may be mutually agreed upon by the parties. Saturdays, Sundays and plant holidays will not be counted in determiningthe time within which any action is to be taken or completed in each of the steps of the Grievance Procedure or under Article Any and all time limits fixed by this Article and Article X may at any time be extended by mutual agreement in writing Agreement between the Company and the Union. An All decisions arrived at between the representatives of the Company and the Union shall be final and binding upon the Company, the Union and the employee who or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result the employee receives an increase in his rate, such increase shall be paid retroactively to the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been discharged unjustly dealt with, he may inform his ▇▇▇▇▇▇▇ who shall, if a grievance is to be filed, file such written grievance with the company within eight working days of the suspension or suspended dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the Second Step. Notice of dismissal or suspension and the reasontherefore shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and compensated for such time lost as is determined by the grievance or arbitration procedure, or such other settlement as is deemed to be just and equitable. The Union or the Employer may file a written policy grievance in appropriate circumstances. A policy grievance is defined as a difference concerning the interpretation or application of this Agreement or the law that seeks to enforce an obligation to the Employer to the Union or the Union to the Employer. A policy grievance shall not be brought with respect to matters capable of being filed as individual grievances or in respect of remedies or relief that effect individual employees. A policy grievance shall be initiated in writing at Step No. of the grievance procedure within five (5) full working days of notice of the discharge or suspensionact causing the grievance. In taking disciplinary action within twenty-four (24) months An employee who receives a written discipline notice from the date Company shall have the discipline removed from his record after a period of a suspension or dismissal (reinstatement) for a similar infractiontwo years, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement)provided that during such period, as the case may be. In taking he has not received other related disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beaction.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are It is mutually agreed that it is the spirit and intent of Agreement to adjust as quickly possible grievances arising the application, administration, interpretation, or alleged violation of this Agreement. In the event of a dispute between any member or members of the utmost importance Bargaining Unit and the Company in reference to adjust complaints the application, administration, interpretation or alleged violation of this Agreement, the following shall be the procedure for the adjustment and grievances settlementthereof. Within ten (10) days following the of knowledge by the employee of events upon which the Grievance is founded or which gave rise to the Grievance, the employee make take the matter up with their Department Head or designee, by the Grievance in writing The employee shall be accompanied or represented by a member of the Grievance Committee. The Department Head or designee shall reply in writing within ten (10) working days of the presentation of the grievance. a settlement of the grievance, or a reply in writing, the employee may proceed to Step Within five (5) days the expiration of the second ten (10) day period referred to in Step the employee, accompanied by the Grievance Committee, comprising up to three employees and a representative of the Regional Office of the Union, if so desired, may take the matter up with the General Manager or designee. The written grievance and reply, if any, completed in Step must be presented. The General Manager or designee shall reply in writing seven (7) days the presentation of the grievanceunder Step Unresolved Grievances shall then be to the General Manager or designee, and the Union Office and Local President for further discussion and consideration. Should the grievance remain unresolved, the dispute may, by notice of either party to the other party, be submitted to binding and arbitration. Notwithstanding Article any grievance the discharge of an employee may be submitted directly to the Station Manager or designee at Step within ten (10) calendar days of the discharge. If either of the parties considers that this Agreement is being misunderstood, misinterpreted or violated in any respect by the other, the matter may be submitted as quickly as possible. Unless agreed to by both a written grievance and discussed between of the Company and the UnionUnion Committee who may be accompanied by a Union representative. If not satisfactorily within ten (10) days of the above either party may refer the matter to arbitration. If either party, no following the exercise of the grievance shall be presentedprocedure, to refer a matter arbitration provided in Article here of, it shall,within (30) days of the alleged circumstances completion of which originated or occurredthe last meeting contemplated in Step hereof, or should have come give to the attention other party to this Agreement written notice of its intention to arbitrate, at the same time one of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist following list of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his arbitrators being not acceptable: ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and shall answer Judge ▇▇▇▇▇ The party receiving the grievance in writing said notice of intention to arbitrate shall, within five two (52) working days days, by way of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of telephone receipt of the reply said notice, and at the same time, specifyone of the Plant Managerremaining list of arbitrators being not acceptable; thereafter, the party submitting the matter to arbitration shall reciprocate by striking one of the remaining arbitrators the list and the parties shall continue to alternate striking names the list such time a single name remains on the list and that person shall be deemed thereby to have been appointed the arbitrator to hear the matter in dispute by mutual agreement of the parties, and shall be forthwith as provided for in the letter in to this Agreement. In the event that the arbitrator so appointed should prove unable to hear the case, the selectionprocess shall be repeated the beginning. The Union's National Representative will hearing must commence within six (6) weeks (or mutually agreed by both parties) the date of acceptance by the arbitrator to the hearing of the grievance. Should no arbitrator the panel be available, and failing agreement in attendance at this meetingselecting an alternate arbitrator, either party may request the Ministerof Labour to appoint an arbitrator. If decision of the grievance is not settled within five (5) working days it may arbitrator shall be referred to arbitration as hereinafter providedfinal and binding upon the parties and upon any employee by it. The Union or parties willjointly bear the Company may initiate a grievance beginning at Step expenses of the Grievance Procedurearbitrator in equal portions. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next At any stage of the Grievance Procedure, including arbitration, all reasonable arrangements will be made to permit the parties to have the assistance of the employees concerned and any necessary witnesses, to have to the plant, and to view disputed operations, provided that such arrangements do not cause unnecessary cost to the Company or Arbitration Procedure within interfere with Company operations. is by the time specified arbitrator that any employee has been suspended or discharged, or otherwise disciplined for proper cause, the board may change or amend such and give an award that seems and reasonable in all circumstances. If it is by the arbitrator that any employee has been suspended, discharged, or disciplined without proper cause, the board may make any decision which is just and equitable and is just and equitable and which may or may not include full of the employee. The arbitrator shall have the jurisdiction and authority to interpret and apply the ofthis Agreement insofar shall be deemed necessary to the of the grievance or dispute, but shall not have been droppedany jurisdiction or authorityto alter in any way or to add to or to subtract or modify any of the of this Agreement. However, Any and all time limits specified in the Grievance Procedure fixed by this Article may be extended or shortened by mutual agreement in writing between the Company and the Union. An employee No persons may be appointed an arbitrator who has been discharged involved in an attempt to negotiate or suspended may file a written grievance at Step within five (5) working days of settle the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may begrievance.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is the intention of the Parties that this procedure shall provide a just and method of adjusting grievances and the parties agree to act in good faith in settlement of grievances in accordance with the provisions of this Article. A grievance is any difference or dispute with respect to interpretation, application or alleged violation of this Agreement are agreed that it is by an employee, group of employees, the Union or the Employer. Any grievance submitted shall clearly set forth the issues and contention of the utmost importance to adjust aggrieved parties. Any employee, group of employees, the Union, or the Employer may present a grievance. Any grievance submitted shall clearly set forth the issues and contention of the aggrieved parties. It is the mutual desire of the parties that complaints and grievances of employees shall be adjusted as quickly as possible. Unless , and it is agreed to by both the Company and the Union, that an employee has no grievance shall be presented, until he has given the alleged circumstances of which originated or occurred, or should have come Employer the opportunity to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, adjust his complaint with the assistance of his the ▇▇▇▇▇▇▇ if required. Minutes of the meeting will be kept and a copy provided to the employee. The meeting must take place within (48) hours of notification by the employee to the employer of a potential grievance. The procedure for the settlement of grievances shall be as follows: STEP I In order for a grievance to be considered, it must be submitted to Step I as quickly as possible but in any event not more than ten (10) days after the occurrence or circumstances causing the grievance. Such days will commence the next day of work following the occurrence or circumstancesbeing grieved. The employee or the ▇▇▇▇▇▇▇, refer on behalf of the on an informal basis employee, may submit a grievance in writing clearly stating the issues and intention to his the immediate Supervisorsupervisor of the employee, or in the absence of the immediate manager, to another member of management within the time limits. The manager shall hold a meeting with the and ▇▇▇▇▇▇▇, and give a response in writing as soon as possible but in any event not later than ten (10) days after receipt of the grievance. STEP If a satisfactory answer is not reached at Step I, the written grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor submitted to the branch manager within five (5) working days after receiving the answer at Step I. The manager shall hold a meeting with the and the ▇▇▇▇▇▇▇, and give a response in writing as soon as possible, but in any event not later than ten (10) days after the receipt of the incident giving rise grievance. STEP If a satisfactory answer is not reached at Step the written grievance may be submitted to the complaint. The immediate Supervisor shall answer the grievance Regional Vice President or Human Resources Representative within five (5) working days. days after receiving the answer at Step The grievance Regional Vice President or Human Resources Representative shall specify hold a meeting with the Article or Articles and subsections the ▇▇▇▇▇▇▇, and the appropriate branch management, and give a response in writing as soon as possible, but in any event not later than ten (10) days after the receipt of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employeegrievance. STEP Should the employee be dissatisfied with the disposition of the grievance If a satisfactory answer is not reached at Step the grievance may be referred to arbitration within a period of twenty (20) calendar days after receipt of the Plant Manager answer at Step Notice of referral to arbitration shall be made to the Regional Vice President or Human Resources Representative in writing. The matter shall be referred to one of the two designated arbitrators as established in Article of this Agreement (arbitrators will be chosen in rotation order). If an answer the Employer is not provided by the said time limits indicated above, the Union may move the grievance immediately to the next step. If a grievance has not progressed to the successive steps, by the griever, outlined above within five (5) working days after receipt the completion of the immediate Supervisor's reply preceding step, then the grievance shall be considered as abandoned, and all rights of recourse to the grievance procedure will be forfeited in writing. The time limitations prescribed in this Article may be extended, but only by mutual consent of the parties in writing. Both parties agree that if the nature of the grievance relates to harassment or discrimination the grievance may be submitted at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meetingthis procedure. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives Claims of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative this nature will be handled as per the Employer’s harassment policy. Should a grievance, considered in attendance at this meetingabove proceed to arbitration, the Arbitrator shall impose a remedy which is designed to only affect the perpetrator insofar as that is possible and where there is any detriment to be suffered respecting job classification, seniority, wages, etc., such detriment shall fall upon the perpetrator and not upon the complainant or other bargaining unit employees. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate Failing a satisfactory settlement of a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of procedure, either party may request that the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may matter be referred to arbitration under Article an arbitrator that is mutually agreed upon by either the Union in the case of a Union grievance or the Company in the case of a Company grievanceboth parties. The Union Arbitrator shall receive and consider such material evidence and contentions as the parties may not institute offer, and shall make such independent investigation as it deems essential to a grievance directly affecting an employee or employees which such employee or employees could themselves institute full understanding and determination of the regular Grievance Procedure issues involved. In reaching his decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not thereby be by-passed except where vested with the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint power to change, or grievance which is not commenced or processed through the next stage alter any of the Grievance or Arbitration Procedure within terms of this Agreement. The Arbitrator may amend any penalty. The findings and decision of the time specified Arbitrator on all arbitral questions shall be deemed to have been droppedbinding and enforceable on all parties. However, time limits specified in The expense of the Grievance Procedure may Arbitrator shall be extended borne equally by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Company agrees to this Agreement are agreed that it is notify the Union of the utmost importance reason for the discharge of any employee. Any discharge may be discussed as a grievance. In the event that an employee is discharged and after subsequent investigation is exonerated and reinstated, that employee shall be reimbursed for the time lost by reason of such discharge on the basis of regularly scheduled normalnumber of daily hours of work less earnings received from other employers in respect of the period involved for which the employee is to adjust complaints and grievances as quickly as possiblebe reimbursed. Unless agreed The Company agrees to by both forward to the Union Bargaining Committee a copy of any written reprimand placed in an employee's file on or after the effective date of this agreement, except when the employee concerned requests the Company not to do so at the time of the reprimand discussion. The Company and the UnionUnionwill make every assist an employee tocorrect their actions prior to imposing discipline. Disciplinewill be given for just cause, no grievance shall and in a progressive manner except in the case of a matter of significant severity. When discipline is to be presentedgiven, the alleged circumstances of which originated or occurredCompany will provide a copy, or should have come with reasons, to the attention of both the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with and the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of and/or the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer (with the employee’s authorization) will be given access to that employee’s personnel file once a year on appointment, inthe presenceof the Human ResourcesManageror a delegate thereof. Disciplinewill be removed from the employee’s file after a period of months, on condition that no other infraction or misconduct of a similar nature has occurred during this period. Any dispute, grievance in writing within five (5or misunderstanding called “grievance”) involving occupational classification, wages, seniority, hours of work or other working days conditions which any employee or group of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet employees may desire to discuss and adjust with the grievance within five (5) working days of receipt Company shall be handled as follows: The employee shalltake up his grievancedirectly with the shift section head or supervisor, except where the employee believesthat proper expression or explanation is difficult with the section head or supervisor, in which case the employee may report the matterto the ▇▇▇▇▇▇▇ representinghis group, who, together with the employee, may take the matter up with the sectionhead or supervisor. the permission of the reply of employee’s supervisor another ▇▇▇▇▇▇▇ may be consulted on a grievance by the Plant Manager. The Union's National Representative will be in attendance at this meetingemployee inthe absenceof the regular ▇▇▇▇▇▇▇ representingthe group or shift. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union adjusted by the section head or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.supervisor five

Appears in 1 contract

Sources: Settlement Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is the desire of the parties to this Agreement are agreed that grievances he dealt with as promptly as possible, therefore, the following procedures shall apply: It is understood that a Nurse has no grievance she has first given her the of heating the A Nurse with the assistance of a Nurse representative, she so desires, discuss a complaint with her immediate manager five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the of the Nurse and failing satisfactory settlement within three days, it shall then be taken up as a grievance within ten 0) days following of manager's in All grievances shall be submitted in writing, on an grievance form. The Nurse may submit a written grievance to her immediate of the grievance and and of the Agreement which to be The immediate manager day on which to be of the Home or A be in writing date of such then be held between the or and the If the grievance is still not the grievance may, within five days of receipt of the Administretor's or his representative's decision, be submitted to the Director of Human Resources and the Director of Social Services and Senior Citizens Department A meeting with the Director, or and the Grievance Committee will take place within ten days of the of the grievance. A decision shall be given, in writing within ten days after the meeting at which it was discussed. An employment relations consultant from the Ontario Nurses' Association may attend this meeting. If not then settled, the grievance may, within fifteen 5) days of receipt of the decision under Step Three be to Arbitration as follows: Written notice shall be given to the other party formally stating the subject of the grievance and, at the same time, nominating an Arbitrator. ten days after of such notice, the other party shall name an Arbitrator. The Arbitrators representing the two parties shall meet as soon possible and will attempt to agree upon a Chairperson of the Arbitration and failing such agreement within five days after they have met, either party may within five days request the of Labour for the Province of Ontario to name a Chairperson. No person shall be selected as a Chairperson who has been directly involved in attempts to negotiate or settle the grievance, or one who has any pecuniary interest in the or the Association. As soon as possible after the Arbitration Board has completed by the selection of a Chairperson, it shall and hear the evidence and representatives of both parties, and shall render a decision as soon as possible, the intention being that all decisions shall be given within thirty days after the Arbitration has been The decision of the Arbitration Board shall be final and binding on both parties to the Agreement, and in the event that it is not possible for the Board to reach a majority decision, then the Chairperson's decision, shall be final and binding. The Arbitration Board not havejurisdiction to alter or change any of the utmost importance provisions of the Agreement, or to adjust complaints substitute any new provisions thereof, to give any decision inconsistent with the terms and grievances as quickly as possibleof Agreement. Unless agreed The Arbitration Board shall have power to by both vary or set the Company decision of the Committee of Management or any penalty imposed the Each of the parties will bear the expense of its representatives and the Unionappointed by it, no and the parties shall share equally the expenses of the Chairperson of the Board. No grievance shall be presentedconsidered in any step unless it has been through all previous steps of the grievance procedure required by this Agreement, unless agreed by both Parties. If a grievance is not submitted within the time limits provided at each step of the grievance procedure, it shall be deemed to be abandoned. Within ten days of the event upon which the grievance is based, the alleged circumstances or the Association may submit a policy grievance in to the other alleging the violation of which originated its rights under this Agreement. Such a grievance shall set out the facts end the Section or occurredSections of the Agreement claimed to be violated or relied upon and the matter shall be dealt with in accordance with Article Step Three the grievance 'procedure. A this Article shall be restricted to matters of policy as between the Employer and the Association shall not be submitted for the purpose of obtaining any for individual employees. Inthis Article the word "days" shall exclude Saturdays, and paid holidays. The parties may agree in writing to waive or extend any of the time limits established in this procedure. Where a number of Nurses have identical concerns end Union be and Senior Citizens Department, or should his within ten calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and then be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance treated as being initiated at Step Three and the grievance may be referred applicable provisions of this Article shall then apply with respect to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days processing of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of Should a dispute arise between the utmost importance to adjust complaints Division and grievances as quickly as possible. Unless agreed to by both any regarding the Company and the Unioninterpretation, no grievance shall be presentedmeaning, the alleged circumstances of which originated or occurredoperation, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in the following manner. The grievance shall be submitted, refer in writing, stating the Article in the Collective Agreement violated and the solution sought, within fifteen (15) working days of the alleged incident. In the event of a grievance originating while an employee is on an informal basis to his immediate Supervisor. If the approved Leave of Absence from work, such grievance cannot shall be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor lodged within five (5) working days of the incident giving rise said employee returning to work. Replies to grievances shall be in writing at all stages. Step The aggrieved shall first attempt to resolve the complaintgrievance by submitting the grievance in writing to immediate supervisor. The immediate Supervisor supervisor shall answer the grievance render decision within five ten (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (510) working days after receipt of the immediate Supervisor's reply at grievance. Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing Failing satisfactory settlement within five ten (510) working days of such meeting. STEP If no settlement is reached at after the grievance was submitted under Step the grievance may be submitted to the Union Grievance Committee and representatives of Management Superintendent. The Superintendent shall meet to discuss the grievance render his decision within five ten (510) working days of after receipt of such submission. Step Failing satisfactory settlement being reached in Step the reply of may submit the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled written grievance, within five ten (510) working days it may be referred following the Superintendent’s response, to the Board of Trustees who shall render its decision within ten (10) working days after the next regularly scheduled Board meeting. Step Failing a satisfactory settlement being reached in Step the Union shall indicate their intent to proceed or not proceed to arbitration as hereinafter providedwithin twenty (20) working days. The Union In cases of discharge or the Company may initiate a grievance beginning at suspension, Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance Procedure may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a wholepassed. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, The time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days consent of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beparties to this Agreement in writing.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to For the purposes of this Agreement are agreed that it Agreement, a grievance is defined as a difference arising between a member of the utmost importance bargaining unit and the Hospital or vice-versa relating to adjust the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints and grievances be adjusted as quickly as possible, and it is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Unless agreed Such complaint shall be discussed with her supervisor within fourteen calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7)calendar days following her immediate supervisor’s decision in the following manner and sequence: The employee must submit the grievance in writing signed by both her to her Nurse Manager and may be accompanied, if she so desires, by her union ▇▇▇▇▇▇▇. The grievance must identify the Company nature of the grievance, the remedy sought, and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention specific provisions of the employee concerned, more than five (5) working days prior Agreement which alleged to its original presentation have been violated. The Nurse Manager will deliver her decision in writing at within seven (7) calendar days following the day on which the grievance was presented to her. Failing settlement, then: Within seven (7) calendar days following the decision under Step A grievance shall consist of a dispute concerning interpretation and/or application of any ArticleNo. the employee who, Schedule or Clause in this Agreement. Should a grievance arise it shall if she so desires, may be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his accompanied by her union ▇▇▇▇▇▇▇, refer may submit the written grievance to the Director of Nursing who will deliver her decision in writing within seven (7) calendar days from the date on an informal basis to his immediate Supervisorwhich the written grievance was presented. If Failing Settlement, then: Within seven (7) calendar days following the decision in the immediately preceding step, the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor submitted in writing to the Director of Human Resources or designate. A meeting will then be held between the Director of Human Resources or designate and the Grievance Committee within five seven (57) working calendar days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition submission of the grievance at Step the grievance No. unless extended by mutual agreement. It is understood that either party may be referred to the Plant Manager within five (5) working days after receipt have such assistance as they may desire at such meeting. The decision of the immediate Supervisor's reply at Step The Plant Manager Hospital shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance be delivered in writing within five (5fourteen 4) working calendar days following the date of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it agreement recognize the stewards and the CAW representatives as the agents through which employees shall process their grievances. It is also the mutual desire of the utmost importance to adjust parties hereto that complaints and grievances of employees shall be adjusted as quickly as possiblepossible and it is understood that an employee has no grievance until she has first given the Home's management an opportunity to adjust her complaint. Unless agreed stated otherwise, any reference to by both the Company and the Union, no grievance a number of days in this agreement shall be presenteda reference to calendar days, including week-ends. No grievance may be filed where the alleged circumstances of which originated or occurred, or should have come giving rise to the attention of the employee concerned, such grievance occurred more than five seven (57) working days prior to its original presentation in writing at Step A grievance shall consist the filing of such grievance. When the conduct or performance of an employee calls for a dispute concerning interpretation and/or application of any Articlewarning by the employer, Schedule or Clause in this Agreement. Should a grievance arise it the warning shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as written one and a result copy of this discussion, then it may warning shall be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise forwarded immediately to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the union. A discharge grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning filed at Step of the Grievance Procedure. Such grievance shall be filed Procedure within five (5) working days one week of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievancedischarge. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure parties shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing then confer at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within one (1) week of the time specified shall be deemed filing of the grievance to have been droppeddiscuss the matter. However, the parties may agree to waive these time limits specified in the Grievance Procedure may limits. All written notations of discipline shall be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may removed from an employee’s file a written grievance at Step within five twelve (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (2412) months from the date of receipt of the discipline. The only exception would be discipline for resident abuse which was not reversed by the grievance procedure. Group Grievance is defined as a suspension or dismissal (reinstatement) for single grievance, signed by a similar infraction▇▇▇▇▇▇▇ and a CAW representative on behalf of a group of employees who have the same complaint. Such a grievance must be dealt with at successive stages of the grievance procedure commencing with Step The shall be listed on the grievance form. Should such a grievance be referred to arbitration, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), matter shall be adjusted as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beGroup Grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties Prior to this Agreement are agreed that it is commencingto Step of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presentedcontained herein, the alleged circumstances of which originated or occurred, or should have come employee shall discuss his concern with his immediate supervisorin an effort to avoid a written grievance being filed. If any employee has a grievancehe wishes to bring to the attention of the Company, he shall take the matter up with his immediate Supervisor. The employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall will be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of accompanied by his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled to the satisfactionof the employee within five two (52) days, it will then be stated in and be submittedto the Department Manager. Within three (3) days, the Department Manager such other persons as may be designatedby the Company) will meet with the employee and his ▇▇▇▇▇▇▇,to discuss the grievance. The Department Manager will give his answer to the grievance,in writing, within two (2) days after the meeting has been held. If his reply to the grievance is not satisfactory, the Union may, within three (3) working days it after receiving the written reply of the Department Manger, refer the matter to the Plant Manager. Within three (3) days receipt of the grievance, the Plant Manager such other persons as may be designated by the Company), will meet with the Union as outlined in Article At this meeting a full-time Staff Representativeof the Union may be present, if requested by either party. The Plant Manager will give a written reply to the grievance within three (3) working days after the meeting has been held. If the meeting referred to in Step does not result in a settlement of the grievanceto the satisfactionof both parties, then either party to this Agreement may, within thirty (30) days after the date of the written reply, refer the matter to arbitration as hereinafter providedhereinafterprovided. The Union or the Company may initiate a grievance beginning at Step Any of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be time allowancesprovided for in the form prescribed in Step Any such grievance may be referred to arbitration under this Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement agreement. The Company may refuse to consider any complaint, the alleged circumstancesof which arose more than live (5) days prior to the complaintbeing presented to the Supervisor. If the Company does not respond within the prescribed time limits, the Union may at its discretion, proceed to the next applicable step. Where a matter is referred to arbitration, the Party requesting Arbitration shall advise the other Party in writing between of its request, together with a statement as to the Company and the Unionissue to be I arbitrated. An employee who has been discharged impartial Arbitrator shall be selected by the Parties or suspended may file a written grievance at Step if such Parties fail to agree upon the selection of an Arbitrator within five twenty (520) working days of notification of appeal to Arbitration, then the discharge Minister of Labour for the Province of Ontario shall designate the Arbitrator. Thejurisdiction of the Arbitrator shall be limited to the matter in dispute and he shall not have the jurisdiction to change, modify or suspensiondisregard any provision of this Agreement, nor substitute any new provision in lieu thereof, nor to give any decision inconsistent with this Agreement. In taking disciplinary action within twenty-four (24) months from The Parties agree that an Arbitrator shall have the date power to award compensation or damages to any party, or employee, who is dealt with contrary to the provisions of a suspension or dismissal (reinstatement) for a similar infraction, this Agreement. All decisions of the Company may consider Arbitrator arrived at in accordance with the employee's entire record preceding suspension or dismissal (reinstatement), as provisions of this Agreement shall be final and binding upon all parties concerned. Each of the case may be. In taking disciplinary action within twelve 2) months from Parties hereto will share equally the date expenses of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beArbitrator.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no No grievance shall be presented, considered where the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to it occurred or originated more than ten full working days the filing of the grievance. It is understood that an employee has no grievance until the matter has been referred to immediate supervisor and an opportunity given to adjust the complaint. The immediate Supervisor In the computation of time in Articles and Saturdays, Sundays and staff holidays shall answer the grievance within five (5) working daysnot be counted. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified contained in the Grievance Procedure may be extended by mutual agreement between the parties. A grievance of an employee properly arising under this Agreement shall be adjusted and as follows: The aggrieved employee shall present his/her grievance in writing between his/her outside the Company and bargaining unit who shall then arrange a meeting to discuss the Unionwithin a period of five days the presentation of the grievance to The shall have the assistance of his/her ▇▇▇▇▇▇▇ at this meeting if the employee so desires. An employee who has been discharged or suspended may file The immediate shall give his/her answer in writing within a written grievance at Step within period of five (5) working days of the said meeting. If the answer is not satisfactory to the or if no answer is given then the next step in the grievance procedure may be taken at any time within five days after receipt of said answer. The aggrieved employee may submit his/her grievance to the of Employee or nominee, who shall then arrange a meeting to discuss the grievance within a period of five days. The griever and grievance the appropriate the Superintendent of Services, or nominee, and the Manager may attend this meeting. The decision from said meeting shall be rendered within five days. Should the decision not be satisfactory to the employee then the next step in the Grievance Procedure may be taken at any time within five days of the receipt of the decision. The aggrieved may submit his/her grievance in to the Chief Executive of the Board. The grievance notice shall contain the complete grievance, listing all alleged to have been violated by specific number and shall not expanded upon after submission. The settlement requested must be detailed in the grievance. The Chief Executive of the Board or his/her nominee and two elected trustees shall meet five working days to discuss and to endeavour to the grievance. The Employee Manager may also be present. The Grievance Committee shall be present and at the request of either party to this Agreement a Regional Representative of the Union shall also be present. The Chief Executive Officer shall render the decision in writing within five days following the said meeting. If the answer of the committee of the Board of Education is not satisfactory and if the grievance is one which the interpretation, application. administration or alleged violation of the the grievance may or may not be referred by the Union to a Board of as provided in Article 9 at any time within ten days of receipt of the decision, but not later. When an employee by this Agreement is called to the to be interviewed concerning any matter which might reasonably be anticipated to result in the discipline or discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as he/she may be accompanied by a member of the case may beUnion Executive if so desires. In taking disciplinary action within twelve 2) months from Articles and should the date of an oral or written warning for a similar infraction, and/or the Company may consider Union fail to abide by the employee's entire record preceding lines in Articles and/or 9 the employee's oral or written warning, as the case may beParties will deem matter to be abandoned.

Appears in 1 contract

Sources: Collective Bargaining Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to this Agreement are agreed that it is If an employee has complied with the provisions of the utmost importance Complaint Procedure and desires to adjust complaints and grievances as quickly as possiblegrieve, the matter shall be reduced in writing on a form supplied in triplicate by the Company. Unless agreed to by both Step No. (Area Supervisor) The written grievance, signed the Company employee and the UnionCommitteeman, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come presented to the attention Area Supervisor of the employee concerned. After such discussion as is necessary, the Area Supervisor shall give his answer in writing within two (2) regular working days following receipt of such grievance. (The Supervisor of the employee shall receive and reply to such grievance if the employee has no Area Supervisor.) Step No. (Next Level Manager) If the decision as rendered in Step No. is not satisfactory, written notice of intention to appeal must be presented to the Next Level Manager, or his designated representative, signed by the employee and his Committeeman, within two (2) regular working days following receipt of the Area Supervisor's or Supervisor's answer in Step No. unless a longer period has been agreed upon by the conferring parties. The Next Level Manager or his designated representative, shall discuss the grievance with the Committeeman, the employee concerned, ARTICLE CONTINUED GRIEVANCE PROCEDURE Step No. (Next Level Manager) Continued and with the Area Supervisor or Supervisor. He shall do this within three (3) regular working days after notice has been given unless a longer period be agreed upon by the conferring parties. He shall give his answer in writing within two (2) regular working days after completion of the discussions or such longer period as may be agreed upon by the conferring parties. Step No. (Company Representative) If the decision as rendered in Step No. is not satisfactory, written notice of intention to appeal must be presented to a duly designated representative of the Company by the Chairman of the Grievance Committee and the employee within three (3) regular working days following receipt of the Next Level Manager's answer in Step No. unless a longer period has been agreed upon by the conferring parties. The Plant Committee and duly designated of the Company shall meet at a time agreed upon but not later than seven (7) regular working days after notice has been given; the time limit as set forth herein may be extended by agreement. At this meeting, a Staff Representative of the International Union, or his duly designated representative, shall be present and the reply of the Company Representative shall be put in writing within two (2) regular working days ARTICLE CONTINUED GRIEVANCE PROCEDURE Step No. (Company Representative) Continued following this meeting. Step No. (Arbitration) Failing agreement by the Plant Committee and the Company the grievance may then be referred to arbitration and any notice of appeal must be filed with the Company within fourteen (14) calendar days of receipt of the Company's written disposition under Step No. With the service of notice of appeal to arbitration, the party appealing shall include a list of not more than five three (53) working days prior persons proposed by it to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate SupervisorArbitrator. If the grievance canother party does not be settled as a result agree to any of this discussionthe persons proposed, then it may be dealt with as follows: STEP The employee such party shall a written grievance with his immediate Supervisor within five (5) working calendar days following receipt of such notice of appeal, submit a second list of not more than three (3) persons proposed by it to be Arbitrator. If the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance parties cannot agree on an Arbitrator from either list within a period of five (5) working calendar days following receipt of the second list, the party appealing shall within ten (10) calendar days thereafter, request the Minister of Labour of the ARTICLE CONTINUED GRIEVANCE PROCEDURE Step No. (Arbitration) Continued Province of Ontario to appoint an Arbitrator. Persons proposed or appointed as Arbitrator shall in no way have been directly involved in attempts to negotiate or settle the With the selection or appointment of the Arbitrator, a meeting shall be conducted as soon as possible to hear the evidence and presentation of both parties, with the intention that a decision shall be rendered promptly, but not later than fourteen (14) calendar days, or such longer period as the Arbitrator may deem necessary, after the conclusion of the hearing. The grievance shall specify the Article or Articles and subsections decision of the Arbitrator shall be final and binding on both parties to this Agreement. The Arbitrator shall not have jurisdiction to alter or change any of the provisions of this Agreement nor to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of which a violation this Agreement. The Arbitrator may make adjustment on any grievance arising out of the interpretation or application of this Agreement, but in matters ARTICLE CONTINUED GRIEVANCE PROCEDURE Step No. (Arbitration) Continued involving pay awards such awards shall not exceed the provisions outlined in Article Subsection At any stage of the grievance procedure, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses. Any employee who is alleged, indicate the relief sought and be signed required by the employee. STEP Should Company to attend an arbitration hearing as a material witness shall be paid, for the time so spent, an amount equal to the number of hours which the employee be dissatisfied with would have worked during his normal work schedule, multiplied by the straight time average earnings calculated from the two (2) pay periods preceding the employee's attendance. Complaints and grievances not appealed from the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt Company's representatives in any of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days steps of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure procedure within the time and in the manner specified herein shall be deemed considered as having been adjusted to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between satisfaction of the Company employee and the UnionUnion on the basis of the disposition last made and shall not be eligible for appeal. An employee who Any grievance involving the interpretation or application of this Agreement, which has been discharged or suspended may file a written grievance at Step within five (5) working days disposed of hereunder, shall not be made the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date subject of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beanother grievance.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The It is the mutual desire of the parties to this Agreement are agreed that it is a grievance of the utmost importance to adjust complaints and grievances an employee be resolved as quickly promptly as possible. Unless agreed to by both The grievance form must specify the Company nature of the grievance, the remedy sought and the Union, specific provisions of the Collective Agreement alleged to have been violated. It is understood that an employee has no grievance shall until has first discussed the issue with immediate Supervisor and given the Supervisoran opportunity to resolve the issue. If no settlement can be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should reached then a grievance arise it shall be handled as follows. Prior arising under the employee's responsibility to filing a formal grievance, an employee will, with arrange for the assistance of his ▇▇▇▇▇▇▇, refer the on an informal basis to his immediate Supervisorbe present. If the grievance cannot be settled as a result of this discussion, Failing settlement then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of following the incident giving rise decision under Step the employee must submit the written grievance to the complaintDirector. The immediate Supervisor shall answer Director will meet with the grievance and review the grievance. A decision in writing will be rendered within five (5) working daysdays from the date on which the grievance meeting was convened. Failing settlement, then; Within five (5) working days following the decision under Step the employee must submit the written grievance to the Executive Director or designate. The Executive Director or designate will meet with the and review the grievance. A representative of the Union may attend this meeting if requestedto do so by either party. A decision in writing will be renderedwithin five (5) working days from the date on which the grievance meeting was convened. In the event the decision of the Executive Director is not satisfactory to the Union, the Union may refer the matter to Arbitration in accordance with the provisions of this Agreement. If no written request for Arbitration is received within ten (10) working days from the date of the decision under this Step, then the grievance shall specify the Article or Articles and subsections of the Agreement of which be deemed to be settled. If it is necessary for a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the Union ▇▇▇▇▇▇▇ to assist an employee be dissatisfied with the disposition presentation of a grievance, shall not leave work without first obtaining the permission of Supervisor. It is agreed that a grievance at arising directly between the Employer and the Union (a policy grievance) or a grievance claiming the unjust discharge of an employee who has completed probationary period must be originated under Step the grievance may be referred to the Plant Manager above within five (5) working days after receipt the circumstances giving rise to the grievance occurred or originated and the time limit set out with respect to Step shall apply. However, it is understood that a policy grievance may not be used with respect to a complaint or grievance directly affecting an employee and that the regular grievance procedure shall not be by-passed. Probationary employees may not access the grievance procedure if discharged during probationary period. All agreements reached under the grievance procedure between the representativesof the Employer and the representativesof the Union, shall be final and binding upon the Employer, the Union and the employees. Notwithstanding the foregoing, the parties may agree to waive or extend any of the immediate Supervisor's reply at Step The Plant Manager time limits established in this grievance procedure. However, any such agreement shall convene a meeting with be in writing and acknowledged by the and Chief parties. An employee subject to suspension or discharge shall have the right, if so requests to the presence of the Union ▇▇▇▇▇▇▇ and when such discipline is assessed. It is the responsibility of the employee to arrange for the ▇▇▇▇▇▇▇ to be present if so desires. Either party with the agreement of the other party may submit a grievance to grievance Mediationat any time after the Employer’s decision has been rendered at the step prior to Arbitration. Where the matter is so referred the mediation process shall answer take place before the matter is referred to Arbitration. Failing settlement under the foregoing grievance procedure of any grievance between the parties arising from the interpretation, application, or alleged violation of this Agreement, including any question as to whether the grievance in writing is arbitrable, the grievance may be submitted to Arbitration as set forth below. If no written request for Arbitration is received within five ten (510) working days from the date of such meeting. STEP If no settlement is reached at the decision under Step the the Union Grievance Committee and representatives of Management shall meet to discuss above, the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been droppedsettled. When either party requests that a grievance be submitted to Arbitration as hereinbefore provided, it shall make such request in writing addressed to the other party and at the same time nominate a member to the Board of Arbitration. Within ten working days thereafter, the other party shall nominate a member to the Board of Arbitration and notify the other party. The two (2) nominees so appointed shall confer immediately and shall attempt to select by agreement a Chairman for the Board of Arbitration within ten (10) working days from the date such other party has nominated its nominee. If they are unable to agree upon a Chairman, they shall then request the Minister of Labour for the Province of Ontario to appoint a Chairman. No person may be appointed as a nominee who has been involved in any attempt to negotiate or settle the grievance. The Arbitration Board shall not have the jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistentwith the provisions of this Agreement. No matter shall be dealt with at Arbitration that has not been properly carried through all the previous steps of the grievance procedure. The written decision of the majority of the Board of Arbitration shall be final and binding upon the Employer, the Union and the employees. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will jointly bear the fees and expenses of the Chairman of the Arbitration Board. The parties may agree to extend or waive any of the time limits prescribed in this Article. However, time limits specified any such agreement shall be expressed in writing and acknowledged by the Grievance Procedure parties. The Employer and the Union may be extended by mutual written agreement in writing between respect to any specific grievance substitute a named umpire for the Company Board of Arbitration provided for herein and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of Umpire shall possess the discharge or suspension. In taking disciplinary action within twenty-four (24) months from same powers and be subject to the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), same limits as the case may be. In taking disciplinary action within twelve 2) months from the date Board of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beArbitration.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties to It is the intent of this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possiblepossible any complaints or differences between the parties arising from the interpretation, application, administration or alleged contravention of this Agreement, including any question as to whether a matter is arbitrable. Unless agreed to by both An employee who believes a complaint or a difference exists with the Company and Employer shall first discuss the Union, no grievance shall be presented, complaint or difference with the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than employee's supervisor within five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application first becoming aware or should have been aware of any Article, Schedule the complaint or Clause in this Agreementdifference. Should a grievance arise it The Union ▇▇▇▇▇▇▇ shall be handled as followspresent, if requested by the employee. Prior Any complaint or difference not satisfactorily settled by the supervisor within five (5) working days may be processed by the Union within an additional fifteen 5) working days in the following manner: I If the Union considers the grievance to filing a formal be justified, the Union through its authorized representative, shall file the said grievance, an employee will, with which shall be signed by the assistance of his and authorized Union ▇▇▇▇▇▇▇, refer and redress sought in writing with the on appropriate Housing Manager who shall designate an informal basis to his immediate Supervisor. If official who shall confer with the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor involved within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition receipt of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager and who shall convene render a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance decision in writing within five (5) working days of such the time of the meeting. STEP If no settlement The employee shall be accompanied at the said meeting by the authorized representative of the Union. A copy of the written decision shall also be forwarded to the Union office pursuant to Article of this Agreement. Where it is reached at not possible for a Housing Manager to designate an official under Step the grievance shall be heard by the Housing Manager and if redress satisfactory to the Union Grievance Committee and representatives is not provided, the grievance shall progress automatically to Step In the event that the official designated by the Housing Manager does not provide redress satisfactory to the Union, the Union may within seven working days of Management receipt of this written decision, forward a copy of the grievance together with a copy of said written decision to the appropriate Housing Manager. The Housing Manager or designate shall meet to discuss with the grievance authorized Union ▇▇▇▇▇▇▇ and the aggrieved employee within five (5) working days of receipt of the reply said grievance and written decision and shall advise the Union in writing of this decision in respect of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise said meeting. A copy of the written decision shall also be forwarded to the complaint Union office pursuant to Article of this Agreement. In the event that the Housing Manager does not provide redress satisfactory to the Union, the Union President may (7) days of receipt of this written forward copies of the grievance and be in the form prescribed written decisions provided for in Step Any such grievance may be referred and Step to arbitration under Article by either the appropriate Regional Manager or designate, with a copy to the appropriate Housing Manager), who shall meet with the authorized representatives of the Union and the aggrieved employee, within ten O) working days of receipt of said grievance and written decisions, and shall advise the Union President in writing of the case decision in respect of a the grievance, within ten (10)working days of the said meeting. All grievances at this step shall be processed only by the Union President through the Union's Toronto office. Any grievance or received that is not in compliance with this procedure shall be returned to the Company for resubmission in accordance with the case of a Company grievanceabove. The Union may not institute a President will also provide copies of the grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall request for a Step meeting to the Executive Director, Housing Field Operations, Ministry of Housing. In the event that the Regional Manager, or designate does not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed provide redress satisfactory to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step , the Union within five (fifteen 5) working days after receipt of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from written decision may upon providing written notice to the date of Employer, submit the grievance for arbitration to the Grievance Settlement Board, with a suspension or dismissal (reinstatement) for a similar infraction, copy to the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may beappropriate Housing Manager.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties That in the event a grievance is filed with an immediate supervisor, it will also be filed concurrently with Human Resource Services provided failure to comply with this Agreement are agreed that it is of procedure shall not jeopardize the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause time limits in this Agreement. Should a grievance arise it The Union shall be handled as follows. Prior to filing a formal grievance, an employee will, providethe Corporation with the assistance names of his the Grievance Committee, the Chief ▇▇▇▇▇▇▇, refer and the on Stewards designated in each area. "Business Day" shall be defined as Monday through to Friday inclusive, excluding approved Statutory Holidays. When an informal basis employee is considered to his immediate Supervisor. If be discharged or suspended without just cause, the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall be entitled to a written grievance with his immediate Supervisor within five (5) working days hearing under Article Grievance Procedure, and Steps and of Article shall be omitted in such cases. Any of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure set out above may be extended by mutual agreement in writing between the Company and parties involved. The Parties agree that they will endeavour to resolve the Union. matter in dispute by discussion prior to Step An employee who has been discharged or suspended may file employee, assisted by a ▇▇▇▇▇▇▇, shall first take the matter up with his immediate Supervisor by presenting a written grievance at Step which sets out the Article of the Agreement which is alleged to have been violated. The Supervisor shall reply in writing to the grievance within five (5) working business days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infractionreceipt of the written grievance. Failing settlement at this stage, the Company employee may, within five (5) business days after receiving the reply, process the matter to Step The employee, assisted by a ▇▇▇▇▇▇▇, may consider take the employee's entire record preceding suspension matter up with the appropriate Department Head or dismissal designate. The Department Head shall reply in writing to the grievance within five (reinstatement), as 5) business days after the case may bematter was taken up with him. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infractionFailingsettlement at this stage, the Company may consider employee may, within five (5) business days after receiving the employeeDepartment Head's entire record preceding reply, process the employee's oral or written warning, as the case may be.matter to Step

Appears in 1 contract

Sources: Collective Agreement

ARTICLE GRIEVANCE PROCEDURE. The parties If there occur grievances, complaints, disputes or differences arising between the Employer and an employee, an ▇▇▇▇▇▇▇ effort shall be made to this Agreement are settle such differences fairly and promptly in the following manner: In order that grievances shall not be harboured and shall be handled without delay, it is agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, considered where the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, arose more than five (5) fifteen working days prior to its original presentation registration in writing at Step A grievance shall consist of One below. An employee and his/her ▇▇▇▇▇▇▇ may request his/her non-union supervisor to handle a dispute concerning interpretation and/or application of any Articlespecific problem where the actual details are clearly identified. The employee and the ▇▇▇▇▇▇▇ will make every effort to adjust the situation with the non-union supervisor before it is in writing. If the problem is not adjusted by the non-union supervisor, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled placed in writing on a standard grievance form with the full details of the grievance clearly identified including, if applicable, the clause or clauses of the Collective Agreement alleged to have been violated. It may be signed by the employee involved and in all cases by a ▇▇▇▇▇▇▇. The non-union supervisor shall give his/her answer in writing to the ▇▇▇▇▇▇▇ as followssoon as possible, but not more than five working days after the grievance has been presented in writing. Prior If the grievance is not settled at Step One, the written grievance may be referred to filing the Chief Librarian by the employee(s) concerned together with the Chief ▇▇▇▇▇▇▇. Such a formal grievance must be referred within five working days after a written answer has been given in Step One. The Chief Librarian shall render his/her decision as soon as possible, but not more than five working days after receiving the written grievance. If the grievance is not settled at Step Two, the matter shall be referred to the Director of Human Resources by the Union within five working days of the date when the Chief ▇▇▇▇▇▇▇ received his/her answer in writing from the Chief Librarian. A grievance meeting will be arranged by the Director of Human Resources with the Union grievance committee within working days after his/her receipt of the grievance. The National Representative of the Union shall have the right to attend such meeting. The Director of Human Resources shall reply in writing within five working days if the matter is not resolved at this meeting. In the case of an employee willwho feels that he/she has been unjustly discharged, or where the grievance is one involving general policy, or where the grievance is submitted on behalf of a group of employees, Step One of the grievance procedure may be omitted and the grievance may commence at Step Two. It is agreed that the time limits referred to in Steps One, Two and Three may be extended by mutual consent. Furthermore, it is understood that any of the specific Union or Employer officials referred to in this Article may be replaced by a designated representative. Each employee, along with the assistance of his a Union ▇▇▇▇▇▇▇, refer shall have the on an informal basis right to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles review his/her own personal file and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief ▇▇▇▇▇▇▇ and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may bereview his/her record.

Appears in 1 contract

Sources: Collective Bargaining Agreement