Discharge Grievance Clause Samples

Discharge Grievance. If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a Union ▇▇▇▇▇▇▇, or by the Union ▇▇▇▇▇▇▇ at Step 2 of the grievance procedure to the Hospital within five (5) days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration procedure by: (a) confirming the Hospital’s action in discharging the employee, or (b) reinstating the employee with up to full seniority for time lost and up to full compensation for time lost, (c) any other arrangement which may be deemed just and equitable. (a) Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten (10) days after the decision under Step 2 is given, the grievance shall be deemed to have been abandoned. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator/arbitrator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator/arbitrator.

Discharge Grievance. If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a Union ▇▇▇▇▇▇▇, or by the Union ▇▇▇▇▇▇▇ at Step of the grievance procedure to the Hospital within five (5) days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration procedure by:

Discharge Grievance. (a) An employee shall only be discharged from the employment for just cause, except that an employee who has not completed the probationary period may be released based on a fair and proper assessment against reasonable standards of performance and suitability. An allegation of action contrary to this clause may be taken up as a grievance. (b) Such grievance shall proceed directly to Step No. 1 of the grievance procedure and must be presented in writing, dated and signed within ten (10) days following the discharge. (a) If an employee is to be reprimanded or disciplined, she may have an employee representative present if she so requests. (b) If an employee is to be suspended or discharged, the Employer shall notify her of this right prior to the outset of the meeting. (c) The employee representatives undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when an employee representative is unavailable, the employee representative will endeavour to provide an alternate representative.

Discharge Grievance. The release of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed his probationary period. A claim by an employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance. Such grievance shall be submitted through the Local Union, signed by the grievor and the Local Union President, or designate, to the CEO of the Hospital, or designate within seven (7) calendar days after the date the discharge is effected. Such grievance may be settled by: (a) confirming the Hospital's action in dismissing the employee, or (b) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost, or (c) any other arrangement which may be deemed just and equitable.

Discharge Grievance. Where a Teacher has received a termination notice, the Teacher may file a grievance at Step One within ten (10) days of written notice of termination.

Discharge Grievance. The letter of termination or suspension without pay of an employee who has completed probation will include written reasons and will be provided to the employee within seven (7) calendar days of termination or suspension without pay. A discharge grievance is to be submitted as a written statement lodged by the employee with the Employer within fourteen (14) calendar days of the discharge and will be dealt with starting at Article 8.03 of the grievance procedure.

Discharge Grievance. If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union ▇▇▇▇▇▇▇, or by the union ▇▇▇▇▇▇▇ at Step 3 of the grievance procedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration procedure by: confirming the Hospital's action in discharging the employee, or reinstating the employee with up to full seniority for time lost and up to full compensation for time lost, any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten days after the decision under Step 3 is given, the grievance shall be deemed to have been abandoned. All agreements reached, under the grievance procedure, between the representatives of the Hospital and representatives of the Union will be final and binding upon the Hospital, the Union and the employee(s). When either party requests that any matter be submitted to Arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five days thereafter, the other party shall appoint its nominee, provided however, that if such party fails to appoint its nominee as herein required, the Minister of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to agree upon a chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman within a period of ten days of the appointment of the second nominee, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be appointed to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The proceedings of the Arbitration Board will be expedited by the p...

Discharge Grievance. (a) In the event of an employee being discharged from employment, and the employee feeling that an injustice has been done, the case may be taken up as a grievance. (b) All such cases shall be taken up within four (4) days and disposed of within seven (7) days (or such longer period as may be mutually agreed upon) of the date of the employee is notified of his discharge, except where a case is taken to Arbitration. Such a claim by an employee shall be treated as a grievance if a written statement of such grievance is lodged with the Administrator within four (4) days after the employee is notified of his discharge or within four (4) days after the employee ceases to work for the Employer, whichever is the earlier. All steps of the grievance procedure to Step Number 2 may be omitted in such cases. (c) Such special grievances may be settled by confirming the Employer'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 parties or the Board of Arbitration, as the case may be.

Discharge Grievance. A claim by an employee that she has been unjustly suspended or discharged shall be treated as a grievance if a written statement of such grievance is filed by the employee within five (5) calendar days after the employee has received notice of discharge or suspension in writing from the Employer. Such special grievance shall be taken up at Step 2 of the grievance procedure. It is agreed that the Union Chairperson will be notified immediately upon the dismissal or suspension of any employee within the bargaining unit.