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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Discharge Grievance. If involving the discharge of an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim employee must be submitted by produced in writing and originated under Step within seven (7) calendar days of the employee, who may be accompanied by a union ▇▇▇▇▇▇▇, or by the union ▇▇▇▇▇▇▇ at Step 3 employee being notified of his discharge. All agreements reached under 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 Health Centre and the representatives of the Union will be final and binding upon the Hospital, Health Centre and the Union and the employee(s)employee or employees involved. When either party requests that any matter Where two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, all such employees shall sign a grievance form and submit the grievance at Step within fourteen (14) calendar days of the event giving rise to the grievances. The grievances shall be processed as one grievance subject to all applicable provisions under the Grievance Procedure. If the Health Centre does not reply within the time limits stated in the article, the grievance may be submitted to Arbitration the next step of the grievance procedure. In such cases, for the purposes of proceeding to arbitration, the grievance shall be considered to have conformed to the of the Grievance Procedure. Similarly, if the Union does not proceed to the next step within the time limits, the grievance is deemed to be withdrawn. If the Health Centre or Union requests that a grievance be submitted to arbitration, as provided in this Articleherein before provided, it shall make such request in writing addressed to the other party to this Agreementagreement, and at the same time appoint name a nominee. Within five seven (7) calendar days thereafter, thereafter the other party shall appoint its name a nominee, provided howeverprovided, however that if such party fails to appoint its name a nominee as herein required, the Minister Office of Arbitration of the Ministry of Labour for of the Province of Ontario shall have the power to make effect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to agree upon select by agreement a chairman of the Arbitration Board. If they are unsuccessful in agreeing unable to agree upon such a chairman within a period of ten days of the appointment of the second nomineefourteen (14) calendar days, they shall then request the Minister Office of Arbitration of the Ministry of Labour for of the Province of Ontario to appoint a chairman. No person may be appointed to the Arbitration Board as an arbitrator 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 Proceduregrievance procedure. The Board of Arbitration shall not have any power to amend, alter, or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, majority and where there is no majority, the decision of the Chairman, chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense expenses of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman chairman of the Arbitration Board. Saturdays, Sundays and Holidays are A new employee will be considered on probation until he has completed hours worked with the Health Centre from his most recent date of hire. Upon completion of such probationary period the employee shall be credited with seniority on the basis of hours paid. The dismissal of a probationary employee shall not to be counted in the time limits as set out in this Articlesubject of a grievance. Wherever Arbitration Board is referred to in Rather a Probationary employee may be dismissed at the Agreementsole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the parties hereto may mutually agree in writingprobationary employee, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring union, such probationary period may be extended. Any extensions agreed to Arbitration Board will be in writing and will the length of the extension. An employee who transfers to or from casual, part-time or full-time status shall appropriately applynot be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Discharge Grievance. If an employee, employee who has completed his his/her 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 pro- cedure to the Hospital within five days following the date of 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 chairperson of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman chairperson 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 chairmanchairperson. 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the ChairmanChairperson, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman Chairperson of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.. ARTICLE SENIORITY
Appears in 1 contract
Sources: Collective Agreement
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 ’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, or any other arrangement which may be deemed just and equitable. 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 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 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 parties oat-ties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 Union ▇▇▇▇▇▇▇, or by the union Union ▇▇▇▇▇▇▇ at Step 3 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: 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, procedure any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten (IO) days after the decision under Step 3 is given, the grievance shall be deemed to have been abandoned. 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 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. 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). .IO (a) 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 (5) 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 (IO) 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. Notwithstanding (a) above, the parties may, upon mutual agreement, agree to a sole arbitrator who shall proceed by way of mediation- arbitration. The party making the request shall do so in writing and at the same time, it shall propose the name of a sole arbitrator. Within five (5) calendar days thereafter, the other party shall agree in writing or propose an alternate If there is no agreement within ten calendar days, the Minister of Labour shall have the power to effect such appointment upon application thereto by the party invoking the arbitration procedure. Once appointed, the sole arbitrator shall have all powers as set out in Section of the Labour Relations Act including the power to impose a settlement and to limit evidence and submissions. 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 authorized 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 parties hereto and the decision of the majority, majority and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration 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 providedpro- vided. 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the thereafter other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. 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 Griev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration 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 providedpro- vided. 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 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the thereafter other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. The two nominees shall attempt to agree upon a chairman of the Arbitration BoardHoard. 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 Hoard 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 Griev- ance Procedure. The proceedings of the Arbitration Board Hoard will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
Discharge Grievance. If an employee, employee who has completed his his/her probationary period, claims that he he/she has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a union ▇▇▇▇▇▇▇, or by the union ▇▇▇▇▇▇▇ employee at Step 3 of the grievance procedure to the Hospital within five days following the date the discharge is effective. Such grievance may The decision of the Hospital shall be settled under delivered in writing within ten days following the Grievance and Arbitration procedure by: confirming date of 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 equitableStep 3 meeting. 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. Where no written answer has been received within the time limits specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. The parties acknowledge that the time limits set out in 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. All agreements reached, under the grievance procedure, between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital, the Union and the employee(s)employees. When either party requests that any matter be submitted to Arbitration arbitration as provided in this Articlearticle, it shall will make such request in writing addressed to the other party to this Agreementagreement, and at the same time appoint a nominee. Within five seven 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 chair of the Arbitration Boardarbitration board. If they are unsuccessful in agreeing upon such a chairman chair within a period of ten fourteen days of the appointment of the second nominee, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairmanchair. No person may be appointed to the Arbitration Board arbitration board who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board arbitration board shall not be to make any decision inconsistent with the provisions of this Agreementagreement, nor to alter, modify, add to or amend any part of this Agreementagreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Proceduregrievance procedure. The proceedings of the Arbitration Board will arbitration board shall be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, Chair will be final and binding upon on the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman chair of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Articlearbitration board. Wherever Arbitration Board the arbitration board is referred to in the Agreementagreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board arbitration board at the time of reference to arbitration and the other provisions referring to Arbitration Board arbitration board shall appropriately apply.. ARTICLE SENIORITY Probationary Period A new employee will be considered to be on probation until he/she has completed ninety days of work. In the case of part-time employees, the probation period will be hours worked. Upon completion of the probationary period, the employee will be credited with seniority equal to ninety working days or hours for part-time employees. The probationary period may be extended by the Hospital upon notification to the Union. Any extension request will be in writing and will specify the length of the extension. The release or discharge of an employee during the probationary period will not be the subject of a grievance or arbitration and is the sole discretion of the Hospital. Definition of Seniority
Appears in 1 contract
Sources: Collective Agreement
Discharge Grievance. If an employeeemployee , 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 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 a s hereinafter providedprovided . If no written request for arbitration is received within ten days after the decision under Step 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). 'IO When either party requests that any matter be submitted to Arbitration arbitration as provided in this Articlearticle, it shall make such request in writing addressed to the other o h e r party to this Agreementagreement, 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 O f 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 Hoard 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 -this Agreement. ,, No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Proceduregrievance procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. , Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Board Saturdays, Sundays and Holidays are not to be counted in the time limits Limits as set out in this Article. Article Wherever Arbitration Board is referred to in the Agreementagreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to -to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discharge Grievance. If A claim by an employee, employee who is in the bargaining unit and who has completed his her probationary period, claims period that he she has been unjustly discharged, discharged shall be treated as a grievance if a written statement of such claim must be submitted grievance is lodged by the employee, who may be accompanied by a union ▇▇▇▇▇▇▇, employee with the Director of Personnel or by the union ▇▇▇▇▇▇▇ at Step 3 of the grievance procedure to the Hospital her designate within five days following after the date employee ceases to work for the discharge is effectiveHospital. Thereafter, the Director of Personnel or her designate will meet with the Union Grievance Committee as constituted under Article 8 five days. to such meeting, the Director of Personnel or her designate will convey her decision to the Union Grievance Committee within five days. Such special grievance may be settled under the Grievance and Arbitration procedure by: by confirming the Hospital's action in discharging dismissing the employee, employee or by reinstating the employee with up to full seniority for time lost and up to full compensation for time lost, lost due to discharge or by any other arrangement which may be deemed is just and equitableequitable in the opinion of the con- ferring parties, and in accordance with the above pro- visions for dealing with all grievances. Failing In the event of a failure to reach a settlement under the foregoing procedureprocedure set out above, grievance either the Hospital or the Union may be submitted initiate arbitration proceedings by notifying the other party in writing of their intention to go to arbitration as hereinafter provided. If no written request for arbitration is received within ten days after of the date of 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 Director of Personnel referred to in Article or Article whichever is applicable. 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 then each appoint a nominee. Within an arbitrator 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 proceduredays. The two nominees arbitrators so appointed shall attempt then endeavour to agree upon a chairman third arbitrator to act as Chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman this third arbitrator is not chosen within a period of next ten days then the process of the appointment of the second nominee, they Ontario Labour Management Arbitration Com- mission shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. be No person may shall be appointed to the Arbitration Board as an arbitrator who has been involved previously in an attempt to negotiate or settle the grievance. Each party shall bear the expense of its own appointee and its witnesses and the expense of the Chairman shall be shared equally by both parties. The Arbitration proceedings of the arbitration board shall be expedited by the Hospital and the Union. The decision of the majority of such Board shall be final and binding upon both parties as well as all employees affected but the arbitrators shall not be to make make, nor shall they make, any decision or recommendation inconsistent with the provisions of this Agreement, nor shall they have the power to alteradd to, modify, add to sub- tract from or amend modify any part of the terms of this Agreement. In the event that there is no majority decision, the decision of the Chairman shall then be the decision of the Board. It is agreed that by mutual agreement a single arbitrator may act to settle the grievance subject to all the conditions set out above. No matter may be submitted to arbitration which has not been properly carried through all requisite previous steps of the Grievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discharge Grievance. If A claim by an employee, employee who is in the bargaining unit and who has completed his her probationary period, claims period that he she has been unjustly discharged, discharged shall be treated as a grievance if a written statement of such claim must be submitted grievance is lodged by the employee, who may be accompanied by a union ▇▇▇▇▇▇▇, employee with the Director of Personnel or by the union ▇▇▇▇▇▇▇ at Step 3 of the grievance procedure to the Hospital her designate within five days following after the date employee ceases to work for the discharge is effectiveHospital. Thereafter, the Director of Personnel or her designate will meet with the Union Grievance Committee as constituted under Article 8 hereof within five days. Subsequent to such meeting, the Director of Personnel or her designate will convey her decision to the Union Grievance Committee within five days. Such special grievance may be settled under the Grievance and Arbitration procedure by: by confirming the Hospital's action in discharging dismissing the employee, employee or by reinstating the employee with up to full seniority for time lost and up to full compensation for time lost, lost due to discharge or by any other arrangement which may be deemed is just and equitableequitable in the opinion of the conferring parties, and in accordance with the above provisions for dealing with all grievances. Failing In the event of a failure to reach a settlement under the foregoing procedureprocedure set out above, grievance either the Hospital or the Union may be submitted initiate arbitration proceedings by notifying the other party in writing of their intention to go to arbitration as hereinafter provided. If no written request for arbitration is received within ten days after of the date of 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 Director of Personnel referred to in Article or Article whichever is applicable. 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 then each appoint a nominee. Within an arbitrator 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 proceduredays. The two nominees arbitrators so appointed shall attempt then endeavour to agree upon a chairman third arbitrator to act as Chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman this third arbitrator is not chosen within a period of the next ten days then the process of the appointment of the second nominee, they Ontario Labour Management Arbitration Commission shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. be No person may shall be appointed to the Arbitration Board as an arbitrator who has been involved previously in an attempt to negotiate or settle the grievance. Each party shall bear the expense of its own appointee and its witnesses and the expense of the Chairman shall be shared equally by both parties. The Arbitration proceedings of the arbitration board shall be expedited by the Hospital and the Union. The decision of the majority of such Board shall be final and binding upon both parties as well as all employees affected but the arbitrators shall not be to make make, nor shall they make, any decision or recommendation inconsistent with the provisions of this Agreement, nor shall they have the power to alteradd to, modify, add to subtract from or amend modify any part of the terms of this Agreement. In the event that there is no majority decision, the decision of the Chairman shall then be the decision of the Board. It is agreed that by mutual agreement a single arbitrator may act to settle the grievance subject to all the conditions set out above. No matter may be submitted to arbitration which has not been properly carried through all requisite previous steps of the Grievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 Union ▇▇▇▇▇▇▇, or by the union 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 Chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman 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 grievanceChairman. 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
Discharge Grievance. If an employee, any 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 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 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, or any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, procedure any grievance may be maybe 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 procedureGrievance Procedure, between the representatives Representatives of the Hospital and representatives the 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 request, in writing 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 procedureArbitration Procedure. The two nominees shall attempt to agree upon a chairman Chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman 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 chairmanChairman. No no person may be maybe 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 Agreementagreement. No matter may be submitted to arbitration which has not been properly carried through all requisite requisites steps of the Grievance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever article Whenever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree agree, in writing, writing to substitute a single arbitrator Arbitration for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.. ARTICLE SENIORITY:
Appears in 1 contract
Sources: Collective Agreement
Discharge Grievance. If The release of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that where an employeeemployee is required to attend a meeting with the Hospital that may lead to disciplinary action, as a good labour relations practice, it will inform the employee of the purpose of the meeting. The Hospital agrees that it will not discharge any employee who has completed his their probationary period, claims period without just cause. A claim by an employee who has completed her probationary period that he she has been unjustly discharged, such claim must discharged shall be treated as a grievance. Such grievance shall be submitted through the Local Union, signed by the employee, who may be accompanied by a union ▇▇▇▇▇▇▇grievor and the Local Union President, or by designate, to the union ▇▇▇▇▇▇▇ at Step 3 CEO of the grievance procedure to the Hospital Hospital, or designate within five seven (7) calendar days following after the date the discharge is effectiveeffected. Such grievance may be settled under the Grievance and Arbitration procedure by: :
a) confirming the Hospital's action in discharging dismissing the employee, or or
b) reinstating the employee with up to full or without loss of seniority for time lost and up to with or without full compensation for the time lost, or c) any other arrangement which may be deemed just and equitable. .
8.07 Failing settlement under the foregoing procedure, any grievance, including a question as to whether the grievance is arbitrable, may be submitted to arbitration as hereinafter herein provided. If no written request for arbitration is received within ten fourteen (14) calendar days after the decision under Step 3 the foregoing procedure is given, the grievance shall be deemed to have been abandoned. .
8.08 All agreements reached, reached under the grievance procedure, procedure between the representatives of the Hospital and Hospital, the representatives of the Union and the grievor(s) will be final and binding upon the Hospital, the Union and the employee(s). parties.
8.09 When either party requests that any matter be submitted to Arbitration 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 seven (7) calendar 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 Chair of the Arbitration Board. If they are unsuccessful in agreeing unable to agree upon such a chairman Chair within a period of ten days of the appointment of the second nomineefourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. Chair.
8.10 No person may be appointed to the Arbitration Board as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. , except as herein provided.
8.11 No matter may be submitted to arbitration, which has not been properly carried through all requisite steps of the grievance procedure.
8.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor or 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. .
8.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the parties. The decision of the majority, and where there is no majority, the decision of the ChairmanChair, will be final and binding upon the parties hereto and the employee or employees concerned. employee(s).
8.14 Each of the parties hereto will bear the expense of the nominee appointed by it its nominee, and the parties will share equally the fees and expenses, if any, expenses of the Chairman Chair of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the .
8.15 The time limits as set out in this ArticleArticle are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned.
8.16 The parties to this agreement wish to encourage the settlement of grievances as soon as is possible and, wherever possible, without resort to arbitration. Wherever For these reasons:
a) The parties are encouraged to take advantage of the process for mediation/arbitration as provided for in S. 50 of the Labour Relations Act, 1995 (R.S.O. 1995 as amended) (the “Act”).
b) When the parties do not elect to use S. 50 of the Act in the period immediately following the referral of a matter to arbitration, the parties will commence a period of review. During this time they will each seek informed opinion with respect to the matter in dispute and consider whether the issues involved are such that the assistance of a mediator, or some form of early intervention, may be helpful. It is expected that this will occur within the first sixty (60) calendar days following referral of the matter to arbitration, avoiding the delay and costs that result from this process occurring immediately prior to an established hearing date.
8.17 Where “Arbitration Board Board” is referred to in the Agreement, the parties hereto may mutually agree in writing, writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
8.18 Notwithstanding the time limits as set out herein, in the interest of bringing the matter to an expeditious conclusion, where the decision or response is provided in less than the number of days provided above, any subsequent response will measure from the receipt of the response.
8.19 The Employer will advise the Union of all dismissals including probationary.
Appears in 1 contract
Sources: Collective Agreement
Discharge Grievance. If involving the discharge of an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim employee must be submitted by reduced to writing and originated under Step No. within ten calendar days of the employeeemployee being notified of his discharge. Notwithstanding anything in this Agreement, who a probationary employee may be accompanied by a union ▇▇▇▇▇▇▇, or by discharged at the union ▇▇▇▇▇▇▇ at Step 3 sole discretion of the grievance procedure and for any reason satisfactory to the Hospital within five days following the date and the discharge of a probationary employee shall not be subject to the grievance or arbitration procedures. It is effectiveagreed that the Chairperson of Committee or a Union Committee member will be notified of the dismissal of a seniority-rated employee. Such GROUP GRIEVANCE Where two or more employees have grievances of a similar nature and each employee would be entitled to grieve separately, all such employees shall sign the grievance may be settled under form and submit 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 at Step within ten calendar days after of the decision under Step 3 is given, event giving rise to the grievance grievances. The grievances shall be deemed processed as one grievance subject to have been abandoned. All agreements reached, all applicable provisions under the grievance procedure, . All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of 'the Union will be final and binding upon the Hospital, Hospital and the Union and the employee(s)employee or employees Where an employee is subject to a suspension or discharge penalty, he shall be entitled upon his request to have a ▇▇▇▇▇▇▇ or Union Committee person present when the disciplinary action is taken, provided that a ▇▇▇▇▇▇▇ or a Committee person is readily available to attend. When either party It is the Employer's responsibility to inform the employee of his right to request such representation. If the Hospital or the Union requests that any matter a grievance be submitted to Arbitration arbitration, as provided in this Articleherein before provided, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint name a nominee. Within five seven calendar days thereafter, thereafter the other party shall appoint its nomineename a nominee provided, provided however, that if such party fails to appoint its name a nominee as herein required, the Minister Office of Arbitration of the Ministry of Labour for of the Province of Ontario shall have the power to make effect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to agree upon select by agreement a chairman Chairman of the Arbitration Board. If they are unsuccessful in agreeing unable to agree upon such a chairman Chairman within a period of ten days of the appointment of the second nomineefourteen calendar days, they shall then request the Minister Office of Arbitration of the Ministry of Labour for of the Province of Ontario to appoint a chairmanChairman. No person may be appointed to the Arbitration Board as an arbitrator 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 Proceduregrievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify or add to any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, majority and where there is no majority, majority the decision of the Chairman, Chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. SaturdaysARTICLE SENIORITY: An employee will be considered on probation until after he has completed three hundred and and one-half hours of work within the bargaining unit within any twelve calendar month period. Upon completion of such probationary period, Sundays the employee will attain seniority and Holidays his name will be placed on the seniority list for this bargaining unit and he will be credited with such hours worked. Notwithstanding anything in this Agreement, a probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the Hospital and the discharge of a probationary employee shall not be subject to the grievance or arbitration procedures. Seniority credited as provided above will thereafter accumulate on the basis of hours worked within the bargaining unit. A seniority list will be posted on the official bulletin boards and will be revised at least semi-annually according to the records of the Employer. The respective last dates of hiring of employees with seniority will also appear on the posted seniority list. The Employer will supply copies of the seniority list to the Chairperson of the Committee and the local Union office. Where vacancies are not posted for positions within the full-time bargaining unit and no applicants within the full-time bargaining unit are considered to be counted suitable to fill such vacancies consideration will be given to applications from employees in this bargaining unit to fill such vacancies prior to consideration of persons not employed by the Employer. Where the Employer fills such vacancies from among applicants from this bargaining unit, the Employer's decision shall be based primarily upon its opinion as to qualifications, skill, ability, experience, and suitability for the particular vacancy of the employee concerned. Where these factors are equal in the time limits as set out in this Article. Wherever Arbitration Board is referred to in opinion of the AgreementEmployer, the parties hereto may mutually agree in writing, applicant with the greatest seniority will be given preference provided is qualified to substitute a single arbitrator perform the job. An employee who transfers from full-time to part-time status on or after January will be given credit for the Arbitration Board at full-time seniority he had prior to the transfer on the basis of one year of full-time seniority = hours worked as part-time. An employee who transfers from part-time to full-time status on or after January will be given credit for the part-time seniority he had prior to the transfer on the basis of reference hours worked as part-time = one year of full-time seniority. For purposes of calculating the credit to arbitration be given, the Hospital will take the hours worked by the employee which are listed on the most recent part-time Seniority List prior to the date of the transfer and add to them the other provisions referring part-time hours worked by the employee from the date of that list to Arbitration Board shall appropriately applythe date of the transfer.
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration 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, any grievance may be submitted to arbitration as hereinafter providedpro- vided. If no written request for arbitration is received within ten (10) 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, thereafter ,the other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. 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 (10) 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 authorized 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 Griev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 Arbi- tration 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 providedpro- vided. 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the thereafter other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. The two nominees shall attempt to agree upon a chairman of the Arbitration BoardHoard. 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.. ARTICLE SENIORITY
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration 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 providedpro- vided. 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the thereafter other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. 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 Griev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
Discharge Grievance. If an employee, 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 pro- cedure to the Hospital within five days following the date of 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 f u l l compensation for time lost, any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter providedpro- vided. 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. 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. 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 authorized 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 Griev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense expenses of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital Centre within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration procedure by: confirming the HospitalCentre'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, any grievance may be submitted to arbitration as hereinafter providedpro- vided. 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 Centre and representatives of the Union will be final and binding upon the HospitalCentre, 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, thereafter ,the other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. 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 chairman. 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 authorized 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 Griev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 Arbi- tration 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 providedpro- vided. 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the thereafter other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. 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. who the nor No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Griev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five ( 5 ) days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or 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, any grievance may be submitted to arbitration as hereinafter providedpro- vided. 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. The two nominees shall attempt to agree upon a chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman 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 authorized 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 Griev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will w i l l bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, ; of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 ’s action in discharging the employee, or of 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, any grievance may be submitted to arbitration as hereinafter herein after provided. If no written request for arbitration is received within ten (IO) 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 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 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 (IO) days of the appointment of the second nominee, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairmanChairman. 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as . set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply. . .
Appears in 1 contract
Sources: Collective Agreement
Discharge Grievance. If involving the discharge of an employeeemployee must be reduced to writing under Step within seven (7) calendar days of the employee being notified of their discharge. An employee may only be discharged for just cause, except that an employee who has not completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by terminated on the basis of a union ▇▇▇▇▇▇▇fair and proper assessment of their suitability for employment with the Employer, or by the union ▇▇▇▇▇▇▇ at Step 3 of but which action may be taken up as a grievance. All agreements reached under 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 Employer and the representatives of the Union will be final and binding upon the Hospital, Employer and the Union and the employee(s)involved. When either party The time limits set out in both the grievance and arbitration procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned subject only to the provisions of the Ontario Labour Relations Act. Arbitration Procedure If the Employer or the Union requests that any matter a grievance be submitted to Arbitration arbitration, as provided in this Articleherein provided, it shall make such request in writing addressed to the other party to this Agreement. The Parties agree that a sole arbitrator shall resolve all grievances that have been processed to arbitration. The Parties mutually agree to develop a roster of four (4) arbitrators. Grievances will be referred for hearing to one of the arbitrators on the roster, in rotation. Notwithstanding the foregoing, if either Party wishes to utilize a Board of Arbitration, they shall notify the other party of same and at the same time appoint name a nominee. Within five seven (7) calendar days thereafter, thereafter the other party shall appoint its name a nominee, provided however, that if such party fails to appoint its name a nominee as herein required, the Minister Office of Arbitration of the Ministry of Labour for of the Province of Ontario shall have the power to make effect 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 as an arbitrator 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 that has not been properly carried through all requisite steps of the Grievance Proceduregrievance procedure. The of Arbitration shall not have any power to amend, alter, modify or add to any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, majority and where there is no majority, majority the decision of the Chairman, Chairperson will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman Chairperson of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 Union ▇▇▇▇▇▇▇, or by the union 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 Chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman 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 chairmanChairman. 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
Discharge Grievance. If an employee, 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 ▇▇▇▇▇▇▇ employee at Step 3 of the grievance procedure to the Hospital within five (5) days following the date the discharge is effective. Such grievance may The decision of the Hospital shall be settled under delivered in writing within ten days following the Grievance and Arbitration procedure by: confirming date of 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 equitableStep meeting. 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 3 is given, the grievance shall be deemed to have been abandoned. Where no written answer has been received within the time limits specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. The parties acknowledge that the time limits set out in 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. All agreements reached, under the grievance procedure, between the representatives of representativesof the Hospital and representatives of the representativesof the Union will be final and binding upon the Hospital, the Union and the employee(s)employees. When either party requests that any matter be submitted to Arbitration as provided in this ArticleEither party, it shall make such request in writing addressed to with the agreement of the other party party, may submit a grievance to this Agreement, and Grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at the same time appoint a nomineestep prior to arbitration. Within five days thereafterWhere the matter is so referred, the other party mediation process shall appoint its nominee, provided however, that if such party fails take place before the matter is referred 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 procedureArbitration. The two nominees shall attempt to agree upon a chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman Grievance Mediation will commence within a period of ten twenty-one (21) days of the appointment of grievance being submitted to mediation, or longer period as agreed by 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 Agreementparties. No matter may be submitted to arbitration Grievance Mediation which has not been properly carried through all requisite steps the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree upon a Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply and no record of the proceedings shall be made. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance ProcedureMediation Conference. The proceedings Mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordancewith the provisions of the Arbitration Board will be expedited collective agreement. Inthe event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the parties hereto Mediator may be referred to at Arbitration. The Union and the decision Employer will share the cost of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expensesMediator, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five (5) days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration 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, any grievance may be submitted to arbitration as hereinafter providedpro- vided. 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, thereafter ,the other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. 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 authorized 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 Griev- ance Procedure. , The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Board Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 Arbi- tration 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, any 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, 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 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding 'upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.. ARTICLE SENIORITY A new employee will be considered on until he has completed forty-five days of work within any twelve calendar months. Upon completion of the probationary period he shall be credited seniority equal to forty-five working days. With the written consent of the Hospital, the probationary employee and the president of the local union or designate, such probationary period may be extended. Any extension agreed to will be in writing and specify the length of the The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration and is at the sole discretion of the Hospital. employees accumulate seniority on the basis of their continuous service in the bargaining unit from the last date of hire, except as otherwise provided herein. Seniority operate on a bargaining unit wide basis. Notwithstanding the above, employees hired prior to October will be credited with the seniority they held under the Agreement expiring November and will thereafter accumulate seniority in accordance with this Effective and for employees who transfer subsequent to October an employee whose status is changed from full-time part-time receive credit for his/her full service and seniority. An employee whose status is changed from part-time to full-time shall credit for and service on the basis of one year equals hours worked, be enrolled in the employee benefit plans subject to meeting any waiting period or other requirements of those plans. Employees hired prior to October will be credited with the service and seniority they held under the Collective Agreement expiring November
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration 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, any grievance may be submitted to arbitration as hereinafter providedpro- vided. 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. 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 authorized 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 Griev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
Discharge Grievance. If an employee, 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 ▇▇▇▇▇▇▇ employee at Step 3 of the grievance procedure to the Hospital within five (5) days following the date the discharge is effective. Such grievance may The decision of the Hospital shall be settled under delivered in writing within ten (10) days following the Grievance and Arbitration procedure by: confirming date of 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 equitableStep meeting. 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 3 is given, the grievance shall be deemed to have been abandoned. Where no written answer has been received within the time limits specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. The parties acknowledge that the time limits set out in 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. All agreements reached, under the grievance procedure, between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital, the Union and the employee(s)employees. Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten days after the 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. \- agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree upon a Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply and no record of the proceedings shall be made. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately either party. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator-. Nothing said or done by the Mediator may be referred to at Arbitration. The Union and the Employer will share the cost of the Mediator, if any. 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 seven (7) calendar 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 fourteen (14) calendar 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementNotwithstanding (a) above, the parties hereto may mutually may, upon mutual agreement, agree to a sole who shall proceed by way of mediation-arbitration. The party making the request shall do so in writing, to substitute a single arbitrator for the Arbitration Board writing and at the time same time, it shall propose the name of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.a sole arbitrator. Within five
Appears in 1 contract
Sources: Collective Agreement
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 Union ▇▇▇▇▇▇▇, or by the union Union ▇▇▇▇▇▇▇ at Step 3 of the grievance procedure 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 Procedure by: confirming the Hospital's ’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, or any other arrangement which may be deemed just and equitable. 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 3 step is given, the grievance shall be deemed to have been abandoned. All agreements reached, under the grievance procedureGrievance Procedure, between the representatives Representatives of the Hospital and representatives the 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 Same time appoint a nominee. Within five (5) 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 procedureArbitration Procedure. The two (2) nominees shall attempt to agree upon a chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman Chairman within a period of ten (10) days of the appointment of the second nominee, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairmanChairman. 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 authorized 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final find and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree agree, in writing, to substitute a single arbitrator Arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five days following the date the discharge is effective. , Such grievance may be settled under the Grievance and Arbitration Arbi- tration procedure by: confirming the Hospital's action in discharging the employee, or employee or; reinstating the employee with up to full seniority for time lost and up to full f u l l compensation for time lost, any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter providedpro- vided. 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the other party shall appoint its nominee, provided pro- vided 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 procedureproce- dure. The two nominees shall attempt to agree upon a chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairman 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 authorized 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 Griev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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, reached under the grievance procedure, 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 provided, however, that 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree agree, in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure 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 I- .* 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, any grievance may be submitted to arbitration as hereinafter providedpro- vided. 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, reached under the grievance procedure, 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the other party shall appoint its nominee, provided pro- vided, however, that 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 procedureproce- dure. 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 authorized 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 Griev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree agree, in writing, to substitute sub- stitute a single single- arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply., A new employee will be considered on probation until he has completed forty-five days of work within any twelve calendar months Upon completion of the probationary period, the name shall be placed respective departmental seniority list and credited with seniority equal to forty-five working days. With the written consent of the Hospital, the probationary employee, and the President of the Local Union or designate, such probationary period may be extended. Any exten- sion agreed to will be in writing and will specify the length of the extension. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration and is at the sole discretion of the Hospital. Definition of Seniority Full-time employees will accumulate seniority on the basis of their continuous service in the bargaining unit from the last date of hire, except as otherwise provided herein. Seniority will operate on a bargaining unit wide basis. Notwithstanding the above, employees hired prior to October will be credited with the seniority they held under the Agreement expiring November and will thereafter accumulate seniority accordance with this Article. Effective October and for who transfer subsequent to October an employee whose status is changed from full-time to part-time shall receive credit for full service and seniority. An employee whose status is changed from part-time to full-time shall receive credit for seniority and service on the basis of one year equals hours worked, and will be enrolled in the employee benefit plans subject to meeting any waiting period or other requirements of those plans. Employees hired prior to October will be credited with the service and seniority they held under the Collective Agreement expiring November
Appears in 1 contract
Sources: Collective Agreement
Discharge Grievance. If The release of a probationary employee shall not be the subject of a grievance or arbitration. The Centre agrees that it will not discharge without just cause, an employee, employee who has completed his probationary period, claims . A claim by an employee that he has been unjustly discharged, such claim must discharged shall be treated as a grievance. Such grievance shall be submitted through the local Union signed by the employee, who may be accompanied by a union ▇▇▇▇▇▇▇and the Local Union President, or by designate, to the union ▇▇▇▇▇▇▇ at Step 3 Chief Executive Officer (CEO) of the grievance procedure to the Hospital Centre, or designate within five seven (7) calendar days following after the date the discharge is effectiveeffected. Such grievance may be settled under the Grievance and Arbitration procedure by: :
a) confirming the Hospital's Centre’s action in discharging dismissing the employee, or or; reinstating the employee with up to full or without loss of seniority for time lost and up to with or without full compensation for the time lost, or; any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, any grievance, including a question as to whether the grievance is arbitrable, may be submitted to arbitration as hereinafter herein provided. If no written request for arbitration is received within ten fourteen (14) calendar days after the decision under Step 3 the foregoing procedure is given, the grievance shall be deemed to have been abandoned. All agreements reached, reached under the grievance procedure, procedure between the representatives of the Hospital and Centre, the representatives of the Union and the will be final and binding upon the Hospital, the Union and the employee(s)parties. When either party requests that any matter be submitted to Arbitration arbitration as provided in this Articlearticle, 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 seven (7) calendar 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 Chair of the Arbitration Board. If they are unsuccessful in agreeing unable to agree upon such a chairman Chair 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.fourteen
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.. 9 SENIORITY
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration 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 deemed. just and equitable. Failing settlement under the foregoing procedure, grievance may be submitted to arbitration as hereinafter providedpro- vided. 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the other party shall appoint its nominee, provided pro- vided however, that if such party fails to appoint its nominee as herein required, the Minister 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 procedureproce- dure. 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 Griev- ance Procedure. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share s-hare equally the fees and expenses, if any, of the Chairman of the Arbitration Board. . . Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration 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, any grievance may be submitted to arbitration as hereinafter providedpro- vided. If no written request for €or 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 AgreementAgree- ment, and at the same time appoint a nominee. Within five days thereafter, the other party shall appoint its nominee, provided pro- vided however, that if such party fails to appoint its nominee as herein required, the Minister of Labour for €or the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration procedureproce- dure. 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 authorized 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. Griev- ance Procedure The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Board Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute sub- stitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring refer- ring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 pro- cedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Arbi- tration 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 parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
Discharge Grievance. If 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, employee who has completed his probationary period, claims . A claim by an employee who has completed his probationary period that he has been unjustly discharged, such claim must discharged shall be treated as a grievance. Such grievance shall be submitted through the Local Union, signed by the employee, who may be accompanied by a union ▇▇▇▇▇▇▇and the Local Union President, or by designate, to the union ▇▇▇▇▇▇▇ at Step 3 CEO of the grievance procedure to the Hospital Hospital, or designate within five seven (7) calendar days following after the date the discharge is effectiveeffected. Such grievance may be settled under the Grievance and Arbitration procedure by: confirming the Hospital's ’s action in discharging dismissing the employee, or reinstating the employee with up to full or without loss of seniority for time lost and up to with or without full compensation for the time lost, or any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, any grievance, including a question as to whether the grievance is arbitrable, may be submitted to arbitration as hereinafter herein provided. If no written request for arbitration is received within ten fourteen calendar days after the decision under Step 3 the foregoing procedure is given, the grievance shall be deemed to have been abandoned. All agreements reached, reached under the grievance procedure, procedure between the representatives of the Hospital and Hospital, the representatives of the Union and the will be final and binding upon the Hospital, the Union and the employee(s)parties. When either party requests that any matter be submitted to Arbitration 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 seven calendar 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 Chair of the Arbitration Board. If they are unsuccessful in agreeing unable to agree upon such a chairman Chair within a period of ten days of the appointment of the second nomineefourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairmanChair. No person may be appointed to the Arbitration Board as an arbitrator who has been involved in an attempt to negotiate or settle the grievance, except as herein provided. No matter may be submitted to arbitration which has nut been properly carried through all requisite steps of the grievance procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor or 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 parties hereto and the parties. The decision of the majority, and where there is no majority, the decision of the ChairmanChair, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it its nominee, and the parties will share equally the fees and expenses, if any, expenses of the Chairman Chair of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the The time limits as set out in this Article. Wherever Arbitration Board is referred Article are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the Agreementgrievance being deemed to have been abandoned. The parties to this agreement wish to encourage the settlement of grievances as soon as is possible and, wherever possible, without resort to arbitration. For these reasons: The parties are encouraged to take advantage of the parties hereto may mutually agree process for as provided for in writingof the Labour Relations Act, to substitute a single arbitrator for as amended) (the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply“Act”).
Appears in 1 contract
Sources: Collective Agreement
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, or any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter after 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 rep- resentatives of the Union will be final and binding upon the Hospital, the Union and the employee(s). employee 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 Min- ister 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 OK 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 ex- pedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the AgreementAgree- ment, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration arbitration Board shall appropriately apply.
Appears in 1 contract
Sources: Collective Agreement
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 ’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, any 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 thereafterthereinafter, 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 Effective October and for employees who transfer subsequent to October an employee whose status is changed full-time to part-time shall not receive credit for full service and seniority. An employee whose status is changed part-time to full-time shall receive credit for seniority and service on the basis of one year equals hours worked, and will be enrolled in the employee benefit plans subject to make meeting any decision inconsistent waiting period or other requirements of those plans. Employees hired prior to October will be credited with the provisions service and seniority they held under the Collective Agreement expiring November employee fails to return to work upon the expiration of this Agreementa leave of absence or a leave of absence for a purpose other than that for which it was granted; employee has been laid off for twenty-four months; employee fails upon being notified of a recall to signify his intention to return within five working days after he has received the notice of recall, nor and fails to alter, modify, add report to work within ten . working days after he has received the notice of recall; employee is absent due to or amend any part of this Agreement. No matter may disability, which absence continues for thirty An employee shall lose all seniority and shall 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 parties hereto deemed terminated employee quits; employee is discharged and the decision discharge is not reversed through the grievance and arbitration procedure; employee is absent scheduled work for a period of three or more consecutive working days without notifying the majority, Hospital of such absence and where there is no majority, providing a reason satisfactory to the decision of the Chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article. Wherever Arbitration Board is referred to in the Agreement, the parties hereto may mutually agree in writing, to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.Hospital;
Appears in 1 contract
Sources: Collective Bargaining Agreement