Common use of Cases Clause in Contracts

Cases. In the event of an employee who has attained seniority being from and employee that an injustice has case may be taken up as a grievance. All such grievances shall be taken up within Of Transportation, or in his absence, the Human Re- sources Manager. A grievance meeting shall held within a further 3 working days and the Commissioner Of Transportation, or his representative, shall render a decision in writing within 3 working days of the griev- ance meeting. If the final settlement of the grievance is not arrived at it may be referred to a Board of Arbitra- tion, as provided for in within days of when the decision was rendered. All preliminary steps of the grievance prior to step No. 3 will be in such case. Such special grievance may be settled by confirming the Management’s action in dismissing the employee, or by reinstating with full compensation for time lost, or by any other which is just and equitable in opinion of the conferring parties. When an employee has been dismissed of Committee before leaving the Com- pany’s premises. ARTICLE NO STRIKES NO LOCKOUTS In view of the orderly by this agreement for the settling of disputes and the ▇▇▇▇▇ agrees that during the life of this agreement, there will be no strike, slowdown or stoppage of work, either complete or partial and the company agrees that there will be no lockout. The Company shall have the right to who take part in or instigate any strike, stoppage, or slowdown, but a claim of unjust discharge or treatment may the subject of a grievance and dealt with as provided in Article 6 The Union agrees that it will not involve the Company in any dispute and another any dispute between any otheremployer and the employees of such employer. or in any dispute between Union and another bargaining agent.

Cases. In the event of an employee who has attained seniority being discharged from employment, and the employee feeling that an injustice has been done, the case may be taken up as a grievance. All such grievances cases shall be taken up within Of Transportation, or in his absence, the Human Re- sources Manager. A grievance meeting shall held within a further 3 five (5) working days and the Commissioner Of Transportation, or his representative, shall render a decision in writing disposed of within 3 seven (7) working days of the griev- ance meetingdate the employee is notified of discharge, except where a case is taken to arbitration. If the final settlement A claim by an employee, who has attained seniority, that has been unjustly discharged from employment shall be treated as a grievance if a written statement of the such grievance is not arrived at it may be referred lodged with the Plant Manager within three (3) working days after the employee ceases to a Board of Arbitra- tion, as provided work for in within days of when the decision was renderedCompany. All preliminary steps of the grievance procedure prior to step No. 3 will be omitted in such case. Such special grievance grievances may be settled by confirming the Management’s management's action in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring partiesparties or the arbitrator. When an employee has been dismissed of Committee before leaving discharged without notice, shall have the Com- pany’s premises. ARTICLE NO STRIKES NO LOCKOUTS In view of right if is at work to be interviewed by the orderly by this agreement for the settling of disputes and the Local Union President or designate or ▇▇▇▇▇▇▇ agrees if either is available on the shift. Written or verbal warnings shall be given within the time limits in 6.02; that during is within seven (7) full working days of the life circumstances except where a person necessary to the investigation is on vacation or leave of this absence in which case the maximum shall be twenty-one (21) days. In the event a disciplinary warning is given to an employee, such disciplinary warning shall be given to the employee concerned in writing and three (3) copies given to the Grievance Committee. Management shall not consider any disciplinary action involving the employee which occurred one (Iy)ear or more preceding the act which brought about the disciplinary action. Without limiting the employer's management rights pursuant to the collective agreement, there will be no strike, slowdown the Union may make recommendationsto the employer with respect to the discipline of the individual and/or other resolutions of personal conflicts or stoppage differences of work, either complete or partial and the company agrees that there will be no lockoutopinion. The Company shall keep an employee qualification record updated in their personnel file provided the employee shall add any additional qualifications as they are obtained and to correct any incorrect information. The employee shall have the right to who take part in or instigate any strike, stoppage, or slowdown, but a claim of unjust discharge or treatment may review employee file upon request to the subject of a grievance and dealt with as provided in Article 6 The Union agrees that it will supervisor after working hours not involve the Company in any dispute and another any dispute between any otheremployer and the employees of such employer. or in any dispute between Union and another bargaining agentto exceed one hour duration.

Cases. In the event of an employee who has attained attain- ed seniority being discharged from and employmentand the employee feeling that an injustice has case been done, the cause may be taken up as a grievance. All such grievances cases shall be taken up within Of Transportation, or in his absence, the Human Re- sources Manager. A grievance meeting shall held within a further 3 three working days and the Commissioner Of Transportation, or his representative, shall render a decision in writing disposed of within 3 working seven work- ing days of the griev- ance meetingdate the employee is notified of discharge, except where a case is taken to arbitra- tion. If the final settlement A claim by an employee who has attained seniority that has been unjustly discharged from employment shall be treated as a grievance if a written statement of the such grievance is not arrived at it may be referred lodged with the Personnel Manager within three working days after the employee ceases to a Board of Arbitra- tion, as provided work for in within days of when the decision was renderedCompany. All preliminary steps of the grievance procedure prior to step Step No. 3 will be omitted in such casecases. Such special grievance may be settled by confirming con- firming the Management’s action in dismissing the employee, employee or by reinstating the employee in former position with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties. When an employee has been dismissed without notice, shall have the right to inter- view ▇▇▇▇▇▇▇ and/or a member of the Union Grievance Committee for a reasonable period of time before leaving the Com- pany’s plant premises. The employee mentioned above shall be escorted out of the plant by ▇▇▇▇▇▇▇ and personnel manager, or another management person. ARTICLE NO STRIKES NO LOCKOUTS In view of the orderly procedure established by this agreement for the settling of disputes and the ▇▇▇▇▇ handling of grievances, the Union agrees that during that, dur- ing the life lifetime of this agreement, there will be no strike, slowdown or stoppage of work, either complete com- plete or partial partial, and the company Company agrees that there will be no lockoutlock-out. The Company shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, stoppage, stoppage or slowdown, but a claim of unjust discharge or treatment treat- ment may be the subject of a grievance and dealt with as provided in Article 6 above. Should the Union claim a cessation of work constitutes a lockout, it may take the matter up with the Company as provided in Step No. of Article The Union further agrees that it will not involve in- volve any employee of the Company Company, or the Com- pany itself, in any dispute and another any dispute which may arise between any otheremployer other employer and the employees of such other employer. In the event of any such strikes, slowdown or stoppage of work, either complete or partial, the Union shall not be held responsible if it officially repudiates such action forthwith upon request by the Company in writing of such repudiation and does not, in any dispute between Union and another bargaining agentway, instigate or support any such action.

Cases. In It is recognized that probationary employees may be released for reasons less serious than in the event case of the discharge of an employee who has attained seniority being from completed probationary period and accordingly, the release of a probationary employee will not be subject to the Grievance Procedure. A claim by an employee who has completed probationary period that an injustice has case may been unjustly discharged shall be taken up treated as a grievance. All grievance if a written statement of such grievances shall be taken up within Of Transportation, or in his absence, the Human Re- sources Manager. A grievance meeting shall held within a further 3 working days and the Commissioner Of Transportation, or his representative, shall render a decision in writing within 3 working days of the griev- ance meeting. If the final settlement of the grievance is not arrived lodged with the Corporation at it may be referred to a Board of Arbitra- tion, as provided for in within days of when the decision was renderedStep No. All preliminary steps of the grievance prior to step No. 3 will be in such casenoon on the fifth (5) working day after the discharge is effected. Such special grievance may be settled by under the Grievance or Arbitration Procedure by: (a) confirming the Management’s Corporation's action in dismissing the employee; reinstating the employee with payment to for such time lost due to the discharge at regular rate of pay for scheduled work for such period less any amounts of money earned by the employee during such a period; When either party requests that any matter be submitted to arbitration as hereinbefore provided, or by reinstating with full compensation it shall make such request, in writing, addressed to the other party to this Agreement, and at the same time propose three (3) arbitrators for time lostthe other party to consider. Upon reaching agreement, or by any other the parties to this Agreement will agree on a suitable date having regard to the arbitrators available dates. No matter may be submitted to arbitration which is just and equitable in opinion has not been carried through all requisite steps of the conferring partiesGrievance Procedure. When an employee has been dismissed The arbitrator shall not be authorized to make any decision inconsistent with the provisions of Committee before leaving the Com- pany’s premisesthis Agreement, nor to alter, add to or amend any part of this Agreement. ARTICLE NO STRIKES NO LOCKOUTS In view The proceedings of the orderly Arbitration will be expedited by the parties hereto and the decision of the Arbitrator will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will jointly bear the fees and expenses of the Arbitrator. The time limits fixed in both the Grievance and Arbitration Procedure may be extended by consent of the parties of this agreement Agreement. A or any employee with a legally vested interest, shall not lose any pay for regular time spent at an Arbitration Hearing. Necessary witnesses shall not lose any pay for the settling of disputes testimony. a) Seniority is defined as the length of service in the bargaining unit and shall include service with the ▇▇▇▇▇ agrees that during employer prior to the life certification of the Union. Seniority shall be used in determining preference or priority for promotions, transfers, demotion, lay-off, permanent reduction of the work force, and recall, as set out in other provisions of this agreement. Seniority shall operate on a bargaining-unit-wide basis. In the event that an employee from the Clerical and Technical unit of the City is moved into this bargaining unit, there as a result of the application of any provision of either Collective Agreement, previously held seniority shall be retained. An employee will be considered on probation and will not be subject to the seniority provisions of this Agreement, nor shall name be placed on the seniority list until after has completed six (6)months of continuous permanent employment with the Corporation. Upon completion of such probationary period the employee shall be placed on the seniority list with seniority based on the date of continuous service in a position within the scope of the collective agreement. Any employee who is hired to a permanent position in the bargaining unit with no strikebreak in service, slowdown or stoppage shall upon successful completion of workthe probationary period have their temporary continuous service recognized with establishing their seniority date, either complete or partial however this shall only apply to service in a temporary position that is listed as a classification in Schedule “A”. A seasonal employee as defined in Article who is hired to a permanent position in the bargaining unit with no break in service, shall, upon successful completion of the probationary period, have their seasonal continuous service recognized when establishing their seniority date. The Corporation shall maintain a seniority list showing the date upon which each employee commenced employment in the Bargaining Unit and the company agrees person's classification. An up-to-date seniority list shall be posted twice a year in January and July. A copy of such list shall be mailed to the Secretary of the Unit Chair at the same time. Notwithstanding the provisions of an employee shall lose all seniority and shall be deemed to have terminated employment if resigns or retires from the employ of the Corporation; is discharged and is not reinstated; is laid off for a period of more than twelve (12) months; is absent from work without permission for three (3) consecutive working days unless a reasonable explanation is given by the employee; fails to return to work upon termination of an authorized leave of absence unless a reasonable explanation is given by the employee or utilizes a leave of absence for purposes other than those for which the leave of absence was granted; fails to return to work within seven (7) calendar days after being recalled from layoff by notice sent by registered mail unless a reasonable explanation is given by the employee; is absent from work due to illness or disability which absence continues more than twenty-four (24) months. while in receipt of workers' compensation benefits from the Workplace Safety and Insurance Board, has concluded the period of re-employment obligation as established by Section of the Workplace Safety and Insurance Act, provided that there such absence is not less than twenty four (24) months from the date of the injury. For all permanent position vacancies intended to be filled, the Corporation shall post notices with the information as indicated in Schedule on all bulletin boards for a period of one week and shall send a copy to the Unit Chairperson. When it is known at the time of posting that the position will be no lockoutreviewed within six (6) months of the posting date, then the words "under review'' will be with the rate of pay on the posting. The Company shall have Corporation will interview internal applicants who meet the qualifications as outlined on the job posting. When there is no successful qualified applicant, the Corporation reserves the right to interview unqualified internal applicants who take part have applied for the posted position prior to interviewing external applicants. For positions at Level F and above, the Corporation may choose to advertise the vacancy externally concurrent to the internal posting. All current internal applicants who have applied for the position will be considered and a selection decision will be made prior to considering external applicants. Employees, except those in a Facility Operator classification, who have completed their probationary period may make written application for such permanent job vacancy within such posting period. Employees in a Facility Operator classification, who have completed twelve (12) months of employment, may make written application for such permanent job vacancy within such posting period. Employees will be limited to one lateral transfer in a twelve month period. Every effort will be made to fill posted vacancies within one month of the closing date as noted on the job posting. Employees who have been successful to posted positions who are required to remain in their current position will receive their new rate of pay no later than two weeks after accepting the new position. It is understood that nothing in this Section restricts the right of the Corporation to temporarily assign an employee to a job currently posted on an acting basis until the posting procedure has been completed and arrangements made to permit the employee selected, if any, to fill the position. Promotion shall mean a transfer to an occupational classification in the bargaining unit that is paid at a higher rate of pay. In cases of promotion for positions below Level the following factors shall be considered: (a) seniority qualifications and job efficiency Where two or instigate any strikemore applicants for the position, stoppageseniority shall govern. In cases of promotion, (other than to positions outside the scope of the bargaining unit), for positions at Level F and above, the following factors shall be considered: (a) posted qualifications demonstrated skills and abilities as required for the posted position satisfactory work performance with the Corporation where unsatisfactory performance is a matter of record in the Human Resources file Where two or slowdownmore applicants are deemed to be equal under (a), but and seniority shall govern. The Corporation may, at its discretion, when there are no qualified internal applicants, promote an internal applicant with the potential to become qualified within a claim reasonable period of unjust discharge time. Any employee so promoted will be given a trial period and may revert to former position in accordance with Article or treatment may if the subject required qualifications are not met within the agreed period of a grievance time. In cases of layoff and dealt with as provided in Article 6 The recall from layoff, seniority shall govern providing the remaining employees have the qualifications to perform the work available. It is understood, however, that probationary employees shall be first laid off. Unless legislation is more favourable to the employees the Corporation shall notify the Union agrees that it will not involve the Company in any dispute and another any dispute between any otheremployer and the employees who are to be laid off thirty (30) calendar days prior to the effective date of such employerany layoff which is expected to exceed working days. If employees have not had the opportunity to work the said thirty (30) calendar days, they shall be paid for the days on which work was not made available. No new employee will be hired to perform work that an employee on layoff is capable of performing. Every effort will be made to find alternative work for any employee who is prevented from carrying out normal duties due to circumstances beyond or in any dispute between Union and another bargaining agentthe Corporation’s control.

Cases. In the event of an employee who has attained seniority being discharged from employment and the employee feeling that an injustice has case been done, the cause may be taken up as a grievance. All such grievances cases shall be taken up within Of Transportation, or in his absence, the Human Re- sources Manager. A grievance meeting shall held within a further 3 three (3) working days and the Commissioner Of Transportation, or his representative, shall render a decision in writing disposed of within 3 seven (7) working days of the griev- ance meetingdate the employee is notified of discharge, except where a case is taken to arbitration. If the final settlement A claim by an employee who has attained seniority that has been unjustly discharged from employment shall be treated as a grievance if a written statement of the such grievance is not arrived at it may be referred lodged with the Senior Company Official in charge of Human Resources within three (3) working days after the employee ceases to a Board of Arbitra- tion, as provided work for in within days of when the decision was renderedcompany. All preliminary steps of the grievance procedure prior to step Step No. 3 will be omitted in such casecases. Such special grievance may be settled by confirming the Management’s 's action in dismissing the employee, employee or by reinstating the employee in former position with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties. When an employee has been dismissed without notice, shall have the right to interview ▇▇▇▇▇▇▇ and/or a member of the Union Committee for a reasonable period of time before leaving the Com- pany’s plant premises. The employee mentioned above shall be escorted out of the plant by ▇▇▇▇▇▇▇ and a Management Representative. ARTICLE NO STRIKES NO LOCKOUTS In view of the orderly procedure established by this agreement for the settling of disputes and the ▇▇▇▇▇ handling of grievances, the Union agrees that that, during the life lifetime of this agreement, there will be no strike, slowdown or stoppage of work, either complete or partial partial, and the company Company agrees that there will be no lockout. The Company shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, stoppage, stoppage or slowdown, but a claim of unjust discharge or treatment may be the subject of a grievance and dealt with as provided in Article 6 above. Should the Union a cessation of work constitutes a lockout, it may take the matter up with the Company as provided in Step No. of Article The Union further agrees that it will not involve any employee of the Company, or the Company itself, in any dispute and another any dispute dispute, which may arise between any otheremployer other employer and the employees of such other employer. In the event of any such strikes, slowdown or stoppage of work, either complete or partial, the Union shall not be held responsible if it officially repudiates such action forthwith upon request by the Company in writing of such repudiation and does not, in any dispute between Union and another bargaining agentway, instigate or support any such action.

Cases. In a) New employees hired shall be considered probationary until they have completed a period of fifty (50) days worked or four hundred (400) hours, whichever occurs first, after which time their seniority shall date back to the event day of original hiring. It is agreed that probationary employees may be discharged at the sole lawful discretion of the Company for any lawful reason satisfactory to the Company and that such action is not subject to the Grievance and Arbitration Procedures and does not constitute a difference between the parties. If it is alleged that the Company exercised its discretion unlawfully or that a probationary employee has been dismissed for an unlawful reason, the grievance shall specify what is being alleged, shall include particulars of the alleged unlawful exercise of discretion or alleged unlawful reasons and shall specify any provisions of this Agreement and statutory provisions that are alleged to have been violated by the Company. When an employee is laid off during their probationary period and is recalled within thirteen weeks, the days worked for purposes of the probationary period shall continue from the date of original hire. Recalls, after thirteen (I 3) weeks will be treated as new hires. A claim by any employee, who has attained seniority being completed probationary period, that he has been unjustly discharged from and employee that an injustice has case may employment shall be taken up treated as a grievance. All grievance if a written statement of such grievances shall be taken up within Of Transportation, or in his absence, the Human Re- sources Manager. A grievance meeting shall held within a further 3 working days and the Commissioner Of Transportation, or his representative, shall render a decision in writing within 3 working days of the griev- ance meeting. If the final settlement of the grievance is not arrived at it may be referred lodged with the Resources Manager within five (5) days after the employee ceases to a Board of Arbitra- tion, as provided work for in within days of when the decision was renderedCompany. All preliminary steps of the grievance procedure prior to step No. 3 Step will be omitted in such casecases. Such special grievance grievances may be settled by confirming the Managementmanagement’s action in dismissing discharging the employee, employee or by reinstating the employee with full compensation for lost time lost, or by any other which is just and equitable in the opinion of the conferring parties. When For greater clarity, and without limiting other grounds for just cause, an arbitrator under this agreement shall always determine that an employee’s discharge is just and equitable where the arbitrator is satisfied the employee: a) Has an of theft Company, its customers, or its employees Has committed on Company property an act of possessing, consuming, inhaling, or arranging for distribution an illegal substance under the Criminal Code or Controlled Substances Act or its regulations. In the event employee has been dismissed of Committee before leaving the Com- pany’s premises. ARTICLE NO STRIKES NO LOCKOUTS In view discharged, representative of the orderly by this agreement for the settling of disputes and the ▇▇▇▇▇ agrees that during the life of this agreement, there will be no strike, slowdown or stoppage of work, either complete or partial and the company agrees that there will be no lockout. The Company shall have notify the right to who take part in or instigate any strike, stoppage, or slowdown, but a claim of unjust discharge or treatment may the subject of a grievance and dealt with as provided in Article 6 The Union agrees that it will not involve the Company in any dispute and another any dispute between any otheremployer and the employees of such employer. or in any dispute between Union and another bargaining agentwithin twenty-four (24) hours.