Common use of GRIEVANCE AND ARBITRATION PROCEDURE Clause in Contracts

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during the term of this Agreement shall be adjusted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute19.01 It is understood that the Union may not file a grievance unless the difference / concern / complaint has been discussed with his / her supervisor. If, after such discussion, the matter is not resolved then a grievance or difference may be filed as follows: It is mutually agreed that it is the intent of the parties to resolve expeditiously grievances arising during from the term application of this Agreement Agreement. Step 1 The grievance shall be adjusted in accordance with this procedurereduced to writing indicating the section(s) of the Agreement which have been allegedly violated and shall be submitted to the Department Manager or his/her designate within twenty-one (21) calendar days of the circumstances giving rise to the grievance. The parties shall meet to discuss the matter within seven (7) calendar days of receipt of the grievance procedure and if the matter is not resolved, then it may proceed to Step 2. Step 2 Any grievance that is not resolved at Step 1 may be presented to the VP of Manufacturing or his/her designate at a meeting within fourteen (14) calendar days of meeting at Step 1. The Company will provide a written response within fourteen (14) calendar days of the meeting at Step 2. If the matter is not resolved at the meeting at Step 2, then the grievance may be submitted to arbitration. Either party may refer the matter to arbitration within twenty-one (21) calendar days of receipt of the Company’s response or the date the response should have been provided. Step 3 Arbitration (1) to hear the grievance. Prior to selecting a mutually acceptable arbitrator, the Union and the Company may meet in a further attempt to solve the grievance. 19.02 It is mutually agreed that the discussion of grievances shall be informal and confidential at all times. Time limitations may be waived and/or extended by deferred until the end of the day’s work unless permission is granted to meet during working hours. 19.03 By mutual agreement of the parties. An aggrieved employee , extensions to the time limits referred to in the grievance procedure may be granted. 19.04 No arbitrator shall have a Union representative present at and participating in the power to alter or change any level of the provisions of the Agreement, or to substitute any new provision for any existing provision, or to provide a decision that is inconsistent with any term of the Agreement. 19.05 The parties shall bear equally the expenses of the Arbitrator. 19.06 Grievances with respect to suspensions or terminations as well, as group, policy and Company grievances, shall proceed directly to step 2 of the Grievance Procedure. 19.07 The parties may, by mutual agreement in writing, agree to the following procedureprocess to resolve any grievances and the following process will apply: 1. The matter shall first a) Hearings will be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ short and his immediate superior conducted in an effort to resolve it. 2informal manner. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must Decisions will be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or issued within thirty (30) calendar days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known conclusion of the occurrence hearing. b) The parties will agree on an Arbitrator from a list of the facts giving rise three (3) provided to each other. The parties shall bear equally the grievanceexpense of the Arbitrator. 4. c) The Chief shall promptly meet with parties will not be represented by lawyers at the employee hearing. d) There will be full disclosure by the parties of evidence, precedents and documents in advance of the hearing. e) The parties will minimize the use of witnesses at the hearing. f) The parties will use concise arguments at the hearing. g) The Arbitrator will have the power to accept any evidence that they rule is reliable and relevant. h) The Arbitrator will have the power to mediate between the parties at any stage of the process, by encouraging a settlement or suggesting possible outcomes. i) Any decision of the Arbitrator will be made without prejudice and will not be a precedent for future proceedings unless the parties agree otherwise. j) Decisions will be final and binding. 19.08 All agreements reached under the Grievance Procedure between the representatives of the Employer and the representatives of the Union to discuss will be final and binding upon the grievance Employer, the Union and he shall respond to it in writing within seven (7the employee(s) days after its presentation to himinvolved. 5. If 19.09 At any meeting in the Chief's answer does not satisfactorily dispose of the grievanceformal grievance process, the employee and/or the grievor(s) is/are entitled to be represented by a Union shall submit the matter to the Mayorrepresentative. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, a. A grievance is defined as any dispute or difference arising during concerning the term application, interpretation or a claimed violation of this Agreement an express provision of the Agreement. Every attempt shall be adjusted in accordance with made by both parties to resolve grievances arising under this proceduresection speedily and informally. The filing of a grievance procedure shall not foreclose ongoing or other informal discussions or resolutions. b. Upon request, employees shall have the right to representation or accompaniment by a union representative during any meeting invoking discipline, or to any investigatory meeting which might result in the imposition of discipline to the employee. Employees may not necessarily be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement able to wait for or select a particular representative. c. Grievance meetings requiring the attendance of the parties. An aggrieved employee may have Local Representatives will be scheduled at a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort time convenient to resolve itall parties involved if reasonably possible. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven a. Within five (75) working days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise alleged incident or circumstance, the employee or union representative shall present the grievance in writing to the grievanceoffice of Director of Human Resources, which shall then be assigned a grievance number, which will then be forwarded to the office of the Department Head or their designee. The written grievance must include (1) a statement of the action being grieved; (2) reference to the relevant Article(s) of the Collective Bargaining Agreement alleged to have been violated; and (3) the remedy or relief sought. 4. The Chief shall promptly meet with b. A meeting between the employee grievant or grievants, the union representative and the representatives of Department Head be held within five (5) working days from the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, and a written decision issued by the employee and/or divisional manager within five (5) days from the conclusion of meeting. a. If a satisfactory settlement of the grievance is not reached in Step 1, the grievance may be appealed to the office of the Director of Human Resources. Said appeal should be made within five (5) working days from the date of the receipt by the grievant(s) of the Step 1 decision or the date upon which the decision is due. b. The Director of Human Resources or their designee shall convene a meeting with the grievant(s) and the union representative within five (5) working days from the date of the receipt of the grievance appeal, and shall render a decision/response to the grievant(s) and the Union within five (5) working days of the presentation of the grievance at the grievance meeting. Section 4. Should the Union be dissatisfied with the Hospital’s decision/response to the grievance at Step 2, the grievance may be submitted to arbitration by the Union within thirty (30) calendar days from the receipt of the written response from the Step 2 meeting or the date upon which the decision is due. An arbitrator will be appointed through the American Arbitration Association under its Voluntary Labor Arbitration Rules. a. Each party shall be responsible for the expenses of its witnesses or others selected or called by a party for arbitration. Expenses incurred in the payment of fees to an impartial arbitrator shall be divided equally between the parties to this Agreement. The parties shall share the cost of the transcript for the arbitrator. The Hospital shall make every reasonable effort to reschedule any employee called as a witness in any arbitration hearing in order that said witness shall have continuity of income. b. The decision of the arbitrator shall be final and binding on both parties. c. The arbitrator is limited by the terms of this Agreement, and shall have no power to add to, subtract from, modify, amend, or in any way change any of the terms of this Agreement. The arbitrator shall not have jurisdiction to hear more than one (1) grievance, and shall not have jurisdiction with respect to probationary employees. d. The parties agree that serious forms of employee misconduct such as insubordination, theft, falsification of records, or other forms of serious misconduct are traditionally causes of discipline, including termination, which is rendered without need for prior discipline. The parties agree that employees who engage in serious misconduct are an unfair burden on the Hospital, its patients and the employee’s peers. e. If the discharge of an employee results from conduct relating to a patient and the patient does not appear at the arbitration, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Further, the patient’s initial statements (written or as reported) to the Hospital are agreed to be admissible in the hearing. a. Any written decision, or written answer to a grievance made at any step which is not appealed to the succeeding step of the grievance procedure within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by the parties to this Agreement, shall be considered a final settlement, and such settlement shall be binding upon the grievant(s) and the parties to this Agreement. b. Failure of any party to abide by the time limits set forth in the grievance procedure shall give the grieving party the right to submit the matter grievance directly to the Mayornext step of the procedure. 6. The Mayor c. A grievance, which affects a substantial number class or his designee shall meet with employees, or in the aggrieved employee and the representatives case of suspension or terminations may initially be presented at Step 2 of the Union grievance procedure. Section 7. All time limits herein specified shall be deemed to consider the grievance be exclusive of Saturdays, Sundays and shall respond to it in writing within twenty-oneholidays. Section 1.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. ‌ 12.1. The parties acknowledge that it is desirable for problems to be resolved where possible through free and informal communication. The parties, as well as individual faculty members and their immediate supervisors, are therefore encouraged to resolve problems in this manner. Any dispute, grievance faculty member or difference group of faculty members shall have the right at any time to present complaints to their supervisors informally and to have such complaints considered in good faith with or without the intervention of the Union provided that settlements arising during out of such interaction shall not be inconsistent with the term terms of this Agreement shall be adjusted in accordance with this procedure. The grievance procedure shall be informal Agreement, unless the Union and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ have approved the exception in writing. If an issue cannot be resolved through informal discussion, the procedures presented below shall be instituted. No provision of this Article shall infringe upon the right of the Union to act as the sole and his immediate superior exclusive collective bargaining agent as provided in an effort Article 1, Recognition, of this Agreement, including the right, if so requested by the faculty member(s), to resolve itfurnish non- attorney representation as advocate and representative of the faculty member(s) at each step of this procedure. 12.2. For the purposes of this Article, a grievance shall be defined as an allegation, filed by a faculty member, a group of faculty members, or the Union that there has been a violation, misinterpretation, or misapplication of a specific provision of this Agreement. This Article shall provide the exclusive means and procedures by which any of the parties identified in this Section may grieve an alleged violation, misinterpretation or misapplication of the Agreement. A formal filing of a grievance shall in every case and at every step specify: A. the nature of the grievance, including a brief statement of pertinent facts and a history of the grievance process to date; B. the provision(s) of the Agreement alleged to have been violated, misinterpreted, or misapplied (or discriminatorily applied); C. the remedy sought by the grievant. 12.3. Faculty shall have the right to have a non-attorney Union representative present at all stages of the grievance process provided that the University shall in no way be obligated to inform the faculty member of such a right. Neither the grievant or the Union nor the University may be represented by legal counsel at any grievance step prior to the Labor Board step, unless otherwise mutually agreed. At the Labor Board, however, the grievant or Union, as well as the University, may be represented by legal counsel. 12.4. The term “days” when used in this Article shall refer to calendar days, provided that, when a time period would otherwise begin or expire on a weekend or University holiday, the time period begins or ends respectively on the next University business day. In addition, when the time period under this Article ends during the Thanksgiving break it shall be due no later than the following Wednesday. When the time period ends on or between December 23 - January 2 then the time period shall be extended for two days after January 2. If, The counting of days under the time limitations cited below shall commence the day after seven days, no satisfactory resolution has been reachedthe filing of the grievance or response. All grievances and responses to grievances shall be filed by a signed hard copy and by e-mail on the same day. The date of the hard copy shall be the relevant date for the purposes of the time limits under this Article. All communications regarding grievances shall be copied to the University’s Contract Administrator and the Union President and/or his or her designee. The parties shall promptly inform each other in writing should there be a change in the designated recipient. If an individual faculty member files a grievance, the employee and/or University shall inform the Union within two (2) days of such filing and shall reduce the send a copy of said grievance to writing and present it to the Chief of the DepartmentUnited Academics within five (5) days. 312.5. The grievance must be reduced procedure is designed to writing and presented attempt to resolve a grievance to the Chief mutual satisfaction of all parties at the lowest possible step level. 12.6. If the grievance involves allegations that the University has discriminated on the basis of race, creed, color, sex, gender identity or expression, age, disability, religion ethnicity, national origin, veteran’s status, or sexual orientation it will be processed in the same manner as any other grievance, except that either the University or the Union may forward such a grievance to the University’s Office of Affirmative Action (AAEO) after it has been initially filed. In such a case, the processing of the Department grievance by the earlier initial recipient will be suspended pending completion of seven (7) days after the first step discussion with investigation by AAEO of the aggrieved employee's immediate superior or factual issues surrounding the grievance. The investigation by AAEO will be limited to the findings of facts, and, absent extenuating circumstances, will be completed within thirty (30) days after the occurrence of AAEO’s receipt of the facts giving rise grievance. In cases where the Union has filed a grievance on behalf of an individual faculty member or members, the Union shall have the right to be present at any interview of such faculty member or members during the investigation by the AAEO. Upon receipt of the investigation, AAOE will send a report to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose initial recipient of the grievance, the employee and/or grievant, the Union shall submit University through its Contract Administrator and the matter to Union. Upon receipt of the MayorAAEO report the initial recipient will schedule the appropriate grievance meeting as provided herein. 612.7. The Mayor or his designee shall meet A faculty member whom a grievance names as having committed a discriminatory act does not have the right to file a grievance under this Article unless the University imposes some form of discipline against the faculty member, in which case the faculty member may file a grievance regarding the University’s imposition of discipline in accordance with the aggrieved employee and the representatives Article 13 of the Union to consider the grievance and shall respond to it in writing within twenty-onethis Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during During the term of this Agreement Agreement, there shall be adjusted in accordance no strikes or lockouts. Differences of every kind which may arise with reference to this procedure. The grievance procedure Agreement which cannot be settled directly by the parties concerned, shall be informal settled by the grievance and confidential at all timesarbitration procedure as follows: Section 1. Time limitations may Employees within the first ninety (90) days of service (probationary period) shall be waived and/or extended by mutual agreement entitled to file a grievance for any violation of the partiesAgreement, except for termination. Section 2. An aggrieved STEP 1: Should the Union or any employee may covered by this Agreement have a Union representative present at and participating in any level complaint, grievance or dispute concerning or arising from the application of this Agreement or directly related thereto, the Representative of the following procedure:Union (or designated representative) and the Employee shall meet and discuss the grievance, complaint or dispute with the Building Manager of the Employer (or designated representative) involved within fifteen (15) business days after the grievance, complaint or dispute arose. Failure to act within the time period specified waives the grievance. Section 3. STEP 2: If the matter cannot be settled in above manner (Section 2. Step 1. The matter shall first be discussed between ) within five (5) business days after the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reachedmeeting, the employee and/or representative of the Union shall reduce the complaint, grievance or dispute to writing writing, stating the nature of the dispute and present it the requested relief, and send a copy thereof to the Chief Employer or its designated representative, requesting that the principal representative(s) of the Department. 3. The grievance must be reduced to writing and presented to Employer (other than the Chief representative of the Department by Employer who participated in the earlier of seven (7STEP 1 meeting) days after the first step discussion meet with the aggrieved employee's immediate superior or thirty (30) days after the occurrence a principal representative of the facts giving rise to Union (other than the grievance or the date as representative of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of who participated in the occurrence of STEP 1 meeting) within ten (10) business days to endeavor to settle the facts giving rise matter. Failure to act within the time period specified waives the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, a. A grievance is defined as any dispute or difference arising during concerning the term application, interpretation or a claimed violation of this Agreement an express provision of the Agreement. Every attempt shall be adjusted in accordance with made by both parties to resolve grievances arising under this proceduresection speedily and informally. The filing of a grievance procedure shall not foreclose ongoing or other informal discussions or resolutions. b. Upon request, employees shall have the right to representation or accompaniment by a union representative during any meeting invoking discipline, or to any investigatory meeting, which might result in the imposition of discipline to the employee. Employees may not necessarily be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement able to wait for or select a particular representative. c. Grievance meetings requiring the attendance of the parties. An aggrieved employee may have Local Representatives will be scheduled at a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort time convenient to resolve itall parties involved if reasonably possible. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven a. Within five (75) working days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise alleged incident or circumstance, the employee or union representative shall present the grievance in writing to the grievanceoffice of Director of Human Resources, which shall then be assigned a grievance number, which will then be forwarded to the office of the Department Head or their designee. The written grievance must include (1) a statement of the action being grieved; (2) reference to the relevant Article(s) of the Collective Bargaining Agreement alleged to have been violated; and (3) the remedy or relief sought. 4. The Chief shall promptly meet with b. A meeting between the employee grievant or grievants, the union representative and the representatives of Department Head shall be held within five (5) working days from the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, and a written decision issued by the employee and/or divisional manager within five (5) days from the conclusion of meeting. a. If a satisfactory settlement of the grievance is not reached in Step 1, the grievance may be appealed to the office of the Director of Human Resources. Said appeal should be made within five (5) working days from the date of the receipt by the grievant(s) of the Step 1 decision or the date upon which the decision is due. b. The Director of Human Resources or their designee shall convene a meeting with the grievant(s) and the union representative within five (5) working days from the date of the receipt of the grievance appeal, and shall render a decision/response to the grievant(s) and the Union within five (5) working days of the presentation of the grievance at the grievance meeting. Section 4. Should the Union be dissatisfied with the Hospital’s decision/response to the grievance at Step 2, the grievance may be submitted to arbitration by the Union within thirty (30) calendar days from the receipt of the written response from the Step 2 meeting or the date upon which the decision is due. The Hospital will grant an additional 30-day extension if requested. An arbitrator will be appointed through the American Arbitration Association under its Voluntary Labor Arbitration Rules. a. Each party shall be responsible for the expenses of its witnesses or other selected or called by a party for arbitration. Expenses incurred in the payment of fees to an impartial arbitrator shall be divided equally between the parties to this Agreement. The parties shall share the cost of the transcript for the arbitrator. The Hospital shall make every reasonable effort to reschedule any employee called as a witness in any arbitration hearing in order that said witness shall have continuity of income. b. The decision of the arbitrator shall be final and binding on both parties. c. The arbitrator is limited by the terms of this Agreement, and shall have no power to add to, subtract from, modify, amend, or in any way change any of the terms of this Agreement. The arbitrator shall not have jurisdiction to hear more than one (1) grievance, and shall not have jurisdiction with respect to probationary employees. d. The parties agree that serious forms of employee misconduct such as insubordination, theft, falsification of records, or other forms of serious misconduct are traditionally causes of discipline, including termination, which is rendered without need for prior discipline. The parties agree that employees who engage in serious misconduct are an unfair burden on the Hospital, its patients and the employee’s peers. e. If the discharge of an employee results from conduct relating to a patient and the patient does not appear at the arbitration, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Further, the patient’s initial statements (written or as reported) to the Hospital are agreed to be admissible in the hearing. a. Any written decision, or written answer to a grievance made at any step which is not appealed to the succeeding step of the grievance procedure within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by the parties to this Agreement, shall be considered a final settlement, and such settlement shall be binding upon the grievant(s) and the parties to this Agreement. b. Failure of any party to abide by the time limits set forth in the grievance procedure shall give the grieving party the right to submit the matter grievance directly to the Mayornext step of the procedure. 6. The Mayor c. A grievance, which affects a substantial number class or his designee shall meet with employees, or in the aggrieved employee and the representatives case of suspension or terminations may initially be presented at Step 2 of the Union grievance procedure. Section 7. All time limits herein specified shall be deemed to consider the grievance be exclusive of Saturdays, Sundays and shall respond to it in writing within twenty-oneholidays.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 14.01 The parties to this Agreement recognize the desirability for the prompt resolution of complaints through the grievance process. 14.02 Any disputecomplaint, grievance disagreement or difference arising during of opinion between the term of Employer, the Union or the employees covered by this Agreement shall be adjusted in accordance with this procedure. The considered a grievance procedure and shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement dealt with as follows: Step 1 An employee who has a grievance shall take their grievance up with their immediate out-of-scope supervisor within thirty (30) days of first becoming aware of the partiesincident. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his A Shop ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itmust be present if the employee so wishes. The supervisor shall render a decision within three (3) working days. 2. IfStep 2 If a satisfactory settlement is not reached in (a) above, after seven then the Union will submit the grievance and its contention, on the issue, including the remedy sought, to the CEO and Director of Finance & Administration, who will render a decision within ten (10) working days, no satisfactory . Step 3 Failing resolution has been reachedin Step 1 or 2 above, the employee and/or Union or the Union shall reduce Employer may advance the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department Grievance Mediation provided by the earlier Government of Saskatchewan within seven (7) days after of a decision from the first step discussion Executive Director (Step 2), excluding Saturday, Sunday and paid holidays. Both parties to this Agreement agree to meet with the aggrieved employee's immediate superior or assigned Conciliation officer to resolve the grievance. (a) If a satisfactory settlement is not reached in Step 2 above, then the matter shall be submitted to Arbitration within sixty (60) working days. The Union will appoint a member for the Board within seven (7) days and shall notify the other party in writing of its appointment. The Employer shall within seven (7) days thereafter appoint a member for the Board and notify the Union of its appointment. (b) The two nominees to the Board shall appoint a third person to act as chairperson. If the nominees cannot agree on a chairperson then they shall ask the Minister of Labour to appoint a chairperson. (c) When the Board of Arbitration has been formed in accordance with this Article, it shall meet and hear the evidence of both sides as soon as practicable and render a decision within thirty (30) days after it has completed its hearing. 14.04 Notwithstanding the occurrence above, if an authorized representative of the facts giving rise to Saskatchewan Joint Board, Retail, Wholesale and Department Store Union claims a violation of this Agreement, the representative may invoke the grievance or procedure at Step 2 as the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives grieving party on behalf of the Union to discuss or on behalf of any employee or employees concerned. 14.05 A representative of the Saskatchewan Joint Board, Retail, Wholesale and Department Store Union may at any time be present at any stage of the grievance and he shall respond to it procedure or at any meeting or discussion of complaints, disputes or collective bargaining negotiations. 14.06 It is agreed by the parties that Management may file a grievance by submitting in writing to the Union Representative the issue in contention and the remedy sought. If a satisfactory response is not received within seven ten (710) days after its presentation working days, they may then proceed to himArbitration as in Article 14.03. 5. 14.07 If the Chief's answer does a response is not satisfactorily dispose received on time or a meeting is not convened on time at any stage of the grievancegrievance procedure, the employee and/or the Union shall submit the matter or Management may proceed to the Mayornext step of the grievance procedure. 6. 14.08 The Mayor Arbitration Board shall have the power to receive and accept evidence and information, on oath, affidavit or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to otherwise, as in its discretion it in writing within twenty-oneconsiders proper.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute10.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference arising during either between a member of the term bargaining unit and the Health Centre or between the parties hereto relating to the interpretation, application, administration or alleged violation of this the Agreement. 10.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. 10.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Health Centre shall notify the employee of his right in advance. Where the Health Centre deems it necessary to suspend or discharge an employee, the Health Centre shall notify the Union of such suspension or discharge in writing, within three (3) days. 10.04 It is the mutual desire of the parties hereto that complaints shall be adjusted in accordance with this procedureas quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievance procedure grievor may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be informal discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and confidential at all timessequence: Step 1 The employee shall submit the grievance, in writing, and signed by him, to the Department Director or designate. Time limitations The employee may be waived and/or accompanied by a Union ▇▇▇▇▇▇▇. The Department Director or designate will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Health Centre may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer or Designate. A meeting will then be held between the Chief Executive Officer or designate and the designated union representatives who may be accompanied by the general representative of the Union, within ten (10) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level The decision of the following procedure: 1. The matter Health Centre shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it delivered in writing within seven ten (710) days after its presentation to himfollowing the date of such meeting. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute9.01 For the purposes of this Agreement, a grievance or is defined as a difference arising during between the term parties relating to the interpretation, application, administration or alleged violation of this the Agreement including any question as to whether a matter is arbitrable. 9.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, an Employee is entitled to be represented by a local Hospital Union representative, if available. Representation may be provided via teleconference. 9.03 It is the mutual desire of the parties hereto that complaints of Employees shall be adjusted in accordance with this procedureas quickly as possible, and it is understood that an Employee has no grievance until she has first given her immediate Supervisor the opportunity of responding to the complaint. The grievance procedure Such complaint shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement discussed with her immediate Supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the partiesEmployee. An aggrieved employee may have a Union representative present at and participating in any level Failing settlement of the complaint within nine (9) calendar days of being so discussed with the immediate Supervisor, it may then be taken up as a written grievance at Step No. 1, within nine (9) calendar days following procedure: 1the date on which the Employee has been advised of the Supervisor's decision, or failing any reply it may then be taken up as a written grievance at Step No. 1 within a period of fourteen (14) calendar days following the initial complaint. Step No. 1 The matter shall first be discussed between Employee, with the aggrieved employee and/or his assistance of a ▇▇▇▇▇▇▇ or representative from the institute, if available, may submit a written grievance, signed by her, to the Manager. The nature of the grievance, the remedy sought and his immediate superior the section or sections of the Agreement, which are alleged, to have been violated shall be set out in an effort the grievance. The parties may, if they so desire, meet to resolve itdiscuss the grievance at a time and place suitable to both parties. The Manager will deliver their decision in writing within nine (9) calendar days following the day on which the grievance was presented io her (or any longer period which may be mutually agreed). Failing settlement, the next step in the grievance procedure may be taken. Step No. 2 Within nine (9) calendar days of the decision under Step No. 1, the Employee, with the assistance of a ▇▇▇▇▇▇▇ or representative from the institute, if available, may submit the written grievance to the Hospital's designated Hospital Representative for Step 2. A meeting will then be held, within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties, between the Hospital's Management Representatives and a Union representative. It is understood that the Griever may attend this meeting. A decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 2. If, after seven days, no satisfactory resolution has been reached, 9.04 A complaint or grievance arising directly between the employee and/or Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall reduce be originated at Step No. 2 within fourteen (14) calendar days from the time that the circumstances giving rise to the complaint or grievance were known or should have been known to the Union or the Hospital, and the grievance to writing and present it process shall apply, with any necessary modifications, to the Chief Union policy grievance or the Hospital grievance, as the case may be. A member of the DepartmentHospital's Union Executive and/or a Union Staff Representative shall sign a Union policy grievance. 39.05 Where a number of Employees in the Hospital have identical grievances and each Employee would be entitled to grieve separately, they may present a group grievance in writing signed by each Employee who is grieving to the Manager responsible for their department, or alternate, within fourteen (14) calendar days after the circumstances giving rise to the grievance were known or ought reasonably to have been known to the Employees. The grievance must shall then be reduced to writing treated, as being initiated at Step No. 1 and presented the applicable provisions of this Article shall then apply with respect to the Chief processing of such grievance. 9.06 The release of a probationary Employee for reasons based on performance and ability to do the Department job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary Employee is released for: (a) Reasons which are arbitrary, discriminatory or in bad faith; (b) Exercising a right under this Agreement. The Hospital agrees to provide written reasons for the release of a probationary Employee within seven (7) days of such release. A claim by the earlier Union that a probationary Employee has been unjustly released shall be treated as a grievance, provided the Employee is entitled to grieve, if a written statement of such grievance is lodged by the Employee with the designated Hospital Representative at Step No. 2 within seven (7) days after the first step discussion with date the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the release is affected. Such a grievance or the date shall be treated as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4a special grievance as set out below. The Chief shall promptly meet with the employee and the representatives of the Union Hospital agrees to discuss the grievance and he shall respond to it in writing provide written reasons within seven (7) calendar days to the affected Employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an Employee who has completed her probationary period, without just cause. A claim by the Union that an Employee, who has completed her probationary period, has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the designated Hospital Representative at Step No. 2 within seven (7) calendar days after its presentation to himthe date the discharge or suspension is affected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (i) Confirming the Hospital's action in dismissing the Employee; or (ii) Reinstating the Employee with or without loss of seniority and with or without full compensation for the time lost; or (iii) By any other arrangement which may be deemed just and equitable. 59.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within fourteen (14) calendar days after the Chief's answer does not satisfactorily dispose decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. 9.08 Either party may notify the other party in writing of its desire to submit the grievance to arbitration. Upon receipt of the grievancenotice, the employee and/or other party shall acknowledge receipt in writing. Both parties shall then endeavour to select an impartial arbitrator to hear and resolve the Union grievance. Should the parties be unable to agree on an arbitrator within fourteen (14) calendar days after receipt of the request, either party may then request the Ministry of Labour for the Province of Ontario to appoint a sole arbitrator. 9.09 Upon mutual agreement of the parties in writing, an Arbitration Board composed of one nominee from each party and a Chairperson appointed by the nominees may be substituted for a sole arbitrator. The time limits and procedures set out in Clauses 9.06 and 9.07 shall submit the matter apply to the Mayorappointment of nominees and the Chairperson. Each party will pay the fees and expenses, if any, of its own nominee and shall share equally the fees and expenses, if any, of the Chairperson. 69.10 The arbitrator shall hear and determine the grievance. The Mayor decision of the arbitrator shall be final and binding upon the parties and upon the Employee(s) affected by it. 9.11 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or his designee settle the grievance. 9.12 The arbitrator shall meet not be authorized to make any decision inconsistent with the aggrieved employee and the representatives provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 9.13 Each of the Union to consider parties hereto will share equally the grievance fees and shall respond to it in writing within twenty-oneexpenses, if any, of the arbitrator.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeIn a mutual effort to provide a harmonious working relationship between the parties to this Agreement, grievance it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application, or difference arising during the term interpretation of this Agreement only. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, his grievance shall be adjusted considered conclusively abandoned. Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step. A Time limits specified in accordance with this procedure. The grievance procedure days shall mean working days Monday through Friday excluding holidays B Grievances shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating presented in any level of the following proceduremanner: Step 1. The matter employee shall first take up his grievance with their immediate supervisor within ten (10) workdays of the occurrence of the events, which gave rise to the grievance. If the events which gave rise to the grievance occurred at a time when the employee was on sick leave, vacation, or other compensated leave, the ten (10) day period shall commence running immediately upon the employee's return from such compensated leave. This first step shall be discussed between on an informal or oral basis and shall be witnessed by a representative of the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itAssociation. Step 2. IfAny grievance, after seven days, no satisfactory resolution has been reached, the employee and/or the Union which cannot be satisfactorily completed under Step 1 shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing by the employee and presented within five (5) working days of the day of completion of Step 1, either through a representative of the Association and the employee, or by the employee himself at the employee’s option, and discussed with the Commanding Officer of the Police Department of Police. The Commanding Officer of the Police Department shall, within five (5) workdays after presentation of the grievance, render his decision on the grievance in writing. Step 3. Any grievance, which cannot be satisfactorily settled with the Commanding Officer of the Police Department in step 2 shall within five (5) workdays after completion of Step 2, be discussed with the City Manager, who shall within seven (7) workdays after this discussion, render his decision in writing, with a copy to the Chief of Association. Step 4. In the Department by event the earlier grievance processed as above has not been resolved at Step 3 above, either party may request that the grievance be submitted to arbitration within fifteen (15) work days after the City Manager renders a written decision the grievance. The arbitrator may be an impartial person mutually agreed upon by, and between parties. However, in the event the parties are unable to agree upon an impartial arbitrator within fifteen (15) work days after the grievance is submitted to arbitration, the parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) days after names from which each party shall have the first step discussion with option of striking three (3) names in alternating fashion, thus leaving the aggrieved employee's immediate superior or thirty (30) days after seventh who shall be the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievancearbitrator. 4Step 5. The Chief shall promptly meet with City and the employee and IUPA shall mutually agree in writing, to the representatives statement of the Union grievance to discuss be arbitrated prior to the arbitration hearing, and the arbitrator thereafter shall confine his decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and he determination to the written statement of the grievance presented in Step 2 above. The arbitrator shall respond have no authority to it consider, or rule upon, any matter which a grievance is not as defined in writing within seven (7) days after its presentation this Agreement, not shall this Collective Bargaining Agreement be construed by the arbitrator to himsupersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. 5Step 6. If Each party shall bear the Chief's answer does not satisfactorily dispose expense of its own witness and of its own representatives for the purpose of the grievancearbitration hearing. The impartial arbitrator's fee and related expenses, and expenses in obtaining a hearing room, if any, shall be divided equally between the employee and/or parties. Any party desiring a transcript must pay the Union shall submit cost unless both parties mutually agree to share the matter to the Mayorcost. 6Step 7. The Mayor or his designee Arbitrator's award shall meet with the aggrieved employee be final and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-onebinding on both parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute‌ A grievance shall be defined as a complaint concerning working conditions, grievance disciplinary action, or difference arising during the term a claimed violation, misinterpretation or misapplication of this Agreement or an existing practice. Any grievance which may arise between the Town and any Employee or the Association regarding the application, meaning or interpretation of this agreement, shall be adjusted settled in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following proceduremanner: 1. The matter shall first be discussed between the aggrieved Any employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution who has been reached, the employee and/or the Union a grievance shall reduce the grievance to writing and present it shall submit the grievance within ten (10) calendar days of the event to his Department Head setting forth the facts of the grievance, the Agreement provisions, if any, in question and the remedy requested. Within ten (10) calendar days said Department Head receives such grievance, he or his designated representative shall give the Association his answer to the Chief grievance in writing. If the employee filing the grievance is the Department Head or if the Department Head to whom the grievance would normally be submitted is a bargaining unit member, then employee will start the process at Step 2. 2. If the employee is dissatisfied with the Department Head’s decision (or the employee is a Department Head or the Department Head to whom the grievance would normally be submitted is a bargaining unit member) he/she may appeal (or submit the grievance) to the Human Resources Director within ten (10) calendar days of the DepartmentDepartment Head’s decision or the date the answer was due (or the event). The Human Resources Director shall reply within ten (10) calendar days of receipt of such written complaint. 3. The If the employee and his representative, if represented, are not satisfied with the decision rendered by the Human Resources Director, the employee may submit the grievance must be reduced to writing and presented to the Chief Mayor, in writing, within ten (10) calendar days of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence date of the facts giving rise to the grievance answer in Step 2 or the date as the answer was due, and the Mayor shall render a written decision to the employee and his representative, if represented, with ten (10) calendar days of which the aggrieved employee or the Union had actual knowledge receipt of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet If the grievance is still unsettled in accordance with the employee procedure prescribed in Step 3 of this Section, the Town or Association may, within fifteen (15) calendar days of when the reply of the Mayor is due, by written notice to the other, take the case to arbitration. An arbitrator shall be selected in accordance with the rules of the American Arbitration Association or the Department of Labor Relations at the discretion of the party filing for arbitration. The authority of the Arbitrator shall be limited to the question or questions which are submitted. The Arbitrator shall have no authority to add to, subtract from, or modify any provision of the agreement. The decision of the arbitrator shall be final and binding on the parties and the representatives arbitrator shall issue his decision within thirty (30) calendar days after the conclusion of testimony and argument. The expense for the arbitrator’s service and the proceedings shall be borne equally by the parties. If either party desires verbatim record of the Union proceedings, it may cause such record to discuss be made, providing it pays for the record and makes copies available without charge to the arbitrator. All grievances and answers thereto shall be set forth in writing. Nothing contained therein shall prevent any employee from presenting his own grievance and representing himself in these procedures up to, but not including arbitration. Failure at any step to appeal shall be considered acceptance of the decision rendered. The resolution of a grievance, at any step, will be set forth in writing and signed by the parties directly concerned with said resolution. Time extensions beyond those stipulated in the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose procedure may be arrived at by mutual written agreement of the grievanceparties concerned. Failure of the Town, the employee and/or employees or the Union Association to insist upon compliance with a specific provision of this Agreement at any given time or times, shall submit not operate to waive or modify such provision or in any manner whatsoever to render it unenforceable as to any other time or times or as to any other occurrences, provided the matter to circumstances are the Mayorsame. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeIn the event that an employee deems that a grievance cannot be resolved informally, grievance or difference arising during then the term of this Agreement shall be adjusted in accordance with this procedure. The grievance following formal procedure shall be informal and confidential at all timesapplied: (a) After having reviewed the matter verbally with his/her immediate supervisor, if the employee believes a formal grievance is necessary, then she or he shall file a written statement of the grievance with his/her immediate supervisor within twenty-one (21) calendar days from the occurrence or from when the employee reasonably should have had knowledge thereof. Time limitations The supervisor shall respond to the grievance no later than fourteen (14) calendar days after the grievance is received. If the employee has no immediate supervisor capable of resolving the grievance, the matter may be waived and/or extended commenced through the Workgroup Supervisor as provided in Subsection (b). (b) If the grievance remains unresolved, the employee shall submit a written notice to the Workgroup Supervisor within fourteen (14) calendar days after the immediate supervisor's reply including: (1) statement of the grievance and relevant facts; (2) specific provision(s) of the contract violated; and (3) remedy sought. The Workgroup Supervisor shall respond within fourteen (14) calendar days after receiving the employee’s written notice. If the employee has no Workgroup Supervisor capable of resolving the grievance, the matter may be commenced through the Director as provided in Subsection (c). If the grievance is contesting a termination decision, neither the immediate supervisor nor the workgroup supervisor has the authority to overturn the termination. As such, grievances contesting termination shall be commenced through the Director as provided in Subsection (c), except that the grievant and the Union shall be granted thirty (30) days to submit the grievance to the Director. (c) If the grievance remains unresolved, the employee shall submit the grievance to the Director within fourteen (14) calendar days after the Workgroup Supervisor’s reply. Within fourteen (14) calendar days of receiving the grievance, said person or persons with authority shall respond to the grievance in writing. If the grievance remains unresolved, an informal meeting on the matter may be arranged by mutual agreement consent of the parties. An aggrieved employee may have a Union representative present at Said meeting shall be held within fourteen (14) calendar days after said response is due and participating in any level will be attended by the employee, representatives of the Union, the immediate supervisor or Workgroup Supervisor, Director, any other representative of the Employer (e.g. Human Resource Director), and any other person deemed necessary for the proper resolution of the matter. (d) If the grievance remains unresolved, the Union may submit the matter to the Board of County Commissioners within fourteen (14) calendar days after the meeting is held, or if no meeting is held, then fourteen (14) calendar days after the response by the Director, or other authority. Once the grievance is submitted to the Board of Commissioners parties shall proceed in the following proceduremanner: (1) Within fourteen (14) calendar days of submission to the Board of County Commissioners, the written position of the parties shall be submitted to the Board. The matter parties may also request and shall first be discussed between granted time to present oral testimony from witnesses to the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itBoard. (2. If) Upon submission of the written positions of the parties, after seven days, no satisfactory resolution has been reachedand supplemental testimony given, the employee and/or Board may affirm, modify or reverse the action or decision which is the subject of the grievance by written findings and order. The Board shall render its decision within fourteen (14) calendar days from the date of the last written submission. (e) If the grievance remains unresolved, the Union shall reduce may submit the grievance matter to writing and present it to an arbitrator within fourteen (14) calendar days after the Chief Board of County Commissioners decision in the Department.following manner: 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier (1) A list of seven (7) days after arbitrators referred by the State of Oregon Employment Relations Board shall be requested, and the parties shall alternately strike from the list until only one is left. The moving party shall strike the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4name. The Chief selection process shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing be completed within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-oneseven

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during 8.01 It is the term mutual desire of this Agreement the Parties that a complaint of an employee shall be adjusted in accordance resolved as promptly as possible. It is understood that an employee has no grievance until he/she has first discussed his/her complaint with this procedurehis/her immediate supervisor without satisfaction. The grievance procedure shall employee may, if he/she wishes, be informal and confidential at all times. Time limitations may be waived and/or extended accompanied by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his his/her ▇▇▇▇▇▇▇ or in the ▇▇▇▇▇▇▇'▇ absence, the Chief ▇▇▇▇▇▇▇. Should any difference arise between the Employer and his any employee from the interpretation, application, administration or alleged violation of the provisions of this Agreement, an ▇▇▇▇▇▇▇ effort shall be made to settle such difference without undue delay, in the following manner: 8.02 STEP 1 - In the first instance, an employee shall take up any such Grievance in writing direct with his/her immediate superior Supervisor within ten (10) days of the event upon which the Grievance is based. The immediate Supervisor shall, if requested by the employee, arrange for the presence of his/her ▇▇▇▇▇▇▇. The Supervisor will give his/her decision in an effort to resolve itwriting within ten (10) days. 2. If8.03 STEP 2 - If not then settled in Step 1, after seven the Grievance may, within ten (10) days, no satisfactory resolution has been reachedbe submitted to the Associate Vice-President, Facilities Management or his/her representative. The Chief ▇▇▇▇▇▇▇ accompanied, if he/she wishes, by the appropriate ▇▇▇▇▇▇▇ shall be given an opportunity to discuss the Grievance with the Associate Vice- President, Facilities Management, or his/her representative within ten (10) days of submission of the Grievance. The Associate Vice-President, Facilities Management or his/her representative shall give his/her decision in writing within ten (10) days of the discussion. The Grievance shall specify the facts and the article or articles claimed to be violated or relied upon and decisions in Steps 2 and 3 shall specify the facts and reasons upon which the decision is based. 8.04 STEP 3 - If not then settled, the employee and/or Grievance may, within ten (10) days, be submitted in writing by the Union shall reduce the grievance to writing and present it to the Chief Associate Vice-President, Human Resources or his/her representative, to be dealt with at a meeting held within ten (10) days of the Department. 3submission, or at a time mutually agreed by the Parties. At Step 3 meetings, there may be present the Union’s National Representative if requested by either Party. The grievance must be reduced to writing and presented to the Chief decision of the Department by Employer or the earlier Union in case of seven an Employer Grievance shall be given in writing within ten (710) days after the first step discussion with the aggrieved employee's immediate superior or thirty meeting at which it was discussed. 8.05 Within ten (3010) days after the occurrence of the facts giving rise to the grievance or the date as of event upon which the aggrieved employee Grievance is based, the Employer or the Union had actual knowledge may submit a Grievance in writing to the other, alleging the violation of a term of this Agreement. Such a Grievance shall set out the facts and the Article or reasonably should have known Articles claimed to be violated or relied upon and the matter shall be dealt with in accordance with Step 3 and the balance of the occurrence Grievance Procedure. No grievance shall be submitted by the Union under Article 8.05 unless it involves: a. More than three (3) employees, provided that the matter has first been discussed with the supervisor concerned; OR b. Any number of employees working for different supervisors. 8.06 STEP 4 – Arbitration a. If the Grievance is still not settled at Step 3, the Union will notify the Employer, or in the case of an Employer Grievance, the Employer will notify the Union, within twenty (20) days of the facts giving rise reply in Step 3, of their desire to proceed to Arbitration. b. The Parties will attempt to agree upon an Arbitrator and if they cannot agree within a further fifteen (15) days, then an Arbitrator shall be appointed by ▇▇. ▇▇▇▇ Shime or failing him the Minister of Labour, at the request of either Party. c. Each of the Parties hereto shall jointly bear the expense of the Arbitrator. d. The Arbitrator shall not be authorized to alter, modify or amend any part of this Agreement, nor to make any decision inconsistent with the provisions thereof. e. The decision of the Arbitrator will be final and binding on the Parties. f. No Grievance shall be submitted for arbitration which does not involve a question concerning the interpretation, application, administration or alleged violation of this Agreement. The Party receiving notice of arbitration may, within fifteen (l5) days of its receipt, give written notice to the grievanceother Party objecting that the matter is not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Agreement. In such case, the Arbitrator shall endeavour to decide that question before dealing with the matter on the merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such case, the Arbitrator shall reserve judgment on the question of arbitrability and proceed with the matter on the merits. The Arbitrator in his/her award shall first deal with the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration or alleged violation of the Agreement, then the Arbitrator shall not consider the matter further and the decision of the Employer or the Union Committee, in the case of an Employer Grievance, shall stand. 4. The Chief shall promptly meet with 8.07 At any stage of the Grievance Procedure, including arbitration, the conferring Parties may have the assistance of the employee or employees concerned and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to himany necessary witnesses. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute(a) The Employer acknowledges the right of the Union to appoint, grievance or difference arising during otherwise select, a Grievance Committee of up to two (2) members. The name of the term Chairman of such Committee shall be communicated to the Employer to be kept on file. (b) Should a dispute arise between the Employer and any employee, regarding the interpretation, meaning, operation or application of this Agreement shall be adjusted in accordance with agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in has been violated, or should any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his other dispute arise, an ▇▇▇▇▇▇▇ and his immediate superior effort shall be made to settle the dispute in an effort the following manner: Step 1: The aggrieved employee shall submit the grievance to resolve itthe Union. If the Union considers the grievance justified, the grievance shall be submitted to the Chief Administrative Officer within fourteen (14) days after the alleged grievance has arisen. Step 2. If, : Failing satisfactory settlement within two (2) working days after seven days, no satisfactory resolution has been reachedthe dispute was submitted under Step 1, the employee and/or concerned together with the Union Grievance Committee shall reduce the grievance to writing and present it submit to the Chief Employer a written statement of the Departmentparticulars of the complaint and the redress sought. The Employer shall render his decision within five (5) working days after receipt of such notice. Step 3. The grievance must : Failing agreement being reached in Step 2, application for a hearing shall be reduced to writing and presented made to the Chief of Employer in writing, stating the Department alleged grievance and a hearing shall be arranged by the earlier Employer within ten (10) days following receipt of such application. Step 4: Failing satisfactory settlement within at least seven (7) days after the first step discussion with hearing in Step 3, either party may refer the aggrieved employee's immediate superior or thirty (30) days after dispute to a Board of Arbitration. Step 5: Upon the occurrence requirement of a Board of Arbitration, the Employer shall appoint one member to this Board, and the Union shall appoint one member to this Board, and these two appointees shall agree upon a Chairman; in the event that these two appointees cannot agree upon a Chairman, the Minister of Labour shall appoint a Chairman. The report of this Board of Arbitration shall be final and binding to the parties to this agreement but shall not have the power to change the terms of the facts giving rise agreement. By mutual agreement, the parties may agree to the grievance use of a Sole Arbitrator rather than a panel. (c) Where a dispute involving a question of general application or interpretation occurs, Steps 1 and 2 of this Article may be bypassed. (d) All matters dealing with grievances shall be in writing at all stages, specifying the Step involved. (e) Grievances settled satisfactorily within the time allowed shall date as from the time that the Employer received notification of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. (f) The Chief Employer shall promptly meet with supply the employee and necessary facilities for the representatives grievance meetings. (g) The time limits fixed in the grievance procedure may be extended by the mutual consent of the Union parties to discuss this agreement. (h) At any stage of the grievance procedure, the parties may have the assistance of the employee(s) concerned as witnesses and he shall respond any other witnesses, and all reasonable arrangements will be made to it in writing within seven (7) days after its presentation permit the conferring parties to him. 5. If have access to any part of the ChiefEmployer's answer does not satisfactorily dispose premises to view any working conditions which may be relevant to the settlement of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor (i) Where an employee is considered to be wrongfully discharged or his designee suspended as in Article 12, Step 1 of this Article shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-onebe omitted.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute6.1 A grievance, within the meaning of this grievance or procedure, shall consist of any difference arising during between the term Company and the Union or any employee or group of employees of the Company covered by this Agreement as to the interpretation and application of any terms and conditions of this Agreement Agreement. Step 1. Within five (5) working days of the occurrence of the alleged grievance, an employee shall advise the Manager of the grievance and the employee and the Manager will attempt to resolve the grievance through discussion. Such discussion shall be adjusted by telephone unless the Manager determines that the discussion should take place when, during normal business operations, the employee and Manager will be present in accordance the same location. If the employee requests the Union ▇▇▇▇▇▇▇ to participate in such discussion, such discussion will take place when, during normal business operations and during regularly scheduled hours, the employee, the Manager and the Union ▇▇▇▇▇▇▇ will be present in the same location. For purposes of this step, the employee and the Union ▇▇▇▇▇▇▇ shall not leave their work area or work duties to, in person, advise or discuss grievances with this procedurethe Manager, without first obtaining permission from the Manager. Step 2. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between If no satisfactory adjustment is reached under Step 1 above, the aggrieved employee and/or his the Union ▇▇▇▇▇▇▇ shall, within (7) working days after the occurrence of the Step 1 discussion, reduce such grievance to writing. The grievance shall indicate the provisions of this Agreement, which the employee feels have been violated, and indicate the redress sought. The subject matter of, and the redress sought, in the written grievance, may not be altered in subsequent steps of the grievance procedure. Such grievance shall be signed and dated by the employee and the Union ▇▇▇▇▇▇▇ and his immediate superior shall be submitted to the Manager. As soon as practicable thereafter, the Union ▇▇▇▇▇▇▇, the Union’s Business Representative, the Manager, and any other representatives of the Company that the Company may deem necessary, shall hold an informal meeting, at a time mutually convenient, in an effort to resolve it. 2the grievance. IfThe Union ▇▇▇▇▇▇▇ and one (1) grievant (if necessary to attend the Step 2 meeting), after seven daysshall each be paid their regular hourly rate, no satisfactory resolution has been reachednot to exceed one (1) hour for their attendance at the Step 2 meeting. However, the employee and/or when the Union ▇▇▇▇▇▇▇ and the grievant is the same person, that person shall reduce the grievance to writing and present it to the Chief of the Department. 3receive such pay in a single capacity. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of Within seven (7) working days after such meeting, the first step discussion Manager and the Company representatives shall, in writing, answer the grievance and forward such answer to the Union ▇▇▇▇▇▇▇. Step 3. If no satisfactory resolution of the grievance is agreed upon in Step 2, the grievance may be resolved through arbitration, in accordance with the aggrieved employee's immediate superior provisions in 6.2 of this Article. 6.2 The Company or the Union may, in writing, request arbitration of the grievance within thirty (30) calendar days after the occurrence of the facts giving rise Step 2 answer is forwarded to the grievance or Union ▇▇▇▇▇▇▇. If the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing parties cannot agree upon an arbitrator within seven (7) days after written notification to arbitrate is given, a request for a list of seven (7) arbitrators shall be made to the Director of the American Arbitration Association. Beginning with the party desiring arbitration, the parties shall alternately 6.3 All costs incurred in the arbitration of a grievance shall be borne one-half (1/2) by the Company and one-half (1/2) by the Union. Each party shall bear its presentation costs for its own preparation, attendance of its own representatives at the hearing, including witnesses, exhibits or any other matters which it is the desire of the given party to himbring to the attention of the arbitrator. 56.4 Should the Union fail to proceed within the time limits prescribed in the above Grievance and Arbitration Procedure, the grievance shall be deemed to have been dropped by the Union and the grievance shall not be subject to any further processing in the Grievance and Arbitration Procedure. If Should the Chief's answer does not satisfactorily dispose Company fail to comply with the time limits at any step of the grievanceGrievance Procedure, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives request of the Union to consider the grievance and shall respond to it in writing within twenty-onewill be granted.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. ‌ 13.01 Decisions of an academic nature such as, but not limited to, admission, re-evaluation of a course grade and discipline for academic misconduct are not subject to the grievance and arbitration procedure. 13.02 The parties agree that it is preferable to resolve problems through discussions among those persons directly concerned before submitting a grievance. To this effect, a Member is encouraged to discuss any difference with her/his immediate supervisor as soon as possible and no later than ten (10) days after the Member becomes aware of the incident causing the dispute. 13.03 Any disputedispute between a Member and the Employer not resolved as set out above, or any dispute arising between the Employer and the Union, may be the subject of a grievance insofar as such disputes result from the interpretation, the application or difference arising during the term violation of this Agreement the Agreement. Grievances by a Member must have the approval and support of the Union. 13.04 A grievance shall be adjusted submitted in accordance with this procedurewriting and shall specify: a) the provision or the provisions of the Agreement that have been allegedly misinterpreted, misapplied or violated; b) a description of the incident giving rise to the grievance; c) the remedy sought. 13.05 A grievance initiated by a Member shall be treated in the following manner: A grievance shall be submitted no later than twenty (20) days after the Member becomes aware of the incident giving rise to the grievance and, in any event no later than forty (40) days from that incident. A grievance shall be submitted to the Department Chair and discussed at a meeting to be held within twenty (20) days of its submission. The grievance procedure shall be informal Department Chair, the immediate supervisor, the aggrieved Member and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating shall attend such a meeting. The Department Chair shall reply in any level writing within twenty (20) days following the meeting. Stage 2: Failing a satisfactory resolution of the following procedure: 1. The matter shall first be discussed between grievance at Stage 1 or in the aggrieved employee and/or his ▇▇▇absence of a reply by the Department Chair the Union may submit the grievance in writing to the ▇▇▇▇ within ten (10) days of the Department Chair’s reply or her/his failure to reply within the time limit provided in Stage 1. The ▇▇▇▇ or her/his representative may convene a meeting to discuss the grievance within twenty (20) days of its submission at Stage 2. The ▇▇▇▇ or her/his representative, the Department Chair and the aggrieved Member, the Union representative and a Union staff representative shall attend such a meeting. The ▇▇▇▇ or her/his representative may request the presence of the immediate superior supervisor as well as a representative of the Employee and Labour Relations’ Unit. The ▇▇▇▇ or her/his representative shall reply in an effort to resolve itwriting within twenty (20) days following the meeting or, if no meeting is held, within twenty (20) days following the submission of the grievance at Stage 2. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or 13.06 A grievance initiated by the Union shall reduce the grievance to writing and present it be submitted to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven ▇▇▇▇ within twenty (720) days after the first step discussion with Union becomes aware of the aggrieved employee's immediate superior incident giving rise to the grievance and, in any event, no later than forty (40) days from that incident. A grievance initiated by the Employer shall be submitted to the Union Local President within twenty (20) days after the Employer becomes aware of the incident giving rise to the grievance and, in any event, no later than forty (40) days from that incident. The Party against whom the grievance is lodged shall reply in writing to the other party within twenty (20) days following the latter of the submission of the grievance or, if the parties agree to meet to discuss the grievance, within twenty (20) days following the meeting. 13.07 Failing resolution of the grievance through the procedure set out in clauses 13.05 and 13.06, the Employer or the Union, as the case may be, may submit the grievance to arbitration within thirty (30) days after the occurrence of the facts giving rise reply or, in the case of the failure to the grievance or reply, within thirty ( 30) days from the date as of on which the aggrieved employee reply was due from the ▇▇▇▇ or from the Union, as the case may be. 13.08 Upon referral to arbitration, the Employer and the Union had actual knowledge of or reasonably should have known shall make every effort to agree on the selection of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing arbitrator within seven ten (710) days after its presentation to him. 5days. If the Chief's answer does parties cannot satisfactorily dispose agree on an Arbitrator within thirty (30) days, either party may request the Minister of Labour to appoint an Arbitrator. 13.09 Each party shall bear the expenses of its representatives, participants, and witnesses and of the grievancepreparation and presentation of its own case. The fees and expenses of the Arbitrator, the employee and/or the Union shall submit the matter hearing room and any other expenses incidental to the MayorArbitration hearing shall be borne equally by the parties. The parties agree to use Employer facilities at no cost wherever possible. 613.10 The Arbitrator shall have no authority to add to, subtract from, modify, change, alter or ignore in any way the provisions of this Agreement. In matters of discipline the arbitrator may confirm, amend, or set aside the decision of the Employer and may substitute a decision which she/he deems fair and reasonable in the circumstances. However, where the Collective Agreement provides a specific penalty for an offence, the arbitrator shall only confirm or set aside the Employer’s decision, or amend it as the case may be, to make it conform to the penalty provided for in the Collective Agreement. 13.11 The decision of the arbitrator shall be final and binding on the parties. 13.12 All time limits set forth in the present Article are mandatory but may be extended by written agreement between the parties. The Mayor or his designee parties agree that such agreement shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-onenot be unreasonably withheld.

Appears in 1 contract

Sources: Collective Labour Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeA. Subject to any limitation of existing law, grievance any grievance, defined in the Municipal Employee Relations Ordinance at Section 120 (f) as a dispute concerning the application or difference arising during interpretation of the term terms of this Agreement shall be adjusted in accordance with this procedure. The grievance procedure shall be informal Memorandum of Understanding or a claimed violation, misrepresentation or misapplication of the rules or regulations of the Employer affecting the terms and confidential at all times. Time limitations conditions of employment, may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating settled in any level of the following proceduremanner: STEP 1. The matter shall first : A grievance may be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion initially filed orally with the aggrieved employee's immediate superior or supervisor within thirty (30) calendar days after from the occurrence of the facts giving rise to the grievance event or the date as of which when the aggrieved employee or the Union had actual knowledge of or reasonably should have reasonably known of the occurrence grievance. The designated Lodge Representative may represent the employee in presenting the grievance. The parties shall attempt to resolve the grievance informally. Consultation with second level supervision is permissible provided all parties agree. STEP 2: If not resolved at Step 1, the grievance shall be filed in writing with the District, Section, or Unit Commander. (The "Sections” or “Units” referred to in this paragraph are the Police Commissioner's Staff, Divisions, and Sections; the Staff, Sections, and Units of the facts giving rise to Deputy Commissioners, and the grievance. 4Sections within the Organized Crime, Criminal Investigation, Patrol, Support Services, Information Technology, and the Human Resources Divisions. The Chief writing shall promptly meet with state generally the employee and the representatives substance of the Union to discuss the grievance and he identify the aggrieved employee. The parties shall respond meet within seven (7) days of the filing of the grievance at this step to it discuss its substance. The District or Unit Commander shall give his decision in writing within seven (7) working days after its presentation to himthe aforesaid meeting. 5. STEP 3: If the Chief's answer does not satisfactorily dispose of the grievanceresolved at Step 2, the employee and/or the Union shall submit the matter grievance may be presented to the Mayor. 6. The Mayor or his designee relevant Division Chief (Patrol, Human Resources, Support Services, Criminal Investigation, Organized Crime, Information Technology, and Internal Investigation Divisions), who shall meet with the aggrieved employee designated Lodge Representative and the representatives of the Union to consider the grievance and shall respond to it in writing aggrieved party within twenty-oneten

Appears in 1 contract

Sources: Memorandum of Understanding

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during 8.01 It is the term mutual desire of this Agreement the parties hereto that complaints of the employees shall be adjusted in accordance with this procedureas quickly as possible and it is understood that an employee may present an oral complaint at any time to his immediate supervisor. The grievance procedure employee shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of have the parties. An aggrieved employee may opportunity to have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itpresent when raising such a complaint. 2. If8.02 A grievance shall be defined as a complaint regarding the interpretation, after seven daysapplication or alleged violation of the terms and provision of this Agreement or, no satisfactory resolution in the case of any employee who has acquired seniority under this Agreement, a complaint that he has been reacheddischarged or disciplined without just cause. (a) The word “days” as used in this Article shall mean working days other than Saturdays, the employee and/or the Union Sundays or a general holiday as referred to in Article 21. (b) The discussion and decision made on each grievance shall reduce the grievance to writing and present it be limited to the Chief matter specified in the written grievance at Step 1. (c) It is understood by both parties that any resolution of a grievance at Step 1 shall not establish a precedent for future cases and shall not be relied on by either party in the handling of any other matter. 8.04 Grievances shall be processed in the following manner and sequence: Step 1 The Union ▇▇▇▇▇▇▇ in the department in which an aggrieved employee works, or an employee, who shall be accompanied by a ▇▇▇▇▇▇▇, shall submit a signed, dated, written statement of such grievance (on a form supplied by the Union) to the appropriate Manager within fifteen (15) days of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts event giving rise to the grievance. 4. If not so presented, the grievance shall be forfeited and waived by the aggrieved party. The Chief grievance shall promptly set forth the nature of the grievance and the relief or remedy sought. The appropriate Manager shall meet with the employee and the representatives of the Union his ▇▇▇▇▇▇▇ to discuss the grievance and he shall respond to it in writing within seven ten (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one10)

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during the term 7.01 The purpose of this Agreement Article is to establish a procedure for the settlement of grievances. 7.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement, may discuss his complaint with his supervisor. Such employee may be accompanied by his ▇▇▇▇▇▇▇, if he desires. Such a complaint shall be adjusted brought to the attention of the supervisor within fourteen (14) working days of the incident-giving rise to the complaint. The supervisor shall state his decision verbally within three (3) working days of receiving the complaint. Step 1 Should the employee be dissatisfied with the supervisor's disposition of the complaint, he may, with the assistance of his ▇▇▇▇▇▇▇, refer such matter on a written grievance form supplied by the Employer to his supervisor who shall answer the grievance in accordance with this procedurewriting within three (3) working days. The complaint shall constitute a formal grievance at Step 1 and shall be filed within fourteen (14) working days of receipt of the supervisor's reply to the complaint. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement specify the article or articles of the parties. An aggrieved employee may have Agreement of which a Union representative present at and participating in any level violation is alleged, contain a precise statement of the following procedure:facts relied upon, indicate the relief sought and be signed by the employee and countersigned by the ▇▇▇▇▇▇▇. Step 2 If no settlement is reached at Step 1. The matter shall first be discussed between , the aggrieved employee and/or his trade union representative, the griever, the ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven representatives of Management shall meet within five (5) working days, no satisfactory resolution has been reachedor a time mutually agreed upon, to discuss the employee and/or the Union shall reduce grievance. If the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or is not settled within thirty (30) days after calendar days, it may be referred to arbitration as hereinafter provided. 7.03 The Union or the occurrence Employer may initiate a grievance beginning at Step 2 of the facts Grievance Procedure. Such grievance shall be filed within fourteen (14) working days of the incident giving rise to the complaint and be in the form prescribed in Step 1.Any such grievance may be referred to arbitration by either the Union in the case of a Union grievance or the date as Employer in the case of which an Employer grievance under Article 10. (The Union may not institute a grievance directly affecting an employee or employees which, the aggrieved employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed.) 7.04 Any complaint or grievance which, is not commenced or processed through the next stage of the Grievance or Arbitration Procedures within the time specified, shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Employer and the Union. Section 44(6) of the Labour Relations Act shall have no application to the time limits provided for in the Grievance and Arbitration Procedures specified in this Agreement. 7.05 A grievance will not be considered in any step unless it has been properly carried through all previous steps of the Grievance Procedure required by this Agreement, except that if, at any step in this Grievance Procedure, the Company or the Union had actual knowledge does not give its answer within the allotted time, the grievance may be carried to the next step within the appropriate time which will start to run from the expiration of or reasonably the allotted time within which the answer should have known been given. 7.06 At any stage of the occurrence Grievance Procedure including arbitration, the conferring parties may have the assistance of the facts giving rise employee or employees concerned and any necessary witnesses and all reasonable arrangements will be made to permit the conferring parties to have access to the grievanceplant and offices and to view disputed operations and to confer with necessary witnesses. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Labour Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance 11.01 If an employee believes that he has been unjustly treated by his Employer or difference arising during that any of the term provisions of this Agreement collective agreement affecting the employee have not been properly complied with, the employee shall be adjusted in accordance take up the matter directly with this procedurethe immediate supervisor. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of If the parties. An aggrieved matter is not resolved the employee may have request the presence of a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his Shop ▇▇▇▇▇▇▇ and his immediate superior ▇. If the matter is still unresolved, any grievance arising from it shall be handled in an effort to resolve it.the following manner: 2. STEP 1: If, after seven days, no satisfactory resolution has been reachedfollowing discussion with the employee’s Supervisor, the employee and/or feels the Union matter has not been resolved to his satisfaction, the employee, assisted by the Shop ▇▇▇▇▇▇▇, shall reduce submit the grievance to matter in writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of employee’s Supervisor within seven (7) calendar days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts circumstance giving rise to the grievance or the date as the employee was aware or reasonably could have been aware of which those circumstances. The grievance shall state specifically in what respect the aggrieved collective agreement has been violated and the nature of the relief or remedy sought. The employee’s Supervisor shall, within seven (7) calendar days after the day of receipt of the written grievance, give a written response to the grievor with a copy to the Shop ▇▇▇▇▇▇▇. Employees have the right to decline Union representation at this Step, and must notify the Union of that decision in writing. STEP 2: If the employee or the Union had actual knowledge is not satisfied with the response to the grievance at Step 1, the employee, with the assistance of the Shop ▇▇▇▇▇▇▇ may, within seven (7) calendar days after the day of receipt of the decision at Step 1, present the grievance to the FPSO Offshore Installation Manager who will give a decision in writing to the grievor and a copy to the Shop ▇▇▇▇▇▇▇ within seven (7) calendar after the day he received the grievance. All Union, group and policy grievances must be submitted in writing at Step 2. STEP 3: If the employee or reasonably should have known the Union is not satisfied with the decision at Step 2, the grievance may, within seven (7) calendar days after the day of receipt of the decision at Step 2, be presented to the Terra Nova Operations Manager who will give a decision in writing to the grievor with a copy to the Shop ▇▇▇▇▇▇▇ within seven (7) calendar days after the day he received the grievance. 11.02 Any grievance instituted by TNEO Employer(s) shall be referred in writing to the Union Executive within fourteen (14) calendar days after the day of the occurrence or the date the TNEO Employer(s) were aware or reasonably could have been aware of the facts circumstances giving rise to the grievance. 4. The Chief Union Executive shall promptly meet with the employee and the representatives designated representative(s) of the Union to discuss TNEO Employer(s) within fourteen (14) calendar days after the day of the grievance and he shall respond being filed to it in writing consider the grievance. If final settlement of the grievance is not completed within seven (7) calendar days after its presentation the day of such meeting, the TNEO Employer(s) then have up to himthirty (30) calendar days after the expiry of the seven (7) calendar days to refer the matter to arbitration as provided in this collective agreement. 5. If 11.03 The time limits for the Chief's answer does not satisfactorily dispose disposition of grievances as set forth in this Article may only be amended by mutual written agreement of the grievance, parties. 11.04 A Shop ▇▇▇▇▇▇▇ will be granted up to one (1) hour off from work to assist an employee in the employee and/or grievance procedure. A Shop ▇▇▇▇▇▇▇ will not leave work without the permission of the Supervisor; such permission shall not be unreasonably withheld. 11.05 The TNEO Employer(s) or the Union shall may, within twenty-one (21) calendar days from the receipt of the Terra Nova Operations Manager’s decision under Step 3 of the Grievance Procedure, submit the matter for final settlement to an arbitrator. 11.06 Notwithstanding the referral to arbitration in accordance with 11.02 or 11.05 above, where the parties agree, the matter may be referred to the MayorProvincial Preventive Mediation program. The parties shall, with the assistance of the mediator, endeavour to resolve the dispute within thirty (30) calendar days. Where the dispute is not resolved in mediation, either party may continue to arbitration pursuant to 11.02 or 11.05 above. It is agreed that information exchanged and attempts to settle shall be without prejudice and shall not be referred to at arbitration. 611.07 The following sets out the procedure for the appointment of an arbitrator. (a) The party submitting the matter to arbitration shall notify the other party in writing of its intention and at the same time nominate at least three (3) names of possible arbitrators. (b) Within ten (10) calendar days after the day of receipt of the notice in (a), the other party in writing of its intention and at the same time nominate at least three (3) names of possible arbitrators. If agreement is not reached by the parties within ten (10) calendar days after receipt of the referring party’s notification, either party may request the Newfoundland and Labrador Minister of Human Resources, Labour and Employment to appoint an arbitrator. (c) The arbitrator shall endeavour to commence hearing the grievance within thirty (30) calendar days of his appointment and shall endeavour to issue the award within thirty (30) calendar days of hearing completion. The Mayor or his designee award shall meet be in writing and shall be final and binding on the parties to this agreement and any employee affected by the award. 11.08 The parties shall share equally the fee and expenses of the arbitrator. 11.09 The arbitrator shall not be authorized to make any decision inconsistent with the aggrieved terms of this Agreement, nor to alter or modify any portion of this collective agreement. 11.10 Where the grievance is not progressed through the Grievance and Arbitration procedure within the specified time limits, the grievance will be considered abandoned. 11.11 In the event that the grievance is not responded to within the specified time limits outlined in this grievance and arbitration procedure, the grievance may be advanced to the next step in the grievance and arbitration procedure. (a) An employee and the representatives of considered by the Union to consider be unjustly suspended without pay or terminated may, within seven (7) calendar days of the suspension or termination, file a grievance at Step 2 of the grievance procedure. (b) Notwithstanding 11.12 (a) a probationary employee has no recourse to the Grievance and Arbitration Procedure of this collective agreement with respect to the termination of his employment. 11.13 The arbitrator has the power to review and modify the discipline penalty imposed by the Employer and, in the case of a discharge of the employee, substitute another penalty that the arbitrator determines is just and reasonable in the circumstances. 11.14 All correspondence between the parties with respect to grievances and arbitration shall respond to it be in writing within twenty-onewriting.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute9.01 At the time formal discipline is imposed, or at any stage of the grievance procedure, an employee shall have the right, upon request, to the presence of her employee representative. In the case of suspension or difference arising during discharge, the term Hospital shall notify the employee of this Agreement right in advance. 9.02 A complaint shall not be considered as a grievance unless the aggrieved employee has first given an opportunity for her Supervisor to adjust the complaint. Such complaint shall not be considered after five (5) working days of the origin of the complaint or from the date upon which the subject matter of the complaint may reasonably be deemed to have come to the attention of the employee so affected. Failing satisfactory resolve within five (5) working days after the complaint is made, the matter may then be processed as a grievance. 9.03 A grievance may arise only from a dispute concerning the interpretation, application, administration or alleged violation of the Agreement. The grievance shall be adjusted signed by the employee and shall set out the nature of the grievance, the section or sections of the Collective Agreement allegedly violated, and the remedy sought. The following shall be, unless otherwise specified, the prescribed manner for handling a grievance: The employee with the assistance of a Union representative, if desired, may submit a written grievance signed by her to her Manager. Within five (5) days of receiving the grievance, the manager will meet with the grievor, and, if desired, her Union representative to endeavour to reach a satisfactory resolution to the grievance. Within five (5) days of the grievance meeting, the manager will provide a written decision. Failing settlement, then Step #2: Within five (5) days following the decision at Step #1, the employee, with the assistance of the grievance committee may submit the written grievance to the Manager, Labour and Employee Relations or designate. The Manager, Labour and Employee Relations or designate will, within ten (10) days from the date on which the written grievance was presented to him, convene a Step #2 meeting at a time and place suitable to both parties, so that he and the grievor's Division Head may hear the grievance. Within ten (10) days of the grievance meeting, the Manager, Labour and Employee Relations or designate will provide the Hospital's decision in writing. It is understood that both parties have the right to have the assistance of such counsel or representatives as they deem necessary at the Step #2 meeting. 9.04 A claim by an employee, who has completed her probationary period and who claims that she has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is officially lodged with the Hospital by the employee within three (3) working days after such employee has been so notified by the Hospital. Such special grievance shall commence at Step 2 of the Grievance Procedure, and may be settled by confirming the Hospital's action in discharging the employee, or by any other arrangement which is just and equitable in the opinion of the conferring parties or, if necessary, a Board of Arbitration. When an employee is discharged on hospital premises without notice, she shall have the right to request that her employee representative be notified of the discharge before leaving the premises. 9.05 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement, shall be originated under Step No. 2. Failing settlement under Step No. 2 within fifteen (15) days it may be submitted to arbitration in accordance with Article 9.10. However, it is expressly understood that the provisions of this procedureparagraph may not be used by the Union to institute a complaint or grievance directly affecting an employee which such employee could herself institute and the regular Grievance Procedure shall not be thereby bypassed. The Any grievance procedure by the Hospital or the Union as provided in this paragraph shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven commenced within ten (710) days after the first step discussion with circumstances giving rise to the aggrieved employee's immediate superior complaint occurred or thirty from the date upon which the subject matter of the complaint may reasonably be deemed to have come to the attention of the Hospital or the Union. 9.06 Where two or more employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in writing identifying each employee who is grieving within (3010) days after the occurrence of the facts circumstances giving rise to the grievance have occurred or ought reasonably to have come to the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known attention of the occurrence employees so affected. The grievance shall be originated at Step No. 1. 9.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation or alleged violation of this Agreement, such grievance may be submitted to arbitration as set forth in Article 9.10. If no written request for arbitration is received within fifteen (15) days after the decision under Step No. 2 is given, it shall be deemed to have been settled and not eligible for arbitration. 9.08 All agreements reached under the Grievance Procedure between the representatives of the facts giving rise to Hospital and the grievance. 4. The Chief shall promptly meet with the employee and grievor or the representatives of the Union will be final and binding upon the hospital and the Union and the employees. 9.09 No matter may be submitted to discuss arbitration which has not been carried through all the requisite steps of the Grievance Procedure. Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party shall be entitled to submit the grievance to the next step of the Grievance Procedure. 9.10 If the Hospital or the Union requests that a grievance as above provided be submitted to Arbitration, it shall make such requests in writing addressed to the other party of this Agreement and at the same time appoint its nominee to the Board of Arbitration. Within ten (10) days thereafter, the other party shall appoint its nominee to the Board of Arbitration and notify the other party. The two nominees so appointed shall, within ten (10) days of the appointment of the latter of them, attempt to settle by agreement the third person to be a member and Chairman of the Arbitration Board. If they are unable to agree on such a Chairman within the ten (10) day period, either Party may then request the Labour Relations Board for the Province of Ontario to appoint a Chairman. In the event of default by either party to appoint its representative to the Arbitration Board, the other party may apply to the Minister of Labour for the Province of Ontario who shall have the power to effect such appointment. 9.11 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 9.12 The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of the Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. 9.13 Each of the parties hereto will bear the fee and expense of the nominee appointed by it and the parties will jointly bear the fee and expenses, if any, of the Chairman of the Arbitration Board. 9.14 The time limits fixed in both the grievance and he shall respond arbitration procedures may be extended by written consent of the parties to it in writing within seven (7) days after its presentation to himthis Agreement. 5. If 9.15 Saturdays, Sundays and paid holidays as set out in Article 23.01 will not be counted in computing the Chief's answer does not satisfactorily dispose time within which any action is to be taken or completed under the provisions of the grievance, the employee and/or this Article. 9.16 The Hospital and the Union may, by written agreement, substitute a single arbitrator for a specific grievance or grievances, and the single arbitrator shall submit possess the matter same powers and be subject to the Mayorsame limitations as a Board of Arbitration. 69.17 Any letter of suspension, documents leading to such suspension and subsequent documents of a disciplinary nature shall be maintained on an employee's record until such employee has established a discipline-free period of eighteen (18) months after which all such documents shall be removed from her record. The Mayor Where no suspension is a matter of record, any letters of discipline or his designee other sanction shall meet with the aggrieved employee and the representatives be removed from her record after a discipline-free period of the Union to consider the grievance and shall respond to it in writing within twenty-onetwelve (12) months.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during dispute concerning the term interpretation of this Agreement or its application or any dispute regarding wages, hours and working conditions, to the extent the same are within the scope of this Agreements shall be adjusted in accordance as follows: The employee shall first attempt to resolve the issue with this procedurehis/her immediate supervisor or other representative designated by the Employer within seven (7) calendar days of the date of occurrence or when the employee and/or the Union knew or reasonably should have known or the basis for the grievance or the grievance shall be deemed waived. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have request the presence of a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior who shall be part of any attempted settlement. A grievance relating to disciplinary suspension or discharge shall be presented in an effort to resolve it. 2. Ifwriting, after seven days, no satisfactory resolution has been reached, the employee and/or by the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee employee, within five (5) working days or the shall be deemed waived. A Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief representative and Employer shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) calendar days after its presentation from receipt of such written notice attempt to him. 5reach a settlement. If the Chief's answer does matter is not satisfactorily dispose settled between the Union and the Operations or General Manager within seven (7) calendar days from receipt of the grievancewritten notice, the employee and/or dispute shall be submitted to a Board of Adjustment for final and binding arbitration. The Board of Adjustment shall consist of two (2) members to be appointed by the Employer, two (2) members to be appointed by the Union and the fifth (5th) member who shall be a neutral arbitrator mutually agreed upon by the Employer and Union. Employer members shall not be employed by Vacaville Sanitary Service and Union members shall not be officers or members of Local 315. Commencing January 1, 2008, the neutral member shall be Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇. Arbitrator Silver shall be appointed for a one (1) year period. Thereafter the parties may agree to renew the appointment of Mr. Silver or select a new arbitrator who shall sit for the next one (1) year. Neither said Board of Adjustment nor said fifth (5th) member shall be authorized or empowered to modify, amend, revise, add to, delete from or otherwise alter the terms of this Agreement. 1) Each October the Union and the Employer shall mutually agree to renew the appointment of the current arbitrator or select a new one. Once the decision to renew or change arbitrators has been made the parties shall request bi- monthly dates for the upcoming year. 2) If a matter has been scheduled for arbitration and is thereafter cancelled by either party less than fourteen (14) days prior to the scheduled day of arbitration, the party canceling the arbitrations hall bear the entire cost of the arbitrator’s fee for that hearing. Each party shall bear the cost of their own committee members and witnesses for the arbitration. If no matter is pending to be heard by the Board of Adjustment, notice of cancellation will be delivered to the neutral fifth (5th) member at least fourteen (14) days prior to the scheduled hearing date The majority decision of the Board of Adjustment and such fifth (5th) member shall be final and binding upon both parties and upon employees covered by this Agreement. Where the Board of Adjustment is deadlocked, the neutral fifth (5th) member shall cast the deciding vote. Only evidence disclosed at the first or second steps of the grievance procedure may be considered by the Board of Adjustment, unless such evidence did not exist at the time the grievance was submitted in steps one or two, or unless the party desiring to submit such evidence did not know or could not have reasonably known the existence of said evidence. The Board of Adjustment can render a bench decision at the time of the hearing of the matter or request the submission of briefs from both parties. In addition, either party can request to submit briefs to the Mayor. 6Board of Adjustment through the neutral fifth (5th) member. The Mayor or his designee shall meet with Upon submission of briefs, the aggrieved employee and Board of Adjustment through the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-oneneutral fifth

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 7.01 It is the mutual desire of the Corporation and the Union that complaints of the employees shall be addressed as quickly as possible and it is understood that an employee has no grievance until he has given to his/her immediate superior an opportunity of resolving his/her complaint. In discussing such complaint the employee shall be accompanied by an authorized representative of the Union. 7.02 Should any misunderstanding or controversy arise between the Corporation and the Union as to the compliance of either party with any of its obligations herein, or should there be any grievance involving the terms of this Agreement by any employee, or group of employees, or the Union, the same shall be handled in the following manner provided, however, that no grievance shall be considered if the alleged circumstances originated or occurred more than ten (10) working days prior to a written grievance in accordance with the procedure set out herein. For the purpose of the Grievance and Arbitration Procedure, working days are defined as those days that Town Hall is open. In the event of a termination of employment, the grievance process shall start at Step 2. STEP 1 Any disputeemployee’s complaint which is not settled by his/her immediate superior shall be reduced in writing, on the prescribed forms, signed by such employee and submitted to his/her Department Head, or designate, who shall call a meeting with the grievor and the Union Representative to deal with the grievance and render his/her decision thereon in writing no later than five (5) working days next following the day on which the Department Head, or difference arising designate, receives the grievance. At any necessary discussions representing any grievance the employee shall be accompanied by an authorized representative of the Union. STEP 2 Should the decision of the Department Head, or designate, not be satisfactory to the employee concerned, an appeal therefrom may be lodged in writing and signed by the employee and submitted to the Human Resources Officer, or designate, within five (5) working days of receipt of the Department Head’s, or designates decision. The Human Resources Officer, or designate, shall deal with the grievance at a meeting and render his/her decision not later than the fifth (5th) working day next following said meeting. At such meeting the grievor shall be accompanied by an authorized representative of the Union who may make a presentation to the Human Resources Officer, or designate. Should the decision of the Human Resources Officer, or designate, not be satisfactory to the employee concerned, an appeal therefrom may be lodged in writing and signed by the employee to the C.A.O. within five (5) working days of receipt of the Human Resources Officer, or designates decision. The C.A.O. shall deal with the matter at a scheduled meeting and render his decision not later than the fifth (5th) working day next following said meeting. At such meeting the grieving employee shall be accompanied by an authorized representative of the Union who may make a presentation to the C.A.O. After exhausting the grievance procedure herein provided, when either party request that a grievance be submitted to arbitration they shall make such request in writing within fifteen (15) working days after the grievance has been dealt with in Step No. 3, addressed to the other party to this agreement. Within five (5) working days thereafter, or such longer period as mutually agreed upon by the parties, both parties shall agree upon a sole arbitrator. If an arbitrator is not agreed upon within such time limit, either party may request the Ministry of Labour for the Province of Ontario to appoint arbitrator. 7.03 The Arbitrator shall hear and determine the grievance and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement nor to alter, modify or otherwise amend any part of the Agreement. 7.04 It is hereby provided and agreed that there will be no strikes or lockouts during the term of this Agreement shall be adjusted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement Agreement. 7.05 Any of the parties. An aggrieved employee may have a Union representative present at and participating times mentioned in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as arbitration proceedings may be extended by written mutual consent of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievanceboth parties. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during the term of 7.01 The Parties to this Agreement shall be adjusted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement are agreed that it is of the parties. An aggrieved employee may have utmost importance to adjust complaints and grievances as quickly as possible. 7.02 Any employee, pieceworker/subcontractor or their respective helpers/learners who has a Union representative present at and participating in any level of grievance must first discuss the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his with their ▇▇▇▇▇▇▇ or other Company representative, and his immediate superior in an effort to resolve itmay be accompanied by their ▇▇▇▇▇▇▇ or Union Representative. 2. If7.03 Grievances arising under this Agreement shall be adjusted and settled as follows: (a) Grievances dealing with breaches of the union security provisions of this Agreement or an alleged failure to pay or remit with respect to any health and welfare, after seven dayspension, no satisfactory resolution has been reached, the employee and/or dues or other contributions owing under this Collective Agreement may be brought forward by the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven within ninety (790) days after the circumstances became known or ought reasonably to have become known to the Union. It is further understood that such grievances may be retroactive to the first step discussion with day of the aggrieved employee's immediate superior or alleged violation. (b) All other grievances shall be brought forward within thirty (30) calendar days after the occurrence of the facts circumstances giving rise to the grievance became known to the Employer, Union or the date affected employee, as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise case may be, but not thereafter. (c) All grievances shall be presented to the grievance. 4Company (or, in the case of a grievance by the Company, to the Union) in writing. An aggrieved pieceworker/subcontractor or helper/apprentice must sign the grievance on a form supplied by the Union. The Chief form shall promptly meet with set down the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose nature of the grievance, the employee and/or article or articles of this Agreement alleged to have been violated and the nature of the remedy sought and shall not be subject to change except by mutual agreement in writing. The Parties shall meet within five (5) working days to try and settle the grievance. If a satisfactory settlement is not reached within five (5) days of this meeting, and the grievance is one which concerns the interpretation, or alleged violation of the Agreement, the grievance may be submitted to arbitration as provided in Article 7.04 below. 7.04 Time limits in the grievance procedure are mandatory. Any grievance not submitted or processed within the time limits provided for herein shall be deemed to have been settled, abandoned, or withdrawn. Any discussions or meetings will be scheduled at mutually agreeable times. Where a difference arises between any of the parties hereto relating to the interpretation, administration or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, either party may, after exhausting the grievance procedure described above, notify the other party of its desire to proceed to arbitration. A party proceeding to final and binding arbitration shall provide written notice to the other of its intent to do so. Within ten (10) days of the delivery of such notice, the parties shall agree to proceed to arbitration on a mutually agreeable date with an arbitration board consisting of one of the arbitrators listed below. 7.05 Unless a grievance is referred to arbitration pursuant to section 133 of the Labour Relations Act, 1995 (or any successor section), the Parties agree to refer grievances to be heard before a single arbitrator on a mutually agreeable date. The parties agree that the following individuals are mutually acceptable arbitrators: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ or such other person as may be agreed to by the Parties. 7.06 The Parties agree that no arbitrator shall have any power to add to or subtract from or modify any of the terms of this Agreement nor shall the arbitrator give any decision inconsistent with the terms of the provisions of this Agreement. It is further agreed that the arbitrator shall not have the jurisdiction to apply any principle of estoppel or waiver to reduce any amounts that should have been paid by the Company to any employee, pieceworker/subcontractor or their respective helpers/learners, or to the Union shall submit in respect of any dues, benefits and contributions owing with respect to work performed by such employees, pieceworkers/subcontractors or their respective helpers/learners. 7.07 The Parties agree that all time limits in Article 7 may be extended by mutual agreement. 7.08 The Parties agree that the matter provisions of Article 7 apply equally to any piecework entity which has signed the Pieceworker Participation Agreement attached to this Agreement and, where applicable, any reference to the MayorCompany shall be a reference to the piecework entity. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during 8.01 It is the term mutual desire of this Agreement the Parties that a complaint of an employee shall be adjusted in accordance resolved as promptly as possible. It is understood that an employee has no grievance until he/she has first discussed his/her complaint with this procedurehis/her immediate supervisor without satisfaction. The grievance procedure shall employee may, if he/she wishes, be informal and confidential at all times. Time limitations may be waived and/or extended accompanied by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his his/her ▇▇▇▇▇▇▇ or in the ▇▇▇▇▇▇▇'▇ absence, the Chief ▇▇▇▇▇▇▇. Should any difference arise between the Employer and his any employee from the interpretation, application, administration or alleged violation of the provisions of this Agreement, an ▇▇▇▇▇▇▇ effort shall be made to settle such difference without undue delay, in the following manner: 8.02 STEP 1 - In the first instance, an employee shall take up any such Grievance in writing direct with his/her immediate superior Supervisor within ten (10) working days of the event upon which the Grievance is based. The immediate Supervisor shall, if requested by the employee, arrange for the presence of his/her ▇▇▇▇▇▇▇. The Supervisor will give his/her decision in an effort to resolve itwriting within ten (10) working days. 2. If8.03 STEP 2 - If not then settled in Step 1, after seven the Grievance may, within ten (10) working days, be submitted to the Associate Vice-President, Facilities Management or his/her representative. The Chief ▇▇▇▇▇▇▇ accompanied, if he/she wishes, by the appropriate ▇▇▇▇▇▇▇ shall be given an opportunity to discuss the Grievance with the Associate Vice-President, Facilities Management, or his/her representative within ten (10) working days of submission of the Grievance. The Associate Vice-President, Facilities Management or his/her representative, shall give his/her decision in writing within ten (10) working days of the discussion. The Grievance shall specify the facts and the article or articles claimed to be violated or relied upon and decisions in Steps 2 and 3 shall specify the facts and reasons upon which the decision is based. 8.04 STEP 3 - If not then settled, the Grievance may, within ten (10) working days, be submitted in writing by the Union to the Associate Vice-President, Human Resources or his/her representative, to be dealt with at a meeting held within ten (10) working days of the submission or at a time mutually agreed by the Parties. At Step 3 meetings there may be present the Union’s National Representative if requested by either Party. The decision of the Employer or the Union Committee in case of an Employer Grievance shall be given in writing within ten (10) working days after the meeting at which it was discussed. 8.05 Within ten (10) days of the event upon which the Grievance is based, the Employer or the Union may submit a Grievance in writing to the other, alleging the violation of a term of this Agreement. Such a Grievance shall set out the facts and the Article or Articles claimed to be violated or relied upon and the matter shall be dealt with in accordance with Step 3 and the balance of the Grievance Procedure. No grievance shall be submitted by the Union under Article 8.05 unless it involves: a. More than three (3) employees, provided that the matter has first been discussed with the supervisor concerned; OR b. Any number of employees working for different supervisors. 8.06 STEP 4 - ARBITRATION a. If the grieving Party is not satisfied with the disposition of the Step 3 grievance, or if no satisfactory resolution reply has been reachedreceived within the time limit outlined in Article 8.04, the employee and/or the Union shall reduce grieving Party may submit the grievance to writing Arbitration, provided that it acts within twenty (20) working days from having received the formal response from Stage 3 or, if no response has been received, from date of the Stage 3 meeting. b. The Parties will attempt to agree upon an Arbitrator and present it if they cannot agree within a further fifteen (15) days, then an Arbitrator shall be appointed by the Minister of Labour, at the request of either Party. c. Each of the Parties hereto shall jointly bear the expense of the Arbitrator. d. The Arbitrator shall not be authorized to alter, modify or amend any part of this Agreement, nor to make any decision inconsistent with the provisions thereof. e. The decision of the Arbitrator will be final and binding on the Parties. f. No Grievance shall be submitted for arbitration which does not involve a question concerning the interpretation, application, administration or alleged violation of this Agreement. The Party receiving notice of arbitration may, within fifteen (l5) days of its receipt, give written notice to the Chief other Party objecting that the matter is not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Department. 3Agreement. In such case, the Arbitrator shall endeavour to decide that question before dealing with the matter on the merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such case, the Arbitrator shall reserve judgment on the question of arbitrability and proceed with the matter on the merits. The grievance must be reduced to writing Arbitrator in his/her award shall first deal with the question of arbitrability and presented to if it is decided that the Chief matter does not involve an interpretation, application, administration or alleged violation of the Department by Agreement, then the earlier of seven (7) days after Arbitrator shall not consider the first step discussion with matter further and the aggrieved employee's immediate superior or thirty (30) days after the occurrence decision of the facts giving rise to the grievance or the date as of which the aggrieved employee Employer or the Union had actual knowledge Committee, in the case of or reasonably should have known an Employer Grievance, shall stand. 8.07 At any stage of the occurrence Grievance Procedure, including arbitration, the conferring Parties may have the assistance of the facts giving rise to the grievanceemployee or employees concerned and any necessary witnesses. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeFor the purposes of this Article, grievance or difference arising during the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and holidays. Section 1. The grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the City and its employees. Furthermore, the grievance procedure is to provide a just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Personnel Code, municipal ordinances, Department rules and regulations, and the contract between the Union and the City. Section 2. A grievance is hereby jointly defined to be any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees." Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. Section 4. Grievances shall be adjusted processed in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following proceduremanner: Step 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven Within ten (710) working days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts disagreement giving rise to the grievance. 4. The Chief shall promptly meet with , the employee and must submit a written request (which may be accomplished by the representatives of employee sending an e-mail via the Union Department’s e-mail) to the Department Head for a meeting to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor Department Head or his designee shall meet arrange for a meeting with the aggrieved employee within ten (10) working days from the date of receipt of the employee's actual letter requesting a review as described in this step. The employee is entitled to be represented by a Union representative or by the Union's attorney at this meeting. The Department Head will render a written decision within ten (10) working days of the meeting with the employee. Step 2. If the grievance is not solved under Step 1, the employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be taken to arbitration by notifying the Personnel Director in writing, within five (5) working days from the date of decision in Step 1. Upon such written notification, the Personnel Director shall arrange for a hearing before the Personnel Board within thirty (30) working Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon. Section 6. Upon receipt of a notice of intent to arbitrate a grievance, the City, through its designated representative, and the representatives employee, or his designated representative, shall promptly meet and attempt to select an arbitrator by mutual agreement. If the parties are unable to select an arbitrator by this method, the parties will jointly address a letter to the Federal Mediation and Conciliation Service (FMCS) requesting a list of the Union to consider the grievance and shall respond to it in writing within twenty-onefive (5)

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during dispute which may arise between the term parties, including the application, meaning or interpretation of this Agreement shall be adjusted settled in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following proceduremanner: 1. The matter employee shall first be discussed between take up grievance or dispute with the aggrieved employee and/or his ▇▇▇▇▇▇▇ union representative and his immediate superior in an effort supervisor no later than twenty-four (24) working hours after the occurrence or knowledge of such grievance or dispute, excluding weekends or holidays, and will have twenty-four (24) working hours to resolve itsettle. 2. IfUnion will then have forty-eight (48) working hours, after seven daysexcluding weekends or holidays, no satisfactory resolution has been reached, to grieve the employee and/or the Union shall reduce the grievance to writing and present it immediate Supervisor’s decision (in writing) to the Chief of the DepartmentManagement. Management will then resolve grievance within forty-eight (48) working hours. 3. The grievance must be reduced to writing and presented Clerical Unit may then, within forty- eight (48) working hours, excluding weekends, or holidays, from Management determination, further grieve to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or Mayor his/her representative who will have thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to resolve the grievance. 4. In the event that the grievance is still unsettled, the Clerical Unit may, within ten (10) days after discussion with Mayor or his/her representative, apply to the Civil Service Commission or Public Employee Relation Commission, pursuant to rules and regulations established by P.E.R.C. under provisions of Chapter 303, Laws of 1968. 5. In the event of arbitration proceedings, the Union representative shall be allowed time off, with pay, for the purpose of attending such proceedings and be it further recognized that the cost of witnesses, etc., shall be borne by the party requesting same. The Chief cost of an arbitrator shall promptly meet be borne equally. 6. In the event that disciplinary action is taken against any person covered under the provisions of this contract, the following procedure shall apply; A. The Director of the Department involved shall serve upon the employee a proper N.J. Department of Personnel notice which specifies the nature of the charges and action taken. A copy of said notice shall be filed with the Township Administrator. In the event that no hearing is required by law, the employee shall be free to proceed with paragraph 3 through 5 of this section of the contract. B. In the event that a hearing is required by law, the initial notice shall specify the time, date and place of the hearing which shall be held before the Administrator of the Township of Burlington. Said hearing shall be held within the time requirements established by law for the holding of hearings for the employee subject to the hearing. At the hearing before the Township Administrator, the Department Head shall present the basis for the charges set forth within the notice filed. Subsequent to the presenting of said facts, the employee shall have the right to cross examine witnesses, present witnesses or other evidence and to testify in his/her own behalf. The employee shall, in addition, have the right to be represented at all proceedings by the Union or counsel of employee’s choosing and cost. C. Within thirty (30) days from the date of the hearing before the Township Administrator, the Township Administrator shall render his findings of the fact and conclusions of law which shall rule on the appropriateness of disciplinary action in the matter pending. A copy of said findings of facts and conclusions of law shall be filed with the Mayor and Township Administrator, along with the employee and the representatives Township Department Director affected. The Mayor of the Union to discuss Township of Burlington, within seven (7) days from receipt of the grievance findings of fact and he conclusions of law, shall respond to it in writing affirm, modify or reverse the determinations made by the Township Administrator, which action by the Mayor shall be deemed final for purpose of review. In the event that no action is taken by the Mayor within seven (7) days after its presentation receipt of the findings of fact and conclusions of law, the determination of the Township Administrator shall be deemed adopted by the Mayor and a final decision in the matter subject to himappeal in accordance with the provisions of law. 5. If D. At all proceedings wherein disciplinary action is pending, the Chief's answer does not satisfactorily dispose Clerical Unit shall have the right to represent the interest of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it actively participate in writing within twenty-onehis/her defense.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. ‌ 14.01 The parties agree that it is preferable to resolve problems through discussions among those persons directly concerned before submitting a grievance. 14.02 Any disputedispute between an Employee and the Employer not resolved as set out above, or any dispute arising between the Employer and the Union, may be the subject of a grievance insofar as such disputes result from the interpretation, the application or difference arising during the term alleged violation of this Agreement the Collective Agreement. Grievances by an Employee must have the approval and support of the Union. 14.03 A grievance shall be adjusted submitted in accordance with this procedure. writing, preferably on the official form, and shall specify: a) Whether the grievance is personal, from a group, from the Union or the Employer; b) The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement affected Employee(s)’ name; c) The provision or the provisions of the parties. An aggrieved employee may Collective Agreement that have a Union representative present at and participating in any level been allegedly misinterpreted, misapplied or violated; d) A description of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts incident giving rise to the grievance or grievance, including the date of the incident; e) The remedy sought; f) The Union or Employer representative signature as appropriate. 14.04 A grievance initiated by an Employee, a group of which the aggrieved employee Employees, or the Union had actual knowledge shall be treated in the following manner: a) A grievance shall be submitted to the Manager of or reasonably should have known of Employee Relations no later than forty (40) Business Days after the occurrence of the facts incident giving rise to the grievance. 4b) The University shall reply in writing within fifteen (15) Business Days of receiving the grievance, with a copy to the Employee, if applicable. 14.05 A grievance initiated by the Employer shall be submitted to the Union President within forty (40) Business Days after the incident giving rise to the grievance. The Chief Union President shall promptly meet with reply in writing to the employee and other party within twenty (20) Business Days following the representatives latter of the Union submission of the grievance or, if the parties agree to meet to discuss the grievance and he shall respond to it in writing grievance, within seven twenty (720) days after its presentation to himBusiness Days following the meeting. 5. If the Chief's answer does not satisfactorily dispose 14.06 Failing resolution of the grievancegrievance through the procedures set out in clauses 14.04 and 14.05, the employee and/or Employer or the Union, as the case may be, may submit the grievance to arbitration within forty-five (45) Business Days of the reply or, in the case of the failure to reply, within forty-five (45) Business Days from the date on which the reply was due from the Union or the Employer, as the case may be. 14.07 Upon referral to arbitration, the Employer and the Union shall submit make every effort to agree on the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives selection of the Union to consider the grievance and shall respond to it in writing arbitrator within twenty-onetwenty (20)

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSection 1. In the event a dispute occurs due to a misunderstanding, grievance or difference arising during the term misinterpretation and/or violation of this Agreement shall be adjusted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in or any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his section thereof, (excluding Article XII regarding Delinquency) an ▇▇▇▇▇▇▇ effort will be made to settle such dispute between the Contractor, and his immediate superior the Union. If the dispute cannot be resolved between the Employer and the Union, then the Labor Relations Director of AGC of Michigan, shall be notified of such difference of opinion or dispute. If the dispute cannot be resolved in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) working days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievanceby this method, the employee and/or the Union shall submit either party can then refer the matter to the MayorJoint Grievance Committee as outlined hereafter. 6Section 2. The Mayor Joint Grievance Committee shall be composed of four (4) members; two (2) from the AGC-LRD and two (2) from the Union. Following appointment said Grievance Committee shall meet, elect a Chairperson and a Secretary, (one (1) union, one (1) management), adopt rules of procedure which will bind the parties concerned, and proceed to consider any matters properly before it. The Joint Grievance Committee shall have the powers only to adjust disputes that may arise due to a misunderstanding, misinterpretation and/or violation of the Agreement or his designee any section thereof. No Committee member shall be directly involved in the dispute to be resolved by said Committee. Section 3. All complaints based on a misunderstanding, misinterpretation and/or violation of this Agreement or any section thereof shall be referred to the Joint Grievance Committee in writing, and said Committee shall meet with the aggrieved employee and the representatives within five (5) working days of the Union receipt of said complaint to consider the same. If the Committee, within five (5) working days after such meeting, is unable to decide the matter before it, Section 4. No proceedings hereunder based on any dispute, complaint or grievance herein provided for shall be recognized, unless called to the attention of the Employer and shall respond to it the Union in writing within twenty-onetwelve (12) calendar days after alleged violation was committed. Section 5. Pending final decision on any matter by the Joint Grievance Committee, no action will be taken by either party that will halt or interrupt the orderly conduct of the Employer’s business. Section 6. It is mutually agreed that the provisions of this Article shall not apply if the dispute arises over failure or refusal of the Contractor to pay the wage rates, overtime, Health Care, Pension, Industry Advancement Fund, Carpenters’ Training Fund, and Vacation, provided, however, that any dispute involving a particular Employee’s proper wage classification or eligibility to receive overtime pay shall be subject to the provisions of this Article. Section 7. The time frame previously referenced may be waived in each instance by mutual consent of the parties. Disputes resolved at any step of the grievance procedure is final and binding upon all parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSection 1 An Employee may informally discuss a problem with his/her academic unit Section 2 The parties desire a prompt and efficient method of resolving grievances as Section 3 A grievance may be filed by the Union or an Employee (with a copy given to Section 4 After making efforts to resolve the grievance informally, a grievance or difference arising during the term of this Agreement shall be adjusted Step One: The grievance shall be submitted in writing by hand, facsimile or Step Two: If the grievance is not resolved at Step One, a Step Two grievance Step Three: If the grievance is not resolved at Step Two, a Step Three grievance Step Four: If the grievance is not resolved at Step 3, the Union or the University Section 5 If either the University or the Union timely raises an issue of procedural (a) There shall be no submission of multiple grievances to arbitration in one demand, nor shall separately submitted grievances be consolidated and/or merged before the same arbitrator, absent mutual consent between the University and the Union. Accordingly, in the absence of mutual consent of the University and the Union, an arbitrator may not be presented with or rule upon more than one grievance, provided that either the University or the Union may submit a class grievance to arbitration in accordance with this procedureArticle. It is the desire of the University and the Union to settle grievances at the lowest possible level. Therefore, all steps shall be required before a grievance can proceed to arbitration unless the University and the Union agree otherwise in writing. (b) Only the Union and the University or either’s authorized representative may present or defend the grievance at arbitration. (c) The arbitrator shall have no authority to add to, subtract from, alter or amend any of the provisions of this Agreement. The arbitrator shall have the authority only to decide disputes concerning the interpretation and application of the specific section(s) and article(s) of the Agreement to the facts of the particular grievance procedure presented to him or her. (d) The decision and award of the arbitrator shall be informal issued to the University and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or within thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known close of the occurrence arbitration hearing or submission of the facts giving rise to the grievanceparties’ briefs, whichever is later. 4. (e) The Chief decision and award of the arbitrator shall promptly meet with be final and binding upon the employee University and the representatives of the Union to discuss this Agreement and the grievance and he shall respond employees covered hereby to it in writing within seven (7) days after its presentation to himthe extent provided by law. 5. If the Chief's answer does not satisfactorily dispose (f) The fees and expenses of the grievance, arbitrator and the employee and/or hearing room shall be shared equally by the Union shall submit University and the matter to the MayorUnion. 6. The Mayor or his designee shall Section 7 Failure of any Employee to meet with any deadline at any step of this grievance Section 8 A grievance initiated by the aggrieved employee and the representatives University alleging a violation of the Union to consider the grievance and shall respond to it in writing within twenty-oneAgreement

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSection 7.1 For the purpose of the Agreement, a grievance is defined as a written statement signed by an individual employee or by the COMPANY, claiming a violation of the terms of this Agreement, including disciplinary discharge or suspension, or a difference arising during between the term COMPANY and an individual employee or a number of individual employees as to the interpretation or application of any of the terms of this Agreement. Nothing herein shall be construed as restricting the rights of individual employees to present complaints to the COMPANY through regular channels of the COMPANY, or the rights of the COMPANY to adjust such complaints, provided that adjustment shall not conflict with the provisions of this Agreement and that a representative of the UNION has been given the opportunity to be present at such adjustment, if requested by the employee and/or employees involved in the complaint. Grievances shall be adjusted settled promptly in accordance with this procedurethe following manner, and if the time limits contained therein are not followed, the grievance shall be considered void. No waiver of such time limits shall be effective unless reduced to writing, nor shall such waiver be deemed precedent. The parties may mutually agree to expedite the procedures in the Steps below. Step I The Local Union having any grievance procedure shall be informal reduced to writing and confidential at all times. Time limitations may be waived and/or extended signed by mutual agreement of the parties. An aggrieved affected employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it submitted to the Chief of Security within seven Step II If the Department. 3. The matter is not resolved in Step I, the LOCAL may appeal the grievance must be reduced by submitting it in writing to writing and presented to the office of the Project Manager within five (5) days from the receipt of the answer given by the Chief of Security. Within ten (10) days from the Department by receipt of the earlier UNION'S appeal, a meeting shall be held between the Project Manager and his Step III If the matter is not resolved in Step II, the Local UNION or COMPANY may request arbitration in the following matter: a. Within twenty (20) days after Step III, the UNION or Company may request the FMCS to furnish a list of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty available arbitrators. b. Within ten (3010) days after the occurrence receipt of the facts giving rise to the grievance or the date as list of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the arbitrators, representatives of the Union UNION and the COMPANY will alternatively strike names and the last remaining name on the list shall be the arbitrator to discuss hear the case. The first party to strike shall be determined by the toss of a coin; for any subsequent arbitration, the parties will alternate as to whom will be first to strike. Section 7.2 The arbitrator shall have no power to add to, or subtract from, or modify any of the terms of this Agreement or to rule on any matter except while this Agreement is in full force and effect. The arbitrator’s decision shall be based exclusively on evidence presented at the arbitration hearing. The arbitrator’s decision shall demonstrate that he has thoroughly considered the arguments advanced by each party and cite the provisions of the Agreement serving as the basis for the decision. The arbitrator shall have no power to establish or change wage rates or wage scales or benefits. Either party may submit a post hearing brief. The award (decision) of the arbitrator shall be in writing and shall be final and binding upon the COMPANY, UNION, and the involved employee. Section 7.3 Disputes, which include claims for back pay, shall be valid back to the date the incident occurred. The Arbitrator must deduct all interim earnings in making a monetary award for any claimed back wages, including unemployment compensation and the employee must demonstrate his good faith attempts to secure interim earnings. No settlement of any grievance shall be deemed a precedent or be admissible in any arbitration proceedings. Section 7.4 The fees and expenses of the Arbitrator shall be borne equally by the COMPANY and the UNION. Each party shall bear its own expense, including any witness expense, in presenting its case to the Arbitrator. The minutes of any arbitration case may be recorded by a qualified court reporter if either party so requests. The party requesting that the minutes be recorded shall pay the cost of the recording of said reporter. If either party desires a copy of the minutes so recorded, he shall purchase such at his own expense. Section 7.5 For the purposes of this Article, Saturdays, Sundays and holidays shall be excluded in computing periods. Section 7.6 Neither the COMPANY nor the UNION shall be required to arbitrate more than one Section 7.7 No settlement of any grievance shall be deemed a precedent or admissible in any arbitration proceeding. Section 7.8 The time limits in this Article shall be strictly observed, and may be extended only by written agreement of the parties. On a case-by-case basis, the parties may mutually agree in writing to bypass any step or steps in the grievance and he shall respond to it in writing within seven (7) days after its presentation to himprocedure. 57.8.1 An employee who, during his scheduled working hours, meets with Company officials on grievance or other pertinent Union business shall be paid at his regular hourly rates for time so spent. If the Chief's answer does not satisfactorily dispose of the grievancePermission must be obtained by an employee from an appropriate supervisor or manager before leaving his, the employee and/or the Union shall submit the matter or her, post to the Mayorraise a grievance or attend a meeting with Company officials. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives 7.8.2 By agreement of the Union to consider and the designated Company official, a given step of the grievance and shall respond to it procedure contemplated may be waived in writing within twenty-oneand the grievance processed to the next higher step. 7.8.3 The parties shall, in no way, be limited as to the designation of alternates for particular steps of the procedure, as needed. The Company must use stewards, alternate stewards or Union officials, provided the Union has appointed a ▇▇▇▇▇▇▇ or alternate on each shift.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. a. Any disputegrievance which may arise between the parties concerning the application, meaning or interpretation of this Agreement, shall be resolved in the following manner: Step 1. An employee having a grievance and his Union delegate shall within five (5) working days after it arose, or should have been known to the employee, present the grievance in writing to the Department Head or designee in addition to his/her immediate supervisor. If desired, a hearing shall be held by the Department Head within two (2) working days. A grievance so presented in Step 1 shall be answered by Temple in writing within five (5) working days after its presentation or hearing, as the case may be. Step 2. If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the answer in Step 1, be presented in Step 2. A grievance shall be presented in this step too, and be discussed with the Director of Labor Relations or his designee by the Union officers; and he or his designee shall render a decision in writing within five (5) working days after the presentation of the grievance or difference arising during hearing in this step. b. Failure on the term part of Temple to answer a grievance at any step shall not be deemed acquiescence thereto, and the Union may proceed to the next step. Section 2. Without waiving its statutory or management rights, a grievance on behalf of Temple may be presented initially at Step 2 by notice in writing addressed to the Union at its offices. Section 3. An employee who has been suspended or discharged, or the Union on his or her behalf, may file within five (5) business days of the suspension or discharge a grievance in writing in respect thereof with the Office of Labor Relations at Step 2 of the foregoing Grievance Procedure. Section 4. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays, and may be extended by mutual agreement. Section 5. Any disposition of a grievance from which no appeal or notice of request to extend time limit is given within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement Agreement. However, with mutual agreement, extensions may be granted. Requests for extensions shall not be adjusted unreasonably denied. Section 6. A grievance which affects a substantial number or class of employees may initially be presented at Step 2 or Step 3 by the union. The grievance shall then be processed in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itGrievance Procedure. 2Section 7. IfA grievance, after seven dayswhich has not been resolved may, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or within thirty (30) working days after the occurrence completion of Step 3 of the facts giving rise to the grievance or the date as of which the aggrieved employee Grievance Procedure, be referred for arbitration by Temple or the Union had actual knowledge of or reasonably should have known to the American Arbitration Association for resolution under the voluntary Labor Arbitration Rules of the occurrence American Arbitration Association then prevailing. Section 8. The fee and expenses of the facts giving rise to American Arbitration Association and the grievancearbitrator shall be borne equally by the parties. 4Section 9. The Chief award of an arbitrator hereunder shall promptly meet with be final, conclusive and binding upon Temple, the employee Union and the representatives employees. Section 10. The arbitrator shall have jurisdiction only over grievances after completion of the Union to discuss the grievance Grievance Procedure and he shall respond have no power to it add to, subtract from, or modify in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose any way any of the grievance, the employee and/or the Union shall submit the matter to the Mayorterms of this Agreement. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. A. Any dispute, grievance or difference arising during dispute regarding the term interpretation or application of the provisions of this Agreement shall contract must be adjusted in accordance with this proceduresubmitted for settlement by the aggrieved employee or employees, or by the Union on behalf of such aggrieved employee or employees, or by the Union on its own behalf under the procedure as herein provided. The grievance This procedure shall be informal the sole and confidential at all timesexclusive method for settlement of such disputes. STEP 1. Time limitations may be waived and/or extended by mutual agreement Any employee or employees who believe there has been a violation of the partiesterms or conditions of this contract in relation to his or their employment shall immediately and promptly take such complaint to the immediate supervisor. An aggrieved Such employee may have a Union and supervisor shall attempt to resolve said complaint. No complaint will be considered by any supervisor or representative present at and participating in any level of the following procedure:Employer unless it is brought to the attention of the supervisor or representative of the Employer within five (5) days of its alleged occurrence, except as hereinafter provided as to wages. (This 1. The Step 1 does not apply to any matter shall first be discussed between presented by the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itUnion on its own behalf). STEP 2. If, after seven days, no satisfactory resolution has been reachedIf said employee or employees and the supervisor cannot resolve said complaint within such five (5) day period, the employee and/or the Union and employees shall reduce the grievance complaint to writing and present it to the Chief of the Department. 3which shall be considered a grievance. The This grievance must shall be so reduced to writing and presented to the Chief of the Department by the earlier of seven submitted within ten (710) days after the first step discussion with occurrence of the aggrieved employee's immediate superior or alleged violation of this contract to the General Manager of the Employer; provided, however, that complaints and grievances as to the amount of money due and payable to any employee for wages, hours worked, vacation allowances and days off may be filed and furnished to the General Manager within thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of first regular pay day following the occurrence of the facts giving rise such alleged violation relating to the grievancesuch wages. 4STEP 3. The Chief shall Non-Binding Mediation. If such grievance cannot be settled promptly meet with between the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing parties within seven five (75) calendar days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose delivery of written notice of the grievance, the employee and/or the Union shall parties, by mutual agreement may submit the matter to non-binding mediation. The services of the MayorFederal Mediation and Conciliation Service will be used for this step. The opinion of the mediator will be non-binding on either party. 6STEP 4. If such grievance cannot be settled within five (5) calendar days after delivery of written notice of the grievance (Step 2) or if used, within five (5) calendar days of the Non-Binding Mediation (Step 3), the matter may be submitted to arbitration by either party. B. The Mayor expenses and remuneration of the arbitrator shall be borne by the parties equally. C. The Union will not authorize, assist or his designee shall meet with the aggrieved employee support any strike or stoppage of work, and the representatives employees agree that they will not individually or concertedly engage in, assist or support any strike, slowdown, sit down or stoppage of work brought about either by action of the Union in violation of this Agreement or by action of individuals or groups without Union authority. Such action shall be just cause for dismissal or discipline by the Employer (subject to consider the grievance procedure herein provided). D. In the event that either party fails to abide by the grievance procedure, as set forth above, or fails to abide by the decision or award of the arbitrator, the parties may use such economic or legal recourse as they individually deem necessary (any legislative act to the contrary notwithstanding). E. Such disputes as may arise under ▇▇▇▇▇▇ ▇. above are hereby deemed by the parties to be "contract disputes", and not "labor disputes" within the meaning of any legislative act. F. At any step in this grievance procedure the Executive Committee of the Local Union shall respond have the final authority, in respect to it any aggrieved employee covered by this Agreement, to decline to process a grievance, complaint, difficulty, or dispute further, if in writing within twenty-onethe judgment of the Executive Committee such grievance or dispute lacks merit or lacks justification under the terms of this Agreement, or has been adjusted or justified under the terms of this Agreement to the satisfaction of the Union Executive Committee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during 15.01 For the term purpose of this Agreement a grievance is defined as a dispute, claim or complaint involving the interpretation or application of the provisions of this Agreement. (i) No grievance shall be adjusted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement considered where the circumstances giving rise to it occurred or originated more than five (5) full working days before the filing of the parties. An aggrieved employee grievance. (ii) Where a grievance arises as a result of a discharge, the Union may have a Union representative present at and participating in any level such grievance on behalf of the following seniority employee at Step 3 of the grievance procedure:. 1. The matter (iii) An employee shall first have the right to be discussed between the aggrieved employee and/or his accompanied by a ▇▇▇▇▇▇▇ at any and his all times during the grievance procedure. (iv) The time limits defined herein may be extended upon (written) mutual agreement between the parties. (v) Grievances arising under this Agreement shall be adjusted and settled as follows: Step 1 The aggrieved employee shall present his/her grievance orally to his/her immediate superior in an Supervisor and a sincere effort shall be made to resolve itthe complaint. If a settlement satisfactory to the employee concerned is not reached within five (5) working days after the grievance has been presented by him/her, the said employee then may present his/her grievance as follows at any time within five (5) working days thereafter. 2Step 2 The aggrieved employee then may submit his/her grievance in writing to the Supervisor and may have the assistance of a representative of the Union. If, after seven days, no The written grievance shall specify the matter complained of and the parts of the agreement alleged to be violated. In the event of a satisfactory resolution has been settlement not being reached, the employee and/or the Union Supervisor shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion deal with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond give their answer (in writing) to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-onetwo

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute8.01 It is the expressed desire of the parties hereto that any complaint of an employee, grievance the Union or difference arising during the term of this Agreement Company shall be adjusted in accordance with this procedureas quickly as possible. The grievance procedure shall be informal and confidential at all times. Time limitations If an employee has a formal complaint, the following steps of the Grievance Procedure may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedureinvolved: 1. Step 1 The matter shall first be discussed between the aggrieved employee and/or accompanied by his ▇▇▇▇▇▇▇ shall present the complaint orally within eight (8) working days of the occurrence to the employee's immediate supervisor who shall reply to the complaint within two (2) working days. If the matter is not then settled, the employee, through his ▇▇▇▇▇▇▇, shall present the grievance in writing to the employee's immediate supervisor within a further two (2) working days and the supervisor shall give his immediate superior decision in writing within two (2) working days of receipt of the grievance. Step 2 If the grievance is not then settled, it shall then be referred within five (5) working days after receipt of the supervisorís reply to the Plant Manager or his designate. Within three (3) working days of receipt of the grievance, the Plant Manager or his designate, shall arrange a date to meet with the Grievance Committee and the Union Staff Representative if his presence is required by either party. The Plant Manager or his designate shall answer the grievance within five (5) working days of the meeting with the Grievance Committee. If the matter is not settled, then at the request of either party it may be referred to arbitration within fifteen (15) working days of the Plant Manager or his designates reply to the grievance. Any notice to submit a matter to arbitration must state the allegation of the party requesting arbitration and the remedy or remedies sought. 8.02 Any time limit specified above may be altered by mutual agreement of the parties in writing. 8.03 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an effort allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to resolve submit the difference or allegation to arbitration. The Union and the Company shall endeavour to agree on a single Arbitrator within fifteen (15) days of the notice to submit the grievance to arbitration. If the Union and the Company fail to jointly appoint a single arbitrator within the time limits, the Ministry of Labour shall be asked to appoint an Arbitrator in accordance with the Ontario Labour Relations Act. 8.04 The decision of the sole arbitrator shall be final and binding upon both parties and upon any employee affected by it. 2. If, after seven days, no satisfactory resolution 8.05 No person shall be appointed as an arbitrator who has been reachedinvolved in attempting to settle the grievance. 8.06 Each of the parties shall jointly and equally bear the expenses, if any of the employee and/or arbitrator. 8.07 No matter shall be submitted to or dealt with by an arbitrator, which has not been previously and properly carried through all steps of the Grievance Procedure. 8.08 An arbitrator shall not make any decision inconsistent with the terms of this Agreement nor shall he alter, modify or amend any part of this Agreement and he shall deal solely with the issue or issues referred to it in the notice requesting arbitration. 8.09 It is understood that in the event of there being a policy grievance, same may be submitted by the Union shall reduce the grievance to writing and present it in written form to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven Plant Manager or his designate within ten (710) working days after the first step discussion occurrence of the matter which is the subject matter of the grievance. Within three (3) working days of receipt of the grievance the Plant Manager or his designate shall arrange a date to meet with the aggrieved employee's immediate superior Grievance Committee and the Union Staff Representative if his presence is requested by either party. The Plant Manager or thirty his designate shall answer the grievance within five (305) working days of meeting with the Grievance Committee. If the matter is not settled, then at the request of either party it may be referred to arbitration within fifteen (15) working days of the Plant Manager or his designates reply to the grievance. 8.10 It is understood that in the event of there being a group grievance, same may be submitted by the Union in written form to the Senior ▇▇▇▇▇▇▇ or his designate within ten (10) working days of the occurrence of the matter which is the subject matter of the grievance. Within three (3) working days of receipt of the grievance, the Senior ▇▇▇▇▇▇▇ shall arrange a date to meet with the Grievance Committee and shall give a written reply to the grievance within five (5) working days of the meeting. If the grievance is not then settled, it shall then be referred within five (5) working days after receipt of the Senior Foremanís reply to the Plant Manager or his designate. Within three (3) working days of receipt of the grievance the Plant Manager or his designate shall arrange a date to meet with the Grievance Committee and the Union Staff Representative if his presence is requested by either party. The Plant Manager or his designate shall answer the grievance within five (5) working days of the meeting with the Grievance Committee. If the matter is not settled, then at the request of either party it may be referred to arbitration within fifteen (15) working days of the Plant Manager or his designates reply to the grievance. 8.11 It is further agreed that the Company shall have the right to present any grievance with respect to any violation of this Agreement. Such a grievance shall be presented by the Company in writing to the Union Committee within ten (10) days after the occurrence of the facts giving rise to matter, which is the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known subject matter of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven Within five (75) days after its presentation to him. 5any such grievance must be dealt with by a meeting between the Plant Manager or his designate, the Union Committee and the Union Staff Representative, if his presence is requested by either party. If such a grievance is not settled within a said period of five (5) days, it may be referred to arbitration by either party within fifteen (15) days after the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayorsaid meeting has been held. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute(a) The parties to this Agreement agree that the grievance procedure hereby established shall serve as the means for the amicable settlement of any dispute or grievance arising between the Union and the Employer under the provisions of this Agree- ment, including the application, meaning or interpretation of same. The parties seek to secure at the lowest possible admini- strative level, equitable solutions to the grievance. (b) On matters involving reclassifications, promotions, suspensions of 29 days or longer, and discharges, an Employee may elect to either process a grievance in accordance with this Article or difference arising during submit the term matter directly to the Civil Service Commission, provided it is understood that whichever avenue is elected it will bar proceedings or relief under the other avenue. All other disputes or grievances involving questions of contract interpretation of specific provisions of this Agreement shall be adjusted processed under this Article as the exclusive remedy and shall not be subject to appeal to the Civil Service Commission. (c) It is understood that the inclusion of paragraph (b) above is not intended to change whatever right the Union may have had to protest application and/or changes in accordance with this procedure. The grievance procedure shall be informal personnel rules and confidential at all times. Time limitations may be waived and/or extended by mutual City policies not involving questions of contract interpretation under the collective bargaining agreement of to the partiesCivil Service Commission, nor is it intended to grant the Union such rights if the Union did not have said rights prior to paragraph (b). Step 1. An aggrieved employee may have Employee with a Union representative present at and participating in any level of the following procedure: 1. The matter grievance shall first be discussed between discuss it with his immediate supervisor, either individually or with the aggrieved employee and/or his Union ▇▇▇▇▇▇▇ to try and his immediate superior in an effort resolve the matter informally. If the grievance is not satisfactorily resolved with the supervisor's oral response to resolve it. 2. If, after seven days, no satisfactory resolution has been reachedthe Employee, the employee and/or the Union Employee shall reduce the grievance to writing and present submit it to the Chief of division supervisor in writing on the DepartmentGrievance Form within three (3) work days and the division supervisor shall respond in writing within five (5) work days. 3Step 2. The If the grievance must has not been satisfactorily resolved at Step 1, it shall be reduced to writing and presented in writing, counter-signed by the Local President or his designee, by the Union ▇▇▇▇▇▇▇ or the Union Grievance Committee to the Chief of the Department by the earlier of seven appropriate department head within five (75) work days after the first step discussion with division supervisor's written response is due. The department head shall respond to the aggrieved employee's immediate superior or thirty Union in writing within five (305) work days after the occurrence of the facts giving rise submission to the grievance or the date as of which the aggrieved employee him. The department head or the Union had actual knowledge of or reasonably should have known may request a meeting to resolve the grievance. If requested, the meeting shall be held within the time limits of the occurrence of response due date. If the facts giving rise to grievance has not been satisfactorily resolved at the grievance. 4. The Chief Step 2 level, it shall promptly meet with the employee and the representatives of be appealed by the Union to discuss the grievance and he shall respond to it Director of Labor Relations in writing within seven (7) work days after its presentation the department head's response is due. The Director of Labor Relations will cause grievance appeal meetings to him. 5be set up. No less than one (1) day per month will be scheduled for reviewing appealed grievances. Grievances appealed by the first day of the month will be reviewed at that month's meeting. Two (2) representatives of the City, designated by the Director of Labor Relations, and two (2) representatives of the Union, designated by the Local President, will attend such meetings. The purpose of the meeting shall be to attempt to resolve the grievance or develop alternative solutions by mutual agreement. If there is no accord upon the Chief's answer does not satisfactorily dispose disposition of the appealed grievance, the employee and/or Director of Labor Relations will notify the Union that the grievance is denied. Said notice shall be in writing and shall set forth the reasons for denial and shall be submitted within ten (10) work days after the meeting. Either party may submit the matter grievance to arbitration by notifying the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives other party of the Union desire to consider the grievance and shall respond to it in writing arbitrate within twenty-oneten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeFor purposes of the Collective Agreement, a grievance or is defined as a difference arising during between the term parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this Agreement article, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate manager the opportunity of adjusting his complaint orally or in accordance writing. If any employee has a complaint, he shall discuss it with this procedurehis immediate manager within five (5) days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the employee. The manager shall give his response to the complaint within five (5) days and, failing settlement, it may be then taken up as a grievance within five (5) days after being advised of the immediate manager's decision in the following manner and sequence: If the employee wishes, he may go directly to step of the grievance procedure shall be informal and confidential at all timeswithout following the process outlined above. Time limitations may be waived and/or extended by mutual agreement If an employee decides to go directly to step Ihe must file his grievance under step Iwithin five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1empIoyee. The matter shall first be discussed between employee, who may request the aggrieved employee and/or assistance of his ▇▇▇▇▇▇▇ and ▇, may present his grievance to his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3manager. The grievance must shall be reduced to in writing and presented to the Chief of the Department on a grievance form approved by the earlier of seven (7) days after Company and the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4Union. The Chief grievance shall promptly meet with be signed by the employee and shall include the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to have been violated. Failing settlement, the immediate manager shall deliver his decision in writing within five (5) days following the presentation of the grievance to him. Failing Settlement: Within five (5) days after the decision in which Step is given, the employee, who may request the assistance of the ▇▇▇▇▇▇▇, may submit the grievance in writing to his Human Resources Manager or his designate who shall deliver his decision in writing within five (5) days following the presentation of the grievance to him. Where an employee's immediate manager and the Human Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step the griever, who may have the assistance of the Union ▇▇▇▇▇▇▇, may submit the grievance in writing to the Store Manager or his designate. A meeting will then be held between the Store Manager or his designate and the employee and/or and the Union ▇▇▇▇▇▇▇. Such meeting shall be held within five (5) days of submission of the grievance at Step unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Union shall submit be present at such meeting at the matter to request of either party and that the Mayor. 6Company may also have such counsel and assistance as it may desire. The Mayor decision of the Store Manager or his designee designate shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it be delivered in writing within twenty-onefive (5) days following the date of such meeting. It is agreed that a policy grievance arising directly between the Company and the Union shall be originated under Step and the time limits set out with respect to the step shall appropriately apply. It is understood, however, that the provisions of this section may not be used with respect to a remedy directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. A claim by an employee who has completed his probation period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step of the grievance procedure within five (5) days after the date the discharge or suspension is effected. Such grievance may be settled under the grievance or a it tion p ure by:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute9.01 For the purposes of this Agreement, a grievance or is defined as a difference arising during between the term parties relating to the interpretation, application, administration or alleged violation of this the Agreement including any question as to whether a matter is arbitrable. 9.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, an Employee is entitled to be represented by a local Hospital Union representative, if available. Representation may be provided via teleconference. 9.03 It is the mutual desire of the parties hereto that complaints of Employees shall be adjusted in accordance with this procedureas quickly as possible, and it is understood that an Employee has no grievance until she has first given her immediate Supervisor the opportunity of responding to the complaint. The grievance procedure Such complaint shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement discussed with her immediate Supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the partiesEmployee. An aggrieved employee may have a Union representative present at and participating in any level Failing settlement of the complaint within nine (9) calendar days of being so discussed with the immediate Supervisor, it may then be taken up as a written grievance at Step No. 1, within nine (9) calendar days following procedure: 1the date on which the Employee has been advised of the Supervisor's decision, or failing any reply it may then be taken up as a written grievance at Step No. 1 within a period of fourteen (14) calendar days following the initial complaint. Step No. 1 The matter shall first be discussed between Employee, with the aggrieved employee and/or his assistance of a ▇▇▇▇▇▇▇ or representative from the institute, if available, may submit a written grievance, signed by her, to the Manager. The nature of the grievance, the remedy sought and his immediate superior the section or sections of the Agreement, which are alleged, to have been violated shall be set out in an effort the grievance. The parties may, if they so desire, meet to resolve itdiscuss the grievance at a time and place suitable to both parties. The Manager will deliver their decision in writing within nine (9) calendar days following the day on which the grievance was presented to her (or any longer period which may be mutually agreed). Failing settlement, the next step in the grievance procedure may be taken. Step No. 2 Within nine (9) calendar days of the decision under Step No. 1, the Employee, with the assistance of a ▇▇▇▇▇▇▇ or representative from the institute, if available, may submit the written grievance to the Hospital's designated Hospital Representative for Step 2. A meeting will then be held, within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties, between the Hospital's Management Representatives and a Union representative. It is understood that the Griever may attend this meeting. A decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 2. If, after seven days, no satisfactory resolution has been reached, 9.04 A complaint or grievance arising directly between the employee and/or Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall reduce be originated at Step No. 2 within fourteen (14) calendar days from the time that the circumstances giving rise to the complaint or grievance were known or should have been known to the Union or the Hospital, and the grievance to writing and present it process shall apply, with any necessary modifications, to the Chief Union policy grievance or the Hospital grievance, as the case may be. A member of the DepartmentHospital's Union Executive and/or a Union Staff Representative shall sign a Union policy grievance. 39.05 Where a number of Employees in the Hospital have identical grievances and each Employee would be entitled to grieve separately, they may present a group grievance in writing signed by each Employee who is grieving to the Manager responsible for their department, or alternate, within fourteen (14) calendar days after the circumstances giving rise to the grievance were known or ought reasonably to have been known to the Employees. The grievance must shall then be reduced to writing treated, as being initiated at Step No. 1 and presented the applicable provisions of this Article shall then apply with respect to the Chief processing of such grievance. 9.06 The release of a probationary Employee for reasons based on performance and ability to do the Department job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary Employee is released for: (a) Reasons which are arbitrary, discriminatory or in bad faith; (b) Exercising a right under this Agreement. The Hospital agrees to provide written reasons for the release of a probationary Employee within seven (7) days of such release. A claim by the earlier Union that a probationary Employee has been unjustly released shall be treated as a grievance, provided the Employee is entitled to grieve, if a written statement of such grievance is lodged by the Employee with the designated Hospital Representative at Step No. 2 within seven (7) days after the first step discussion date the release is affected. Such a grievance shall be treated as a special grievance as set out below. The Hospital agrees to provide written reasons within seven (7) calendar days to the affected Employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an Employee who has completed her probationary period, without just cause. A claim by the Union that an Employee, who has completed her probationary period, has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the aggrieved employee's immediate superior or thirty designated Hospital Representative at Step No. 2 within seven (307) calendar days after the occurrence date the discharge or suspension is affected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (i) Confirming the Hospital's action in dismissing the Employee; or (ii) Reinstating the Employee with or without loss of seniority and with or without full compensation for the time lost; or (iii) By any other arrangement which may be deemed just and equitable. 9.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within fourteen (14) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. 9.08 Either party may notify the other party in writing of its desire to submit the grievance to arbitration. Upon receipt of the facts giving rise notice, the other party shall acknowledge receipt in writing. Both parties shall then endeavour to select an impartial arbitrator to hear and resolve the grievance. Should the parties be unable to agree on an arbitrator within fourteen (14) calendar days after receipt of the request, either party may then request the Ministry of Labour for the Province of Ontario to appoint a sole arbitrator. 9.09 Upon mutual agreement of the parties in writing, an Arbitration Board composed of one nominee from each party and a Chairperson appointed by the nominees may be substituted for a sole arbitrator. The time limits and procedures set out in Clauses 9.06 and 9.07 shall apply to the grievance or appointment of nominees and the date as Chairperson. Each party will pay the fees and expenses, if any, of which its own nominee and shall share equally the aggrieved employee or the Union had actual knowledge of or reasonably should have known fees and expenses, if any, of the occurrence Chairperson. 9.10 The arbitrator shall hear and determine the grievance. The decision of the facts giving rise arbitrator shall be final and binding upon the parties and upon the Employee(s) affected by it. 9.11 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 4. 9.12 The Chief arbitrator shall promptly meet not be authorized to make any decision inconsistent with the employee provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 9.13 Each of the parties hereto will share equally the fees and expenses, if any, of the arbitrator. 9.14 The time limits set out in 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. 9.15 The parties may agree to waive or extend any of the time limits established in the grievance and arbitration procedures. 9.16 No matter may be submitted to arbitration, which has not been properly carried through the grievance procedure within the times specified, provided that the parties may extend the time limits in the grievance procedure by mutual agreement in writing. Where a response is not given by a party within the specified time limit in the grievance procedure, the other party may submit the grievance to the next step of the grievance procedure. 9.17 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 and the Union and the Employees. 9.18 Paid holidays shall not be counted in determining the time in which any action is to discuss be taken or completed in any of the steps of the grievance and he shall respond to it in writing within seven (7) days after its presentation to himarbitration procedure. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute38.1 Should any Employee or the Employer covered by this Agreement, grievance believe that he has been unjustly dealt with or difference arising during the term that any provision of this Agreement has been or is being violated such grievance shall be adjusted handled in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure:manner. 1. 38.2 The matter Employee or Employer shall first be discussed between immediately report such grievance to the aggrieved employee and/or his ▇▇▇▇▇▇▇ or Business Representative, as the case may be, who shall go with him to the Superintendent or Employer’s Representative on the jobsite and his immediate superior endeavor to have the same adjusted. In the event such a complaint or grievance cannot be satisfactorily settled in an effort this manner, the matter shall then be submitted, in writing, within twenty-four (24) hours to resolve itthe Business Representative of the Union or the Union’s Representative and a Representative of the Employer, who shall be selected by the Employer to act on such grievance. 2. If, after seven days, no satisfactory resolution has 38.3 In the event such a complaint or grievance shall not have been reachedsatisfactorily settled, the employee and/or matter then shall be submitted to an arbitration committee of three (3) for final decision. This committee shall be selected as follows: 38.4 One (1) member shall be selected by and representing the Union, one (1) member shall be selected by the Employer, and these two (2) shall select a third impartial member who shall act as Chairman. This committee shall hold hearings as expeditiously as possible and render its decision in writing without undue delay (within five [5] days and the decision of the committee shall be final and binding on both parties. Should the Management Representative and the Union Representative on the Arbitration Committee fail to agree on a third impartial member, then the parties shall reduce jointly request the grievance Federal Mediation and Conciliation Service to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier submit a list of seven (7) recognized arbitrators. From this list so submitted, the parties would then, within five (5) working days after receipt thereof, select the first step discussion with arbitrator by the aggrieved employee's immediate superior alternate rejection of a suggested name until one (1) remains. The person whose name so remains shall act as the arbitrator. 38.5 The arbitrator shall have no power to add to, detract from, or thirty (30) days after in any way modify the occurrence terms and provisions of this Agreement. 38.6 The arbitrator named by the Union and the arbitrator named by the Employer shall serve as such without compensation. Necessary expenses of the facts giving rise to hearing, including any compensation for the grievance or third arbitrator shall be shared equally by the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievanceparties hereto. 4. The Chief shall promptly meet with the employee 38.7 It is distinctly understood that hours of labor, rates of pay, and the representatives use of the Union Label are not subject to discuss arbitration.‌ 38.8 Any and all disputes, stoppages, suspensions of work, and any and all claims, demands or actions resulting therefrom, or involved therein, shall be settled and determined exclusively by the grievance and he shall respond to it in writing within seven (7) days after its presentation to himmachinery provided for settlement of grievances including final arbitration. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Working Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any Section 1 A grievance is defined as a dispute, misunderstanding, misapplication or violation of this Agreement. It is the intent of the parties to this Agreement that the grievance or difference arising during procedure set forth herein shall serve as a means for a peaceful settlement of disputes that may arise between them as to the term application and interpretations of this Agreement shall or other conditions of employment. In order to be adjusted in accordance with this a proper matter for the grievance procedure, the grievance must be presented within ten (10) working days of the occurrence or of the employee's knowledge or when he reasonably should have had knowledge. The employer will answer, in writing, any grievance procedure presented to it, in writing, by the Union. Step 1 Any employee having a grievance shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of present it to the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedureemployer as follows: 1. (a) If an employee feels he has a grievance, he may discuss the grievance with the ▇▇▇▇▇▇▇. (b) The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his and/or the employee may discuss the grievance with the immediate superior in an effort to resolve itsupervisor. 2(a) If the matter is thereby not disposed of, it will be submitted in written form by the ▇▇▇▇▇▇▇ to the Department Director. If, after seven days, no satisfactory resolution has been reachedUpon receipt of the grievance, the employee and/or Department Director shall sign and date the Union shall reduce the grievance to writing and present it to the Chief ▇▇▇▇▇▇▇'▇ copy of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. (b) The Chief Department Director shall promptly meet with give his written answer to the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing ▇▇▇▇▇▇▇ within seven (7) working days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, . The lack of a written answer within this time period shall be deemed to be a denial of the employee and/or grievance. Step 3 If the grievance remains unsettled the Union president or committee person, shall submit the matter present it in writing, to the MayorPersonnel Director within seven (7) working days after the response of Step 2 is due. The Personnel Director shall sign and date the Union's copy. The Director of Personnel shall arrange a meeting with the Union grievance committee within seven (7) working days (unless mutually extended) of the date of appeal of the grievance. The Director of Personnel shall answer the appealed grievance, in writing, within seven (7) working days of the meeting. The lack of a written answer within this time period shall be deemed to be a denial of the grievance. 6Step 4 Mediation and Arbitration Grievances, which address economic damage or loss for a grievant, a group of grievants or the Bargaining Unit as a whole, whether, at the time of the grievance or the impact of the City's action creating such damage/loss, will be eligible for arbitration. Grievances, which are not clearly eligible for arbitration, will be processed to mediation. Should the Union and the City disagree as to the eligibility of a grievance for arbitration, such grievances will be processed through the mediation step. The Mayor or his designee shall meet with mediator will assist the aggrieved employee parties to resolve grievances and will also have the representatives of the Union authority to consider recommend arbitration as a final recourse to settle the grievance dispute. It is also understood that any grievance not subject to arbitration shall be settled at Step 3 or in conjunction with Step 3 and shall respond to it in writing within twenty-onemediation.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSection 20.01: As used in this Paragraph, grievance or difference arising during the term "grievant" shall mean an employee who desires to or who has filed a grievance pursuant to this paragraph, and the term "representative" shall mean that member of the Association appointed by its Board of Directors to perform the duties delegated to him or her in this Article. Section 20.02: All written grievances and grievance appeals shall set forth the provisions of this Agreement under which the grievance was filed and no grievance may be made unless it is founded upon alleged breach of the terms and conditions of this Agreement. All appeals of duly filed grievances not submitted by the grievant or representative within the time limit specified shall be adjusted in accordance with this procedure. The grievance procedure termed abandoned grievances and as such shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement considered as being resolved in favor of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itCity. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to Section 20.03: All grievances must be in writing and present it to cite the Chief provision of the Department. 3this Agreement relied upon. The A written grievance must shall be reduced to writing and presented to the Chief of the Department by the earlier of seven Police or his or her designee within ten (710) calendar days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise incident leading to the grievance. 4. The Thereafter the grievant, the Chief of Police or his or her designee shall promptly meet with the employee and the representatives of the Union to discuss the grievance in a friendly manner and he shall respond make every effort to it in writing resolve the grievance unless otherwise amended to, the meeting shall take place within seven ten (710) days after its presentation to him. 5. If of the Chief's answer does not satisfactorily dispose receipt of the grievance. Following said meeting, the employee and/or Chief of Police or his or her designee shall answer the Union grievance, setting forth the reasons for his or her Section 20.04: Employees who are required to attend any of the meetings or hearings which may be required pursuant to this Article shall submit be excused from work to attend such meetings or hearings from the matter time their presence is necessary, providing however, that the number of employees so absent from duty shall not be so great, in the opinion of the Chief, as to the Mayorresult in inadequate protection. Employees so excused shall have no time deducted from their regular scheduled off days, vacation days or holidays. 6Section 20.05: Any and all attorney's fees which may result from proceedings had under this Article shall be borne exclusively by the party obtaining an attorney. The Mayor or his designee shall meet with Either party may obtain the aggrieved employee and the representatives service of an attorney at any stage of the Union to consider the grievance and shall respond to it in writing within twenty-oneproceedings under this Article.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute19.1: In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is further agreed and understood by the parties that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cover both grievances involving the application or interpretation of the Agreement (i.e., non-disciplinary matters) and grievances involving termination, demotion, suspension, or written reprimand taken against a member of the Bargaining Unit that is covered by this Agreement, except for the allegations of employment discrimination as specified in Article 7. 19.2: Every effort will be made by the parties to settle any grievance or difference arising during as expeditiously as possible. Should either party fail to observe the term time limits as set out in the steps of this Agreement Article, the grievance will automatically be processed to the next step of the procedure. However, time limits may be modified by mutual written agreement between the parties. 19.3: All reference to “days” stated in this Article shall mean calendar days. 19.4: Grievances not related to suspensions, demotions, or terminations (i.e., grievances concerning written reprimands or the application or interpretation of this Agreement) shall be adjusted processed in accordance with this procedure. The grievance procedure the following manner and every effort shall be made by the parties to secure the prompt disposition of such grievances. Step 1: The member shall first take up a grievance with his/her immediate supervisor within ten (10) days after the employee has knowledge or should have had knowledge of the event(s) which gave rise to the grievance. Such meeting between the member and his/her immediate supervisor shall be on an informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itoral basis. Step 2. If, after seven days, no satisfactory resolution has been reached, : Any grievance which cannot be satisfactorily settled with the employee and/or the Union immediate supervisor shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented signed by the member or a representative of the PBA and submitted to the Chief of Police or his/her designee within ten (10) days of the Department Step 1 meeting. The grievance shall be discussed in a meeting by and between the earlier member, a representative of seven the PBA and the Chief of Police within five (75) days from rendering the grievance to writing. The Chief of Police shall within ten (10) days after this meeting, render his/her decision in writing, with a copy to the first step discussion PBA. Step 3: In the event the member is not satisfied with the aggrieved employee's immediate superior disposition of the grievance in Step 2, the member or thirty the PBA shall have the right to appeal the Chief of Police’s decision to the City Manager or his/her designee within ten (3010) days after from the occurrence date of receipt of the facts giving rise Chief of Police’s written decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the member and a representative of the PBA, requesting that the Chief of Police’s decision be modified or reversed. The City Manager or his/her designee shall, within ten (10) days from the filing of such appeal, render a decision in writing to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known with a copy of the occurrence decision to the representative of the facts giving rise to the grievancePBA. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss 19.5: If the grievance and he shall respond is in response to it a disciplinary action, except as described in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-onesection

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, The grievance or procedure herein provided is among the most important matters in the successful administration of the Agreement. A grievance shall be as any difference arising during out of the interpretation, application, administration or alleged violation of the collective agreement. Wherever the term of "grievanceprocedure" is used in this Agreement Agreement, it shall be adjusted in accordance with this considered as including the arbitration procedure. The time limits set out in both the grievance procedure and arbitration procedure shall be informal and confidential at all times. Time limitations strictly observed by the parties to this Agreement, but may be waived and/or extended by mutual agreement consent. All grievances must be in writing, setting out the matter complained of, the provisions of the parties. An aggrieved employee may have Collective Agreement allegedly broken, the remedy sought, and signed by the griever and a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in of the Union. A copy shall be sent to the respective manager. A complaint or grievance by an effort to resolve it. 2. Ifemployee, after seven days, no satisfactory resolution which has been reachedsettled, shall not again be made the subject matter of a complaint or grievance by that employee and/or during the lifetime of the Agreement. A griever whose attendance is required at arbitration hearings shall receive permission with pay to be absent work. The Union shall reduce the grievance to must make such request in writing and present it one week prior to the Chief of hearing. No grievance shall be considered where the Department. 3. The grievance must be reduced circumstances giving rise to writing and presented to the Chief of the Department by the earlier of it occurred or originated more that seven (7) days after before the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence filing of the facts giving rise grievance. Grievance shall be adjusted and settled as follows: Step The aggrieved employee shall present grievance, in writing, and may have the Union Representative of choice present if the employee desires, to immediate supervisor (or to the grievance person designated in authority in their absence) or other designate as advised by the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise Company. If settlement satisfactory to the grievance. 4. The Chief shall promptly meet with employee is not received by the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its following the presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the grievance may be presented as follows at any time within seven (7) working days, following receipt of the Step written reply. II The aggrieved employee and/or may present grievanceto the Station Manager or other designate as advised by the Company and may have the Union shall submit Representativeof choice present if the matter to the Mayor. 6employee desires. The Mayor Station Manager or his designee designate shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it render decision in writing within twenty-onewriting, seven

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute‌ For the purposes of this Article, grievance or difference arising during the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and holidays. Section 1. The grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the City and its employees. Furthermore, the grievance procedure is to provide a just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Personnel Code, municipal ordinances, Department rules and regulations, and the contract between the Union and the City. Section 2. A grievance is hereby jointly defined to be any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees." Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. Section 4. Grievances shall be adjusted processed in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following proceduremanner: Step 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven Within ten (710) working days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts disagreement giving rise to the grievance. 4. The Chief shall promptly meet with , the employee and must submit a written request (which may be accomplished by the representatives of employee sending an e-mail via the Union Department’s e-mail) to the Department Head for a meeting to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor Department Head or his designee shall meet arrange for a meeting with the aggrieved employee and within ten (10) working days from the representatives date of receipt of the employee's actual letter requesting a review as described in this step. The City will not sustain a grievance prosecuted by an individual employee who has not requested the Union to consider pursue the grievance or participate in the grievance, without consulting with the Union, and any remedy granted to said employee will not have precedential value with respect to future disputes involving other employees in the Bargaining Unit unless expressly agreed to by the Union. The employee is entitled to be represented by a Union representative(s) and/or by the Union's attorney at this meeting. Step 2. If the grievance is not solved under Step 1, the employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be taken to arbitration by notifying the Human Resources Director in writing, within five (5) working days from the date of decision in Step 1. Upon such written notification, the Human Resources Director shall respond arrange for a hearing before the Personnel Board within thirty (30) working days from the date of request for a hearing before the Personnel Board. If there is a request to take the grievance to arbitration, the following procedure in the Sections stated below shall be followed, and the Human Resources Director shall arrange, either through the City Attorney’s Office or through the Director’s office, to select an arbitrator with the Union or its representative. Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in writing the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon. Section 6. Upon receipt of a notice of intent to arbitrate a grievance, the City, through its designated representative, and the employee, or his designated representative, shall promptly meet within twenty-onefifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the parties are unable to select an arbitrator by this method, the parties will jointly address a letter to the Federal Mediation and Conciliation Service (FMCS) requesting a list of five (5)

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute8.01 For the purposes of this Agreement, a grievance or is defined as a difference arising during between the term Parties relating to the interpretation, application, administration or alleged violation of this the Agreement including any question as to whether a matter is arbitrable. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, an Employee is entitled to be represented by a local Institute representative, if available. Representation may be provided via teleconference. 8.03 It is the mutual desire of the Parties hereto that complaints of Employees shall be adjusted in accordance with this procedureas quickly as possible, and it is understood that an Employee has no grievance until they have first given their immediate Supervisor the opportunity of responding to the complaint. The grievance procedure Such complaint shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his with their immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven Supervisor within nine (79) calendar days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Employee. Failing settlement of the complaint within nine (9) calendar days of being so discussed with the immediate Supervisor, it may then be taken up as a written grievance or at Step No. 1, within nine (9) calendar days following the date as of on which the aggrieved employee or the Union had actual knowledge of or reasonably should have known Employee has been advised of the occurrence Supervisor’s decision, or failing any reply it may then be taken up as a written grievance at Step No. 1 within a period of fourteen (14) calendar days following the facts giving rise initial complaint. Step 1 The Employee, with the assistance of a Institute representative, if available, may submit a written grievance, signed by the Employee, to the grievance. 4Manager or designate. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose nature of the grievance, the employee and/or remedy sought and the Union section or sections of the Agreement, which are alleged, to have been violated shall submit be set out in the matter to the Mayor. 6grievance. The Mayor or his designee shall Parties may, if they so desire, meet with the aggrieved employee and the representatives of the Union to consider discuss the grievance at a time and shall respond place suitable to it both Parties. The Manager will deliver the decision in writing within twenty-onenine (9) calendar days following the day on which the grievance was presented to the Manager or designate (or any longer period which may be mutually agreed). Failing settlement, the next step in the grievance procedure may be taken. Step 2 Within nine (9) calendar days following the decision under Step 1, the Employee, with the assistance of an Institute representative, if available, may submit the written grievance to the Hospital’s designated Hospital Representative for Step 2. A meeting will then be held, within nine

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute11.1 Parties to this Agreement believe that it is important to adjust complaints and grievances as quickly as possible. Notwithstanding any provision contained in this Article, grievance any nurse and/or the Association may present a complaint at any time without recourse to the formal written procedure described herein. Such complaint shall be discussed with the Manager of Client Services. A nurse shall have the right, at any time during a meeting with management or difference arising during the term grievance procedure, to have the assistance of an Association Representative. 11.2 In the event of a complaint by a nurse covered by this Agreement that she has been discriminated against or discharged or disciplined without just cause or has been otherwise dealt with unjustly, she may file a grievance against the Employer. All grievances shall be adjusted submitted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven within fourteen (714) working days after the first step discussion with circumstances giving rise to it have occurred or ought reasonably to have come to the aggrieved employee's immediate superior or thirty (30) days after attention of the occurrence nurse. All grievances shall be in writing and shall contain a statement of the facts giving rise to the grievance or and shall be filed in accordance with the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4procedure outlined in this Article. The Chief following shall promptly meet be the procedure in processing and handling grievances. If the matter is not resolved following discussion with the employee Manager as above then the nurse and/or Union representative shall take the matter up with theDirector, Client Services and the representatives of the Union to discuss the grievance and he Director, Client Services shall respond to it give her decision in writing within seven three (73) working days after its presentation to him. 5of receipt of the grievance. If the Chief's answer does grievance is not satisfactorily dispose settled at Step #1, the nurse and/or a Union representative may, within five (5) working days of the grievancedate of receiving the answer of the Director, Client Services (or if no answer is received under Step #1 then within three (3) working days after such answer ought to have been received) refer the employee and/or the Union shall submit the matter grievance to the Mayor. 6. The Mayor or his designee Executive Director who shall meet with convene a meeting between the aggrieved employee parties at a mutually agreeable time and the representatives of the Union to consider the grievance and shall respond to it render a decision in writing within twenty-onefive (5) working days of the meeting as set out herein.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute12.01 The grievance procedure provided herein is among the most important matters in the successful administration of the Agreement. The Company and the Union therefore agree that any matters or complaints raised by an employee covered by the terms of this Collective Agreement, grievance regarding interpretation, application, administration or difference arising during the term alleged violation of this Agreement shall may be adjusted submitted as a grievance. 12.02 All time limits referred to in accordance with this procedure. The the grievance procedure shall be informal and confidential at all times. Time limitations may deemed to mean “working days”. 12.03 No grievance shall be waived and/or extended by mutual agreement considered where the circumstances giving rise to it became known or should have been known more than (10) working days before the filing of the parties. An aggrieved grievance. 12.04 Every effort shall be made, without undue delay, to settle any grievance which may arise between the Company and the Union or an employee may have a Union representative present at and participating in any level of the following procedure:manner; 1Step 1 The griever will discuss his/her grievance with his/her supervisor prior to reducing the same to writing. If the matter is not settled, the griever may call his/her Union Committee member who will attempt to adjust his/her complaint. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior Union Committee member may file a grievance in an effort to resolve it. writing within two (2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing ) working days and present it to the Chief of griever’s supervisor who will respond within two (2) working days. If the Departmentgrievance is not settled at Step 1, the employee may present the grievance at Step 2. 3. Step 2 The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion Union Committee may, with the aggrieved employee's immediate superior , present the grievance to the President or thirty his designate. The President or his designate shall render his decision, in writing, within four (304) days after the occurrence receipt of the facts giving rise written grievance. If a settlement satisfactory to the employee is not reached within two (2) working days following the receipt of reply of the President or designate, the grievance may be presented as follows at any time within two (2) additional working days, but not thereafter, unless mutually agreed upon. Step 3 The party having carriage of the grievance shall request arbitration of the grievance by giving notice, in writing, to the other party within ten (10) working days from the delivery of the decision in Step 2, but not thereafter. Prior to proceeding to arbitration, all grievances shall be discussed at a meeting held with the National Representative and or the date Local president, the Committee member involved, the Chairperson, the President or his designate. 12.05 If a request for arbitration is not given with the ten (10) day period, the decision at Step 3 shall be final and binding upon both parties to the Agreement, and upon the employee involved. 12.06 It is agreed that disputes which are carried to arbitration shall be heard before a single arbitrator. 12.07 The Union shall, in the notice of intent to proceed to arbitration, suggest three (3) names to serve as arbitrator. The Company shall respond within ten (10) days by either agreeing to a name provided by the Union or by suggesting alternative names. 12.08 If the parties fail to agree upon an arbitrator, then the Minister of which Labour for Ontario shall appoint an arbitrator at the aggrieved request of either party. 12.09 Any time limit fixed by the grievance and/or arbitration procedure may be extended by the written agreement of the President and the Chairperson. 12.10 The decision of the arbitrator shall be final and binding on the Company, the Union and the employee or employees concerned. Each of the parties shall share equally the fees and expenses of the arbitrator. No person shall be selected as an arbitrator who has been directly involved in attempts to settle the grievance. The arbitrator shall not have jurisdiction to alter, change or amend any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement. 12.11 The arbitrator shall have jurisdiction in respect of a grievance involving suspension or discharge of an employee to modify such penalty if, in the opinion of the arbitrator, it is just and reasonable to do so. 12.12 An employee appearing before an arbitrator on the hearing of his grievance shall be paid by the Company, at his regular rate, for time so spent. This shall apply only for those hours that the employee otherwise would have been scheduled to work. 12.13 Time limits in this Article may be extended only by mutual agreement between the Company and the Union. POLICY GRIEVANCE 12.14 A policy grievance shall commence at Step 2 of the grievance procedure, and may be filed by the Union had actual knowledge of or reasonably should have known by the Company. 12.15 A policy grievance is defined as one which alleges: (a) Incorrect interpretation, application or administration of the occurrence Agreement. (b) Other action which may affect the collective interests of the facts giving rise to bargaining unit or the grievanceCompany; (c) A breach of an announced or existing policy of the Company concerning benefits or rights established under this Agreement. 4. The Chief 12.16 If the parties fail to agree upon an arbitrator, then the Minister of Labour for Ontario shall promptly meet with appoint an arbitrator at the employee and the representatives request of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to himeither party. 5. If 12.17 The parties agree that the Chief's answer does above provisions shall not satisfactorily dispose of be used to by-pass the grievance, the employee and/or the Union shall submit the matter to the Mayornormal grievance procedure. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute(a) An Employee who believes he has a claim or grievance must notify the Carrier Official involved in such violation at the time it occurs. All claims or grievances must be presented in writing by or on behalf of the Employee involved to the officer of the Carrier authorized to receive same, within thirty (30) days from the date of occurrence on which the claim or grievance is based. The claim must state the names of the Employees involved, the rule of the Agreement upon which the claim is based, the date and time of the incident, the Carrier Official notified of the violation and all relevant facts in support of the claim. (b) Should any such claim or difference arising during grievance be disallowed, the term Carrier shall within thirty (30) days from the date same is filed, notify the Employee or his representative in writing of this Agreement the reasons for such disallowance. If not so notified, the claim or grievance shall be adjusted in accordance with considered valid and settled accordingly, but this procedure. The shall not be considered as a precedent or waiver of the contentions of the Carrier as to other similar claims or grievances. (c) If a disallowed claim or grievance procedure is to be appealed to the highest officer designated to handle claims or grievances (“Appeal Officer”), such appeal shall be informal taken within sixty (60) days from receipt of notice of disallowance from the first officer of the Carrier. (d) A conference shall be held with the Appeal Officer within 30 days of receipt of the appeal, or at such time as the parties may mutually agree. Following conference, the Appeal Officer must notify the Organization, in writing, of his decision within 60 days from the date of conference. (e) If claims denied by the Appeal Officer are to be progressed, proceedings must be instituted within six (6) months by the Employee or his representative before a tribunal having jurisdiction pursuant to law or agreement of the claim or grievance involved. (f) The Carrier and confidential at all times. Time limitations the Organization will each provide the other with the names and addresses of the individuals authorized to handle claims or grievances to each successive level of the process defined by Article 10 and 11. (g) Any of the time limits show in this Article may be waived and/or extended by changed my mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter , which shall first not unreasonably be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itwithheld. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, Grievance Procedure A grievance shall be defined as a dispute over the interpretation or difference arising during application of the term specific provisions of this Agreement shall be adjusted in accordance with this procedureAgreement. The grievance Parties agree that this procedure will substitute for and replace the procedure found at General Order #210.00 for bargaining unit members. Unit members may appeal disciplinary suspensions of greater than two days, disciplinary demotions, or discharges by either using the procedure in this Article or the Career Service Employees Act (General Order #202.01), but not both. Employees may avail themselves of only one of these forums, and once an option has been chosen the other procedure shall be informal and confidential at all timesforeclosed to them. Time limitations Unit members may be waived and/or extended by mutual agreement appeal disciplinary action involving disciplinary suspensions of two days or less through this procedure up to Step 4, but the decision of the partiesSheriff or his designee at that step will be final and the matter cannot be taken to arbitration. An aggrieved employee may have a Union This Grievance Procedure is available to all bargaining unit members regardless of membership in the PBA. However, the PBA is the exclusive bargaining unit representative present at PBSO, and participating in any level of the following procedure: 1. The matter shall all grievances must first be discussed between submitted to the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort PBA for review prior to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce submission of the grievance to writing and present it to PBSO. In the Chief of event that an aggrieved bargaining unit member, who is not a PBA member at the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known time of the occurrence or knowledge of the facts matter giving rise to the grievance. 4, timely proceeds with a grievance without representation, and the request for representation in arbitration is denied by the PBA on the basis of nonmembership in the PBA, such grievant shall be required to pay equally with PBSO half of the arbitrator's fee and expenses and the costs of the transcripts, if any, and towards that end, shall be required to post not less than $10,000 in advance of the selection of an arbitrator. The Chief shall promptly meet Unit members who wish to appeal performance evaluations may informally contest their evaluations by conferring with the employee next level within the chain of command. Members will be given the opportunity to clarify their position and voice opinions regarding the evaluations, and the representatives of reviewing authority may supplement the Union evaluations, but members shall not be entitled to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to himgrieve their evaluations. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeFor the purposes of this Article, grievance or difference arising during the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and holidays. Section 1. The grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the City and its employees. Furthermore, the grievance procedure is to provide a just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Personnel Code, municipal ordinances, Department rules and regulations, and the contract between the Union and the City. Section 2. A grievance is hereby jointly defined to be any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees." Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. Section 4. Grievances shall be adjusted processed in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following proceduremanner: Step 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven Within ten (710) working days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts disagreement giving rise to the grievance. 4. The Chief shall promptly meet with , the employee and must submit a written request (which may be accomplished by the representatives of employee sending an e-mail via the Union Department=s e-mail) to the Department Head for a meeting to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor Department Head or his designee shall meet arrange for a meeting with the aggrieved employee and within ten (10) working days from the representatives date of receipt of the employee's actual letter requesting a review as described in this step. The City will not sustain a grievance prosecuted by an individual employee who has not requested the Union to consider pursue the grievance or participate in the grievance, without consulting with the Union, and any remedy granted to said employee will not have precedential value with respect to future disputes involving other employees in the Bargaining Unit unless expressly agreed to by the Union. The employee is entitled to be represented by a Union representative(s) and/or by the Union's attorney at this meeting. The Department Head will render a written decision within ten (10) working days of the meeting with the employee. Step 2. If the grievance is not solved under Step 1, the employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be taken to arbitration by notifying the Human Resources Director in writing, within five (5) working days from the date of decision in Step 1. Upon such written Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall respond not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon. Section 6. Upon receipt of a notice of intent to it in writing arbitrate a grievance, the City, through its designated representative, and the employee, or his designated representative, shall promptly meet within twenty-onefifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the parties are unable to select an arbitrator by this method, the parties will jointly address a letter to the Federal Mediation and Conciliation Service (FMCS) requesting a list of five (5)

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during 8.01 It is the term mutual desire of this Agreement the parties hereto that complaints of employees shall be adjusted in accordance as quickly as possible and it is understood that an employee has no grievance until they have first given their immediate supervisor an opportunity to adjust their complaint. If an employee has a complaint concerning the interpretation, application, administration or alleged violation of this Agreement, the employee shall discuss it with this proceduretheir immediate supervisor within seven (7) calendar days after the circumstances giving rise to it have occurred. The immediate supervisor shall give a written decision to the complaint within three (3) calendar days following the date the complaint was discussed with them. Any such response shall not set precedent nor shall it prejudice the Employer. Failing settlement, the employee may then take the complaint up as a grievance procedure shall be informal provided, the employee does so within five (5) calendar days following advice of their immediate supervisor's decision in the manner and confidential at all timessequence set forth below. Time limitations It is agreed that a grievance may be waived and/or extended arise only from a dispute concerning the interpretation, application, administration or alleged violation of this Agreement. The Employee or their ▇▇▇▇▇▇▇, if desired, may submit a written grievance signed by mutual agreement the employee to the General Manager containing the nature of the partiesgrievance, the circumstances giving rise to it, and the remedy sought. An aggrieved employee may have a Union representative present at and participating The Managing Director will deliver their decision in any level writing within five (5) working days following the day in which the grievance was presented to them. Failing settlement then: Within five (5) working days following advice of the decision under Step No. 1, the employee, or ▇▇▇▇▇▇▇, if desired, may submit the written grievance to the Managing Director. Within thirty (30) calendar days following procedure: 1. The matter shall first be discussed between receipt of the aggrieved grievance, representatives of the Employer will meet with the employee and/or his a ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union a U.F.C.W. representative to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor Managing Director or his designee shall meet with their designate will deliver their written decision within three (3) calendar days following the aggrieved employee and the representatives date of the Union to consider the grievance and shall respond to it in writing within twenty-onesuch meeting.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during 23.1 All matters pertaining to the term proper application and interpretation of this Agreement Agreement, or any dispute or grievance arising hereunder, shall be adjusted in accordance with this procedureby the accredited representative of Allied Employers, Inc., and the accredited representative of the Union. 23.1.1 In cases where it is concluded that an employee has been improperly discharged, the arbitrator may reinstate the improperly discharged employee. The grievance procedure arbitrator may not render an award which requires the employer to pay an improperly discharged or suspended employee for time that the employee has not actually worked in excess of the wage and benefits the employee would have earned had he worked his normal schedule during the one hundred and eighty (180) calendar days immediately following the date of discharge or suspension. The Parties confirm that the above is a hard cap with no exceptions. 23.2 In the event of the failure of these parties to reach a satisfactory adjustment, the matter shall be informal referred in writing for final adjustment to a Labor Relations Committee consisting of two (2) Employer members and confidential at two (2) Union members. The decision of the Labor Relations Committee shall be final and binding on all timesparties. 23.3 In the event the Labor Relations Committee is unable to resolve the dispute within thirty (30) days, excluding weekends and holidays, it shall be referred to an impartial arbitrator whose decision shall be final and binding upon the parties; provided, however, that nothing herein contained shall empower the arbitrator to add to, delete from or otherwise modify the terms of this Agreement. Time limitations may All grievances or disputes submitted to arbitration shall constitute a properly arbitrable issue under this Agreement and shall not be waived and/or extended based on any issue or contention by either party which is contrary to the terms of this Agreement, or which involves the determination of a subject matter not covered by this Agreement. 23.4 Whenever it becomes necessary to select an impartial arbitrator as required by this Article, the Labor Relations Committee shall endeavor to make such selection by mutual agreement agreement. In the event of failure to agree, the parties. An aggrieved employee may have a Union representative present at and participating in any level parties shall select an arbitrator by taking turns striking names off the list of the following procedurepermanent panel: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇ ▇. ▇▇▇▇ 2. ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department.▇▇▇▇▇▇▇▇▇ 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. ▇▇▇▇▇▇ ▇▇▇▇▇▇ 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one▇▇▇▇ ▇▇▇▇▇

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. (A) Any disputeclaim of an employee arising out of the interpretation of, grievance or difference arising during adherence to the term terms or provisions of this Agreement shall be adjusted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter Contract shall first be discussed between taken up with the department head for adjustment and, if not satisfactorily settled, be then taken up with the administrator of the Employer or his/her representative, and if not then satisfactorily settled, it shall constitute a grievance and shall be submitted for settlement under the grievance procedure herein provided. With respect to any other dispute arising out of the interpretation of, or adherence to, the terms and provisions of this Contract, the aggrieved employee and/or his ▇▇▇▇▇▇▇ party shall promptly give written notice of the employee's grievance to the other party setting forth the grievance in detail and his requesting submission of the grievance for immediate superior in an effort to resolve itsettlement. 2. If, after seven days, (B) In no satisfactory resolution has been reached, case shall there be any consideration given to any grievance unless such notice is submitted by the employee and/or the Union shall reduce the grievance to writing and present it aggrieved party to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven other party within twenty (720) days after the first step discussion with occurrence of the aggrieved employee's immediate superior or grievance (except that as to grievances over wages, hours, vacations and days‐off provisions of this Agreement, such notice shall be timely if given within thirty (30) days after the occurrence of regular payday for the facts giving rise to period in the grievance or the date as of which the aggrieved employee or violation occurred). Failure to give such notice shall constitute a permanent waiver and bar of such grievance. If such controversy cannot be settled promptly between the Employer and the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven five (75) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose such notice of the grievance, the employee and/or matter shall be referred to a Board of Arbitration consisting of one (1) member selected by the Employer and one (1) member selected by the Union. In the event this arbitration committee cannot agree to an adjustment of such dispute or grievance within five (5) working days after their first meeting, the two (2) so selected shall select a third member, who shall serve as impartial chairman, but if said arbitrators are unable to agree upon the selection of an impartial chairman within three (3) working days, then either party may request the Director of Federal Mediation and Conciliation Service to appoint a panel of five (5) neutral arbitrators. The parties shall alternately delete names and the last name shall be the neutral arbitrator. The decision of the Board of Arbitration shall be made within ten (10) days after the conclusion of the arbitration hearing. Except that if such decision is not served, in writing, upon all parties within ten (10) days from the date that hearings are concluded, unless extended in writing mutually by the parties, members of the Arbitration Board shall receive no compensation therefore. The decision or award by said arbitrators or a majority of them shall be final and binding upon the parties. The expenses of the Board of Arbitration shall be borne by the parties equally. (C) In the event that the Employer deliberately violates the provisions of this Agreement relating to wages, hours of work, seniority rights, job classifications or titles, overtime differentials and vacations, any back pay owed to the employees because of such violation shall be paid by the Employer at the rate of two (2) times the standard straight‐ time rate or overtime rates. It shall be obligatory for the Board to calculate any cost violations and render the double penalty decision where it is definitely and conclusively shown that such violation was deliberate. Reasonable evidence of clerical errors or honest mistake in interpretation shall exempt the Employer from the double penalty provisions, and in such case the Employer will be required to pay only the actual amount of back pay involved. This paragraph shall be subject to the above provisions of this Article. (D) Nothing contained in this collective bargaining agreement shall be construed to impair any of the rights of the Employer, the Union shall submit or the matter to employees under the MayorNLRA as amended. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, grievance it is agreed and understood that there shall be a procedure for the resolution of grievances. Grievances are defined as differences involving the application or difference arising during the term interpretation of this Agreement shall be adjusted in accordance with this procedureAgreement. The grievance procedure is not available for settlement of complaints where the grievant does not assert a violation of some specific provision or provisions of this Agreement. Nothing in this article shall require the Union to process grievances for bargaining unit members who are not members of the Union. 2. The grievance procedure cannot be used by the Union or any employee to dispute a decision by the College not to renew the contract of an employee on annual contract, or to dispute a decision by the College not to award a continuing contract. 3. Time is considered to be of the essence for purposes of this Article. Accordingly, any grievance not submitted or processed by the grieving party in accordance with the time limits provided below shall be informal and confidential at all timesconsidered conclusively abandoned. Any grievance not answered by the College within the time limits provided below will automatically advance to the next higher step of the grievance procedure. Time limitations limits may be waived and/or extended only by written mutual agreement consent of the parties. An aggrieved Grievances, with the exception of those discussed in paragraphs 15 and 16 below, shall be presented in the following manner: Step 1: In the event an employee may have covered by this Agreement believes that there is a Union representative present at and participating in any level basis for a grievance, as that term is defined above, he/she may, within ten (10) working days of the following procedure: 1events which gave rise to the alleged grievance, reduce the grievance to writing and submit it to the ▇▇▇▇ or Director, with a copy provided to Human Resources. The matter grievance shall first be discussed between signed by the aggrieved employee and/or his and shall state: (a) the date of the alleged events which gave rise to the grievance; (b) the specific Article or Articles and paragraphs of this Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged grievance; and (d) the specific relief requested. The ▇▇▇▇ or Director shall, within fourteen (14) working days after presentation of the grievance, render his/her decision on the grievance in writing to the grievant and the Union. Step 2: If the grievance is not resolved at Step 1, or if no written disposition is made within the Step 1 time limits, the grievant shall have the right to appeal the Step 1 decision to the ▇▇▇▇▇▇▇ or his/her designee within ten (10) working days of the due date of the Step 1 response. Such appeal must be accompanied by a copy of the original written grievance, and his immediate superior the written decision of the ▇▇▇▇ or Director, if provided, together with a signed request from the grievant requesting that the Step 1 decision be reversed or modified. The ▇▇▇▇▇▇▇ or his/her designee may conduct a meeting with the grievant and the grievant’s Union representative, if agreed upon by the parties. The ▇▇▇▇▇▇▇ or his/her designee shall, within fourteen (14) working days after the presentation of the grievance (or meeting, if conducted), render his/her decision on the grievance in an effort writing to resolve itthe grievant and the Union. Step 3: If the grievance is not resolved at Step 2. If, after seven days, or if no satisfactory resolution has been reachedwritten disposition is made within the Step 2 time limits, the employee and/or grievant shall have the right to appeal the Step 2 decision to the President or his/her designee within ten (10) working days of the date of the issuance of the Step 2 decision. Such appeal must be accompanied by the filing of a copy of the original written grievance, and the written decision of the ▇▇▇▇▇▇▇, together with a request signed by the grievant or their representative requesting that the Step 2 decision be reversed or modified. The President or his/her designee may conduct a meeting with the grievant and the grievant’s Union representative, if agreed upon by the parties. The President or his/her designee shall, within twenty-one (21) working days after the presentation of the grievance (or meeting, if conducted), render his/her decision in writing to the grievant and the Union. 4. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the Union and the College, such grievance shall reduce the grievance to be presented in writing and present it directly to the Chief ▇▇▇▇▇▇▇ within ten (10) working days of the Department. 3occurrence of the event(s) which gave rise to the grievance. The grievance must shall be reduced to in writing and presented to the Chief of the Department shall be signed by the earlier grievant or by the Union representative. The written grievance shall contain the detailed information set forth in Step 1 above. Any further processing of such grievances shall adhere to Step 3 of this Agreement. 5. In the event a grievance processed through the grievance procedure has not been resolved at Step 3 above, the grievant may request that the grievance be submitted to arbitration within fourteen (14) working days after the President renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by and between the parties. The party requesting arbitration shall request the American Arbitration Association to furnish a panel of seven (7) days after names from which each party shall have the first step discussion with option of striking three (3) names in alternating fashion, thus leaving the aggrieved employee's immediate superior seventh (7th) name, which will give a neutral or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4impartial arbitrator. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-oneEach party may reject two

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeExcept as otherwise provided in this Agreement, every grievance the Union may have, will be adjusted as set forth below. A grievance shall be defined as a dispute concerning the application or difference arising during the term interpretation of a specific provision of this Agreement Agreement, Time spent by Employees at grievance meetings shall be adjusted considered as work time for all purposes under this Agreement. If management schedules a grievance meeting when the Employee is not scheduled to work, then the time spent by the Employee shall be credited to that Employee’s Paid Time Off. An Employee who has been suspended or discharged will be paid for attendance at grievance proceedings only in accordance instances where the Employee is reinstated with this procedureback pay. The A grievance which affects a substantial number or class of Employees, or on behalf of the Union, and which the Hospital’s representative designated in Step 1 lacks authority to settle, may initially be presented at Step 2 by the Union representative, provided that such grievance must be filed within the time period set forth in Step 2 of the grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the partiesset forth herein. 9.02 Step 1. An aggrieved employee may have Employee who has a Union representative present at and participating grievance shall discuss the matter with his/her immediate supervisor in any level the presence, of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his a shop ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or within thirty (30) working days after of the occurrence giving rise to the grievance. The immediate supervisor must attempt to provide a satisfactory resolution of the matter within five (5) working days of the discussion. Any Employee who alleges the occurrence of discrimination in violation of Article 15 shall submit the facts mailer for resolution in accordance with the Harassment and Discrimination Policy of the Hospital. The Employee may be assisted, at all times, by a ▇▇▇▇▇▇▇ or other representative of the Union.1 9.03 Step 2. If not satisfactorily settled at the first step, the grievance may be appealed in writing by the shop ▇▇▇▇▇▇▇ within thirty (30) working days of the occurrence giving rise to the grievance or to the date as level of which management above the immediate supervisor’s level in the Department where the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4Employee works. The Chief appeal shall promptly meet with state the employee and the representatives of the Union to discuss reasons for the grievance and he shall respond to it in writing within seven (7the applicable contract provision(s) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6involved. The Mayor or his designee manager receiving this appeal shall meet with the aggrieved employee grievant and the representatives shop ▇▇▇▇▇▇▇ within ten (10) working days of receipt of the Union appeal. The Hospital shall mail or deliver a written reply to consider the grievance Local Union’s President and shall respond to it in writing shop ▇▇▇▇▇▇▇ within twenty-oneten (10) working days of the second step meeting.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during Section 1: A Grievance Committee shall consist of three (3) members of the term plant committee elected by the Union members employed in the operation covered by this Agreement. Members of this Agreement Grievance Committee shall have completed their probationary period with the Company and shall have at least one (1) year’s experience in the type of operation. Meetings of the Grievance Committee shall, except in cases of emergency, and wherever possible, be held outside of working hours. In the event that a grievance should arise it shall be adjusted dealt with in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following proceduremanner, without stoppage of work: 1. Step 1 The matter shall first be discussed between individual employee involved with or without the aggrieved employee and/or his Job ▇▇▇▇▇▇▇ and his immediate superior shall first take up the matter with the ▇▇▇▇▇▇▇ directly in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief charge of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven work within fourteen (714) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after from the occurrence of the facts event or events giving rise to the grievance or from the date as of which time when the aggrieved employee has knowledge or the Union had actual may be reasonably presumed to have knowledge of such event or reasonably should have known of the occurrence of the facts giving rise to the grievanceevents. 4. The Chief Step 2 If a satisfactory settlement is not then reached, it shall promptly meet with be reduced to writing by both parties when the same employee and the representatives of Committee shall take up the Union to discuss Grievance with the Plant Superintendent. Step 3 If the grievance is not then satisfactorily solved, it shall be referred to the Plant Committee, Local Officer and he shall respond the Management. Step 4 If a satisfactory settlement is not then reached the issue may, at the request of either party, be referred to it in writing PPWC Local 9 Executive and Senior ▇▇▇▇▇▇▇▇▇ Management. a) If a grievance has not advanced to the next stage under Step 2, and 3, within seven fourteen (714) days after its presentation completion of the preceding stage, then the grievance shall be deemed to him. 5be abandoned, and all rights of recourse to the grievance procedure shall be at an end. If the Chief's answer does grievance has not satisfactorily dispose been resolved at Step 4 and not referred to arbitration within 30 days, the grievance shall be deemed to be abandoned and all rights of recourse to the grievance procedure shall be at an end. The time limits referred to in Steps 2, 3, and 4 may be extended by mutual consent of both parties. b) The Parties agree that the operation of Section 87 of the grievance, the employee and/or the Union shall submit the matter to the MayorLabour Relations Code is specifically excluded from this Agreement. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSection 13.1. The Center and the Union recognize the mutual benefits resolving disputes over the interpretation or application of this Agreement in a prompt and orderly fashion to maintain harmonious relations and optimum resident care. Toward that objective, grievance or difference arising the parties agree that all differences, disputes, and grievances that may arise between the employees, the Union, and the Employer during the term of this Agreement involving interpretation or application of this Agreement shall be adjusted taken up in accordance the manner set forth below. If any employee or group of employees feel that any rule, policy, instruction, or order of a supervisor is improper, that employee or group of employees shall comply with this procedurethe rule, policy, instruction or order. The employee may thereafter file a grievance under the grievance procedure shall provided in this Agreement. Section 13.2. Grievances must be informal filed and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating processed in any level of the following proceduremanner: STEP 1. The matter shall first be discussed between Between the aggrieved employee and/or his the ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it.the employee’s STEP 2. If, after seven days, no satisfactory resolution has been reached, If the employee and/or response of the Union shall reduce the grievance to writing and present it Department Head is not acceptable to the Chief of the Department.Union, the STEP 3. The Governing Body shall endeavor to answer the grievance in writing within Section 13.3. Grievances involving the discharge or suspension of any bargaining unit employee must be filed in writing at Step 2 with the Administrator. To be timely, such grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing filed within seven (7) calendar days after its presentation to himof the date the employee became aware of the discharge or suspension. 5Section 13.4. If All written grievances must contain the Chief's answer does not satisfactorily dispose following information: (a) the name of the grievant or grievants, (b) the act or occurrence complained of, (c) the date of said act or occurrence, (d) the specific contract provision or provisions alleged to have been violated, (e) the specific manner in which it is believed those provisions were violated, (f) the relief sought, and (g) any other information relevant to the prompt investigation and resolution of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, a. A grievance is defined as any dispute or difference arising during concerning the term application, interpretation or a claimed violation of this Agreement an express provision of the Agreement. Every attempt shall be adjusted in accordance with made by both parties to resolve grievances arising under this proceduresection speedily and informally. The filing of a grievance procedure shall not foreclose ongoing or other informal discussions or resolutions. b. Upon request, employees shall have the right to representation or accompaniment by a union representative during any meeting invoking discipline, or to any investigatory meeting which might result in the imposition of discipline to the employee. Employees may not necessarily be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement able to wait for or select a particular representative. c. Grievance meetings requiring the attendance of the parties. An aggrieved employee may have Local Representatives will be scheduled at a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort time convenient to resolve itall parties involved if reasonably possible. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven a. Within five (75) working days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise alleged incident or circumstance, the employee or union representative shall present the grievance in writing to the grievanceoffice of Director of Human Resources, which shall then be assigned a grievance number, which will then be forwarded to the office of the Department Head or their designee. The written grievance must include (1) a statement of the action being grieved; (2) reference to the relevant Article(s) of the Collective Bargaining Agreement alleged to have been violated; and (3) the remedy or relief sought. 4. The Chief shall promptly meet with b. A meeting between the employee grievant or grievants, the union representative and the representatives of Department Head be held within five (5) working days from the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, and a written decision issued by the employee and/or divisional manager within five (5) days from the conclusion of meeting. a. If a satisfactory settlement of the grievance is not reached in Step 1, the grievance may be appealed to the office of the Director of Human Resources. Said appeal should be made within five (5) working days from the date of the receipt by the grievant(s) of the Step 1 decision or the date upon which the decision is due. b. The Director of Human Resources or their designee shall convene a meeting with the grievant(s) and the union representative within five (5) working days from the date of the receipt of the grievance appeal, and shall render a decision/response to the grievant(s) and the Union within five (5) working days of the presentation of the grievance at the grievance meeting. Section 4. Should the Union be dissatisfied with the Hospital’s decision/response to the grievance at Step 2, the grievance may be submitted to arbitration by the Union within thirty (30) calendar days from the receipt of the written response from the Step 2 meeting or the date upon which the decision is due. An arbitrator will be appointed through the American Arbitration Association under its Voluntary Labor Arbitration Rules. a. Each party shall be responsible for the expenses of its witnesses or others selected or called by a party for arbitration. Expenses incurred in the payment of fees to an impartial arbitrator shall be divided equally between the parties to this Agreement. The parties shall share the cost of the transcript for the arbitrator. The Hospital shall make every reasonable effort to reschedule any employee called as a witness in any arbitration hearing in order that said witness shall have continuity of income. b. The decision of the arbitrator shall be final and binding on both parties. c. The arbitrator is limited by the terms of this Agreement, and shall have no power to add to, subtract from, modify, amend, or in any way change any of the terms of this Agreement. The arbitrator shall not have jurisdiction to hear more than one (1) grievance, and shall not have jurisdiction with respect to probationary employees. d. The parties agree that serious forms of employee misconduct such as insubordination, theft, falsification of records, or other forms of serious misconduct are traditionally causes of discipline, including termination, which is rendered without need for prior discipline. The parties agree that employees who engage in serious misconduct are an unfair burden on the Hospital, its patients and the employee’s peers. e. If the discharge of an employee results from conduct relating to a patient and the patient does not appear at the arbitration, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Further, the patient’s initial statements (written or as reported) to the Hospital are agreed to be admissible in the hearing. a. Any written decision, or written answer to a grievance made at any step which is not appealed to the succeeding step of the grievance procedure within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by the parties to this Agreement, shall be considered a final settlement, and such settlement shall be binding upon the grievant(s) and the parties to this Agreement. b. Failure of any party to abide by the time limits set forth in the grievance procedure shall give the grieving party the right to submit the matter grievance directly to the Mayornext step of the procedure. 6. The Mayor c. A grievance, which affects a substantial number class or his designee shall meet with employees, or in the aggrieved employee and the representatives case of suspension or terminations may initially be presented at Step 2 of the Union grievance procedure. Section 7. All time limits herein specified shall be deemed to consider the grievance be exclusive of Saturdays, Sundays and shall respond to it in writing within twenty-oneholidays.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute6.01 It is the mutual desire of the Corporation and the Union that complaints of the employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he has given to his/her immediate superior an opportunity of adjusting his/her complaint. In discussing such complaint the employee shall be accompanied by an authorized representative of the Union. 6.02 Should any misunderstanding or controversy arise between the Corporation and the Union as to the compliance of either party with any of its obligations herein, or should there be any grievance or difference arising during involving the term terms of this Agreement by any employee, or group of employees, or the Union, the same shall be adjusted handled in the following manner provided, however, that no grievance shall be considered the alleged circumstances of which originated or occurred more than ten (10) working days prior to the presentation as a written grievance in accordance with this procedurethe procedure set out herein. The grievance procedure Any employee's complaint which is not settled by his/her immediate superior shall be informal reduced in writing, in triplicate on the prescribed forms, signed by such employee and confidential at all timessubmitted to his/her Department Head who shall call a meeting with the grievor and the Union Representative to deal with the grievance and render his/her decision thereon in writing not later than the second working day next following the day on which the Department Head receives the grievance. Time limitations may At any necessary discussions representing any grievance the employee shall be waived and/or extended accompanied by mutual agreement an authorized representative of the partiesUnion. An aggrieved employee may have a Union representative present at and participating in any level of Should the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief decision of the Department Head not be satisfactory to the employee concerned, an appeal therefrom may be lodged in writing and signed by the earlier employee with the C.A.O. within two (2) working days of seven receipt of the Department Head's decision. The C.A.O. shall deal with the grievance at a meeting and render his/her decision not later than the third (73rd) working day next following said meeting. At such meeting the grieving employee shall be accompanied by an authorized representative of the Union who may make a presentation to the C.A.O. Should the decision of the C.A.O. not be satisfactory to the employee concerned, an appeal therefrom may be lodged in writing and signed by the employee to the Town Council within two (2) working days of receipt of the C.A.O.’s decision. The Town Council shall deal with the matter at a scheduled meeting as a Committee of the Whole and render its decision not later than the third (3rd) working day next following said meeting. At such meeting the grieving employee shall be accompanied by an authorized representative of the Union who may make a presentation to Council. After exhausting the grievance procedure herein provided, when either party request that a grievance be submitted to arbitration they shall make such request in writing within five (5) working days after the first step discussion grievance has been dealt with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise in Step No. 3, addressed to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise other party to the grievance. 4this Agreement. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-oneWithin five

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute9.01 At the time formal discipline is imposed, or at any stage of the grievance procedure, an employee shall have the right, upon request, to the presence of her employee representative. In the case of suspension or difference arising during discharge, the term Hospital shall notify the employee of this Agreement right in advance. 9.02 A complaint shall not be considered as a grievance unless the aggrieved employee has first given an opportunity for her Supervisor to adjust the complaint. Such complaint shall not be considered after five (5) working days of the origin of the complaint or from the date upon which the subject matter of the complaint may reasonably be deemed to have come to the attention of the employee so affected. Failing satisfactory resolve within five (5) working days after the complaint is made, the matter may then be processed as a grievance. 9.03 A grievance may arise only from a dispute concerning the interpretation, application, administration or alleged violation of the Agreement. The grievance shall be adjusted signed by the employee and shall set out the nature of the grievance, the section or sections of the Collective Agreement allegedly violated, and the remedy sought. The following shall be, unless otherwise specified, the prescribed manner for handling a grievance: The employee with the assistance of a Union representative, if desired, may submit a written grievance signed by her to her Manager. Within five (5) days of receiving the grievance, the manager will meet with the grievor, and, if desired, her Union representative to endeavour to reach a satisfactory resolution to the grievance. Within five (5) days of the grievance meeting, the manager will provide a written decision. Failing settlement, then Step #2: Within five (5) days following the decision at Step #1, the employee, with the assistance of the grievance committee may submit the written grievance to the Director of Human Resources or designate. The Director of Human Resources or designate will, within ten (10) days from the date on which the written grievance was presented to him, convene a Step #2 meeting at a time and place suitable to both parties, so that he and the grievor's Division Head may hear the grievance. Within ten (10) days of the grievance meeting, the Director of Human Resources or designate will provide the Hospital's decision in writing. It is understood that both parties have the right to have the assistance of such counsel or representatives as they deem necessary at the Step #2 meeting. 9.04 A claim by an employee, who has completed her probationary period and who claims that she has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is officially lodged with the Hospital by the employee within three (3) working days after such employee has been so notified by the Hospital. Such special grievance shall commence at Step 2 of the Grievance Procedure, and may be settled by confirming the Hospital's action in discharging the employee, or by any other arrangement which is just and equitable in the opinion of the conferring parties or, if necessary, a Board of Arbitration. When an employee is discharged on hospital premises without notice, she shall have the right to request that her employee representative be notified of the discharge before leaving the premises. 9.05 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement, shall be originated under Step No. 2. Failing settlement under Step No. 2 within fifteen (15) days it may be submitted to arbitration in accordance with Article 9.10. However, it is expressly understood that the provisions of this procedureparagraph may not be used by the Union to institute a complaint or grievance directly affecting an employee which such employee could herself institute and the regular Grievance Procedure shall not be thereby bypassed. The Any grievance procedure by the Hospital or the Union as provided in this paragraph shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven commenced within ten (710) days after the first step discussion with circumstances giving rise to the aggrieved employee's immediate superior complaint occurred or thirty from the date upon which the subject matter of the complaint may reasonably be deemed to have come to the attention of the Hospital or the Union. 9.06 Where two or more employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in writing identifying each employee who is grieving within (3010) days after the occurrence of the facts circumstances giving rise to the grievance have occurred or ought reasonably to have come to the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known attention of the occurrence employees so affected. The grievance shall be originated at Step No. 1. 9.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation or alleged violation of this Agreement, such grievance may be submitted to arbitration as set forth in Article 9.10. If no written request for arbitration is received within fifteen (15) days after the decision under Step No. 2 is given, it shall be deemed to have been settled and not eligible for arbitration. 9.08 All agreements reached under the Grievance Procedure between the representatives of the facts giving rise to Hospital and the grievance. 4. The Chief shall promptly meet with the employee and grievor or the representatives of the Union will be final and binding upon the hospital and the Union and the employees. 9.09 No matter may be submitted to discuss arbitration which has not been carried through all the requisite steps of the Grievance Procedure. Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party shall be entitled to submit the grievance to the next step of the Grievance Procedure. 9.10 If the Hospital or the Union requests that a grievance as above provided be submitted to Arbitration, it shall make such requests in writing addressed to the other party of this Agreement and at the same time appoint its nominee to the Board of Arbitration. Within ten (10) days thereafter, the other party shall appoint its nominee to the Board of Arbitration and notify the other party. The two nominees so appointed shall, within ten (10) days of the appointment of the latter of them, attempt to settle by agreement the third person to be a member and Chairman of the Arbitration Board. If they are unable to agree on such a Chairman within the ten (10) day period, either Party may then request the Labour Relations Board for the Province of Ontario to appoint a Chairman. In the event of default by either party to appoint its representative to the Arbitration Board, the other party may apply to the Minister of Labour for the Province of Ontario who shall have the power to effect such appointment. 9.11 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 9.12 The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of the Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. 9.13 Each of the parties hereto will bear the fee and expense of the nominee appointed by it and the parties will jointly bear the fee and expenses, if any, of the Chairman of the Arbitration Board. 9.14 The time limits fixed in both the grievance and he shall respond arbitration procedures may be extended by written consent of the parties to it in writing within seven (7) days after its presentation to himthis Agreement. 5. If 9.15 Saturdays, Sundays and paid holidays as set out in Article 23.01 will not be counted in computing the Chief's answer does not satisfactorily dispose time within which any action is to be taken or completed under the provisions of the grievance, the employee and/or this Article. 9.16 The Hospital and the Union may, by written agreement, substitute a single arbitrator for a specific grievance or grievances, and the single arbitrator shall submit possess the matter same powers and be subject to the Mayorsame limitations as a Board of Arbitration. 69.17 Any letter of suspension, documents leading to such suspension and subsequent documents of a disciplinary nature shall be maintained on an employee's record until such employee has established a discipline-free period of eighteen (18) months after which all such documents shall be removed from her record. The Mayor Where no suspension is a matter of record, any letters of discipline or his designee other sanction shall meet with the aggrieved employee and the representatives be removed from her record after a discipline-free period of the Union to consider the grievance and shall respond to it in writing within twenty-onetwelve (12) months.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 6.01 A grievance shall not be considered if the circumstances giving rise to it occurred or originated more than five (5) working days prior to the filing of the grievance. 6.02 Any dispute, grievance or difference arising during matters raised by an employee of the term Union covered by the terms of this Agreement regarding the administrative interpretation, alleged violations, or applications of the Agreement, may be submitted as a grievance. An ▇▇▇▇▇▇▇ effort will be made to settle any grievance that may arise in the following manner: Step 1 The employee shall discuss it with their supervisor or designate and will be accompanied by their committee person if requested. The parties shall discuss the complaint with a view to resolving it. The supervisor or designate shall give an oral reply as soon as possible, but in all cases within three (3) working days from the original presentation of the grievance. Step 2 Complaints not resolved at Step 1 will be submitted in writing as a grievance to the Facility Manager, or their designated representative, by the committee person within three (3) working days from the date the Step 1 decision was rendered. The Facility Manager, or the designated representative, shall investigate the grievance, meeting with the griever, supervisor, committeeperson and witnesses and submit written answers to the grievances within five (5) working days from the meeting. Step 3 Grievances not resolved at Step 2 will be submitted to the Director of Human Resources, or a designated representative, by the committee person within five (5) working days from the date on which the Step 2 decision was rendered. A Step 3 meeting will be held with the Director of Human Resources, Facility Manager, Union Chairperson, committee person and the aggrieved employee within seven (7) working days The Director of Human Resources, or their designated representative, shall submit written answers to the grievances within seven (7) working days after the Step 3 meeting is held. 6.03 Committee Persons will be afforded reasonable time off from their work, to assist in the settlement of issues and grievances and in the administration of this Agreement as may be required; provided that arrangements for such time off shall first be made with the Facility Management to avoid interference with the facility operations. When meetings between these representatives, the griever and the Facility Management are such that they can only be held at the facility and during the regular work hours of such representatives and the griever there shall be adjusted no loss of earnings to any employee participating in accordance such meetings. 6.04 A Union Policy or Group Grievance, which is defined as an alleged violation of this Agreement concerning the Union as a whole or all or a substantial number of employees in the bargaining unit, in regard to which an individual employee could not grieve, may be lodged by an authorized representative of the Union, in writing, with the Company at Step 3 of the Grievance Procedure at any time within five (5) working days after the circumstances giving rise to such grievance occurred or originated. If not satisfactorily settled, it may be processed to arbitration in the same manner and to the same extent as the grievance of an employee. 6.05 If a claim by the Company that the Union or any of its authorized representatives have violated this procedureAgreement may be filed as a grievance by the Company with the Union’s Chairperson at any time within five (5) working days of the circumstances giving rise to the grievance. The Union shall meet with the Company within five (5) working days thereafter to consider the grievance. If final settlement of the grievance procedure shall be informal and confidential at all times. Time limitations is not reached, it may be waived and/or processed to arbitration in the same manner and to the same extent as a union policy grievance. 6.06 Both parties to this Agreement agree that any dispute or grievance concerning the interpretation, application, administration or alleged violation of this Agreement, including the question of whether any matter is arbitral, that has been properly carried through all the steps of the grievance procedure, and that has not been settled may, within ten (10) working days after receipt of the Step 3 written answers covering the grievance, be referred to an Arbitrator at the request of the moving party hereto. 6.07 Each of the parties to this Agreement will bear their own expenses and will jointly bear the expense of the Arbitrator. 6.08 The moving party may apply for the appointment of an Arbitrator, under the expedited arbitration provision of the Ontario Labour Relations Act. 6.09 The time limits set forth in this Article may be extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating , confirmed in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itwriting. 2. If, after seven days, no satisfactory resolution has been reached, 6.10 The union may request that the employee and/or local union President and or National Representative may attend the Union shall reduce the grievance to writing and present it to the Chief Step 3 meeting by request of the Departmenteither party. 3. 6.11 The grievance must be reduced to writing term working day will exclude Saturday, Sunday, Holiday and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievanceVacation days. 4. 6.12 The Chief shall promptly meet with Company will provide at the employee 3rd Step meeting pertinent disciplinary notices, payroll and the representatives of the Union to discuss the grievance attendance records and he shall respond to it in writing within seven (7) days after its presentation to himor other relevant information. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, 11.01 The Union and the Company will make reasonable efforts to settle disputes and employee complaints as quickly as possible. A reasonable amount of time may be spent by the members of the Union Committee in order to investigate and participate in grievance or difference arising during the term of this Agreement shall be adjusted in accordance with this procedurematters. The Company will not prevent the Union Committee from properly fulfilling its obligations to investigate and settle grievances. 11.02 A grievance procedure shall will be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement defined as any complaint concerning the interpretation, application, administration or alleged violation of the parties. An aggrieved employee may have a Union representative present at Collective Agreement or employment legislation and participating will be processed as set out in any level of the following procedure:this article. 1. The matter shall first be discussed between the aggrieved employee and/or his 11.03 Pre-Step (▇▇▇▇▇▇): An employee having a complaint will first take the matter up with his or her supervisor within five (5) working days of the event giving cause to the complaint. The employee, his or her Union representative and his immediate superior the supervisor will meet in an effort order to resolve it. 2attempt to settle the complaint before filing a grievance. If, after seven days, no satisfactory resolution has been If a settlement cannot be reached, the employee and/or employee, through the Union shall reduce Union, may proceed with filing a grievance at Step 1 of the grievance to writing and present it to procedure. Such settlement reached at this step will not be binding on either the Chief of Company or the DepartmentUnion. 311.04 STEP 1: Should the parties fail to reach a settlement pursuant to 11.03, the grievance will be in writing, on forms provided by the Union. The grievance must will be reduced to writing and presented to the Chief Production Manager or his designate within five (5) working days following the answer given at the Pre Step stage. The grievance should state the nature of the Department grievance and the remedy sought. The grievance should be signed by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the and/or a Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4Representative. The Chief shall promptly Production Manager or his designate will meet with the employee and the representatives Union Representative within three (3) working days following receipt of the Union written grievance. The grievor may be in attendance at this meeting. The Production Manager or his designate will give a written reply to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit within five (5) working days following the matter to the MayorStep 1 meeting. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute8.01 It is the expressed desire of the parties hereto that any complaint of an employee, grievance the Union or difference arising during the term of this Agreement Company shall be adjusted in accordance with this procedureas quickly as possible. The grievance procedure shall be informal and confidential at all times. Time limitations If an employee has a formal complaint, the following steps of the Grievance Procedure may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedureinvolved: 1. STEP 1- The matter shall first be discussed between the aggrieved employee and/or accompanied by his ▇▇▇▇▇▇▇ and his shall present the complaint orally within eight (8) working days of the occurrence to the employee’s immediate superior in an effort supervisor who shall reply to resolve it. the complaint orally within two (2) working days. If, after seven days, no satisfactory resolution has been reachedIf the matter is not then settled, the employee and/or through his ▇▇▇▇▇▇▇ shall present the Union grievance in writing to the employee’s immediate supervisor within a further two (2) working days and the supervisor shall reduce give his decision in writing within two (2) working days of receipt of the grievance. STEP 2- If the matter is not then settled, the Grievance Committee through its Chairperson may present the written grievance within five (5) working days after receipt of the ▇▇▇▇▇▇▇’▇ written reply to the appropriate manager of the department concerned who shall meet with the Grievance Committee within two (2) working days of receipt of the grievance and shall give a written reply to the grievance within three (3) working days of the meeting. STEP 3- If the grievance is not then settled, it shall the be referred within five (5) working days after receipt of the appropriate manager’s reply to the Industrial Relations Manager or his designate. The Industrial Relations Manager or his designate, shall meet with the Grievance Committee within three (3) working days of receipt by him of the grievance to writing discuss the grievance, and present it to the Chief Union Staff Representative if his presence is required by either party. The Industrial Relations Manager or his designate shall answer the grievance within three (3) working days of the Department. 3. The grievance must be reduced to writing and presented to the Chief Meeting of the Department by Grievance Committee. If the earlier matter is not settled, then at the request of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or either party it may be referred to arbitration within thirty (30) calendar days of the Industrial Relations Manager or his designate’s reply to the grievance. Any notice to submit the matter to arbitration must state the allegation of the party requesting arbitration and the remedy or remedies sought. If the time allowance, or any extension thereof, is not observed by the Party who it has alleged has violated the Agreement, the grievance will be considered as advanced to the next step of this procedure including Arbitration. 8.02 Any time limit specified above may be altered by mutual agreement of the parties. (a) When either party to this Agreement requests that a grievance be submitted for Arbitration, they shall make such a request in writing addressed to the other Party to this Agreement. The Arbitration procedure incorporated in this Agreement shall be based on the use of a single Arbitrator. The grieving Party shall submit a list of three (3) arbitrators for consideration. If none of the three (3) are chosen then the other Party shall, within one (1) week of the date of the first list, submit a list of three (3) different names for consideration. If none are selected either Party may ask the Minister of Labour for the Province of Ontario to make an appointment. (b) If either Party feels that the time taken for a chosen Arbitrator to hear a case is too long they may choose another Arbitrator agreeable to both parties or ask the Minister to make an appointment, 8.04 The decision of the Arbitrator shall be final and binding upon both parties and upon any employee affected by it. 8.05 The parties shall jointly and equally bear the expenses, if any, of the Arbitrator. 8.06 No matter shall be submitted to or dealt with by the arbitration procedure which has not been previously and properly carried through all steps of the grievance procedure. 8.07 The Arbitrator shall not make any decision inconsistent with the terms of this Agreement nor shall it alter, modify or amend any part of this Agreement and it shall deal solely with the issue or issues referred to it in the notice requesting arbitration. 8.08 It is understood that in the event of there being a policy grievance, same may be submitted by the Union in written form to the Industrial Relation Manager or his designate within ten (10) working days after the occurrence of the facts giving rise to matter which is the subject matter of the grievance. Within three (3) working days of receipt of the grievance the Industrial Relations Manager or his designate shall arrange a date to meet with the date as of which the aggrieved employee or Grievance Committee and the Union had actual knowledge of Staff Representative if his presence is requested by either party. The Industrial Relations Manager or reasonably should have known his designate shall answer the grievance within five (5) working days of the occurrence Meeting with the Grievance Committee. If the matter is not settled, then at the request of either party it may be referred to arbitration within thirty (30) calendar days of the facts giving rise Industrial Relations Manager or his designates reply to the grievance. 4. The Chief shall promptly meet with 8.09 It is understood that in the employee and event of there being a group grievance, same may be submitted by the representatives Union in written form to the appropriate manager of the Union to discuss the grievance and he shall respond to it in writing department concerned within seven ten (710) working days after its presentation to him. 5the occurrence of the matter which is the subject of the grievance. If the Chief's answer does not satisfactorily dispose Within three (3) working days of receipt of the grievance, the employee and/or appropriate Manager of the Union department shall submit the matter arrange a date to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee Grievance Committee and shall give a written reply to the grievance within five (5) working days of the meeting. If the grievance is not settled it shall then be referred within five (5) working days after receipt of the appropriate Manager’s reply to the Industrial Relations Manager or his designate. Within three (3) working days of receipt of the grievance the Industrial Relations Manager or his designate shall arrange a date to meet with the Grievance Committee and the representatives Union Staff Representative if his presence is requested by either party. The Industrial Relations Manager or his designate shall answer the grievance within five (5) working days of the Union meeting with the Grievance Committee. If the matter is not settled, then at the request of either party it may be referred to consider arbitration within thirty (30) calendar days of the Industrial Relations Manager or his designates reply to the grievance. 8.10 It is further agreed that the Company shall have the right to present any grievance and with respect to any violation of this Agreement. Such a grievance shall respond to it be presented by the Company in writing to the Union Committee within twenty-oneten

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute8.01 In this agreement "Grievance" shall mean a complaint or claim concerning improper discipline or discharge, grievance or difference arising during a dispute with reference to the term interpretation, application, administration, or alleged violation of this Agreement shall be adjusted in accordance with this procedure. The Agreement. 8.02 Any grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended presented to the Company within ten (10) days from the time the circumstances upon which the grievance is based were known or should have been known by mutual the Grievor. (a) The time limits specified in this agreement are exclusive of weekends and holidays. (b) Where a decision with respect to a grievance is not rendered by the Company within the prescribed time limits, it shall proceed to the next step of the parties. An aggrieved procedure up to and including arbitration. (a) No employee may shall have a Union representative present at and participating in any level of grievance until he/she has discussed his/her complaint with the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or Assistant Location Manager, with his ▇▇▇▇▇▇▇ in attendance should the employee so desire. (b) The Company will meet with the Grievor and his immediate superior in an effort the Union ▇▇▇▇▇▇▇ as soon as possible to try to resolve itthe complaint. If the Company does not respond within five (5) days to the employee's satisfaction, the employee's proper grievance shall be processed as follows: Step 1 The employee concerned and the Union ▇▇▇▇▇▇▇ shall within ten (10) working days after the date of receiving the Company's answer, present the grievance in writing to the Location Manager, who shall give his/her reply within five (5) working days in writing. If the employee feels that the grievance has not been satisfactorily settled, he/she may proceed to Step 2. 2. IfStep 2 At this step the written grievance shall be presented to the Area General Manager or his designate, within ten (10) working days after seven days, no satisfactory resolution a decision has been reachedreached at Step 1. A meeting will be held between the grievance committee together with the Grievor involved and the Area General Manager, the employee and/or together with other representatives of management. A staff representative of the Union will also be present at this meeting. The Area General Manager or his designate shall reduce the grievance to writing and present it give his written reply to the Chief ▇▇▇▇▇▇▇ (a copy also to be faxed to the Union office) within five (5) days of such meeting. If the Area General Manager's reply is not satisfactory to the Grievor, then the grievance may be referred to arbitration as outlined in Step 3 below. In the event the grievance is not settled at Step 2, the party having carriage of the Department. 3. The grievance must be reduced to shall request arbitration of the grievance by giving notice in writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or other party within thirty (30) days after from the occurrence delivery of the facts giving rise decision at Step 2 to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4Chief ▇▇▇▇▇▇▇ but thereafter. The Chief arbitration procedure incorporated in this agreement shall promptly meet with be based on the employee and use of a single Arbitrator, which shall be mutually agreed upon by the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5parties. If the Chief's answer does not satisfactorily dispose parties fail to agree on an Arbitrator, the appointment shall be referred by either party to the Department of Labour Canada to name the sole Arbitrator. The decision of the grievanceArbitrator shall be binding on both parties. The expense of the Arbitrator, if any shall be borne in equal shares by the employee and/or Company and the Union and shares shall submit the matter be paid direct to the Mayor. 6Arbitrator by each. The Mayor or his designee Arbitrator shall meet not be authorized to make any decision inconsistent with the aggrieved employee and the representatives provisions of the Union this agreement not to consider the grievance and shall respond to it in writing within twenty-onealter, modify, or amend any part of this Agreement.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute9.01 For purposes of this Agreement, a grievance or is defined as a difference arising during between the term parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For the purpose of this Agreement Article, reference to "days" relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays, and paid holidays, plant shutdowns and vacations. 9.02 It is the mutual desire of the parties that complaints of employees shall be adjusted in accordance as quickly as possible. Both parties therefore recognise that supervisory employees should be informed as quickly as possible by the employee, Union ▇▇▇▇▇▇▇, or both, of any complaint. Under ordinary circumstances, a grievance does not exist until the Supervisor has had up to two (2) working days to investigate and deal with this procedurethe circumstances giving rise to the complaint. The It is understood that an employee has no grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended until he, accompanied by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and ▇, has first given his immediate superior in an supervisor the opportunity of resolving his complaint. It shall be mandatory that the supervisor and the Union ▇▇▇▇▇▇▇ concerned fully discuss the complaint and make a positive effort to resolve it. 2. If, after seven days, In the event no satisfactory resolution has been settlement is reached, the Union Chairperson will be informed by the Chief ▇▇▇▇▇▇▇ or his or her designate, and the Plant Manager will be informed by the Supervisor. Within five (5) working days, a meeting will be held between the Union Chairperson, Union ▇▇▇▇▇▇▇, Plant Manager, Supervisor and employee and/or presenting his or her complaint. It is understood and agreed that an International Representative or Local Union President may be present at such meeting at the request of either party, and that the Company may also have such counsel and assistance as it may desire. understanding of the matter. The Plant Manager (or designate) shall reply in writing within three (3) working days of receipt of the grievance. It is understood and agreed that a staff representative of the Union may be present at such meeting at the request of either party and that the Company may also have such counsel and assistance as it may require. 9.03 It is agreed that a grievance arising directly between the Company and the Union shall reduce be originated under Step #2 and the time limits set out with respect to that Step shall appropriately apply. It is understood, however, that the provisions of this Section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby by-passed. 9.04 Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance and such written grievance shall be originated under Step #2 and the time limits set out with respect to that Step shall appropriately apply. 9.05 A claim by an employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Company, at Step #2 of the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven procedure within five (75) days after the first step discussion date the discharge is effected. An employee discharged without prior notice will be entitled to see his Union ▇▇▇▇▇▇▇ prior to leaving the Plant if circumstances warrant. It is understood, however, that failure to comply with this Section shall not void the aggrieved termination. Such special grievance may be settled under the grievance or arbitration procedure by: a) confirming the Company's action in dismissing the employee's immediate superior , or b) reinstating the employee with or thirty without compensation for time lost less any unemployment insurance received by the employee which he is not obligated to repay and any additional compensation received from any source during the period from the date of his discharge to his reinstatement, or c) by any other arrangement which may be deemed just and reasonable by the parties or the Arbitrator. 9.06 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to a single arbitrator as hereinafter provided. If no written request for arbitration is received within twenty (3020) days after the occurrence decision under Step #2 is given, the grievance shall be deemed to have been abandoned. Should the Company and Union fail to agree upon a single arbitrator within (14) fourteen days, the Minister of Labour shall appoint the arbitrator. 9.07 Where no written answer has been given within the time limit specified, the grievance shall be submitted to the next step of the facts giving rise foregoing procedure, including arbitration. Failure to the grievance or the date as do so shall be deemed to be an abandonment of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. 9.08 No adjustment effected under the grievance or arbitration procedure shall be made retroactive prior to the date that the grievance was formally discussed or presented to the Company or, if applicable, the date of the alleged violation, providing it does not exceed the time limits set out in Section 9.02 above. 9.09 It is understood that a probationary employee may be discharged for just cause and such discharge shall not be subject to the grievance procedure. 9.10 The Chief arbitrator shall promptly meet hear and determine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. 9.11 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 9.12 The Arbitrator shall not be authorized to make any decision inconsistent with the employee and the representatives provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 9.13 Each of the Union to discuss parties hereto will share equally the expenses, if any, of the arbitrator. 9.14 The parties acknowledge that the time limits set out in both the grievance and he shall respond arbitration procedures must be strictly complied with except by written agreement to it in writing within seven (7) days after its presentation to him. 5extend them. If the Chief's answer does not satisfactorily dispose of union fails to comply with the grievancetime limits set out above the grievance will be deemed to be abandoned. If the company fails to comply with the time limits set out above, the employee and/or the Union shall submit the matter to the Mayorgrievance will succeed. 6. 9.15 The Mayor Union agrees to discourage the raising of frivolous or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-oneunjustified complaints.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute9.01 For the purposes of this Agreement, a grievance or is defined as a difference arising during between the term of this Agreement shall be adjusted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement parties relating to the interpretation, application, administration or alleged violation of the parties. An aggrieved employee may have Agreement, including any question as to whether a Union representative present matter is arb itrab le. 9.02 At the time formal discipline is imposed, or at and participating in any level stage of the following procedure: 1. The matter complaint stage, an employee shall first be discussed between have the aggrieved employee and/or right upon request to the presence of her/his ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. 9.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quick ly as possible, and it is understood that an employee has no grievance until she/he has first given her/his immediate superior in an effort to resolve it. 2supervisor the opportunity of adjusting her/his complaint. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union Such complaint shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven discussed with her/his immediate supervisor within nine (79 ) calendar days after the first step discussion circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee, and failing settlement within nine (9 ) calendar days following advice of her/his immediate supervisor' s decision in the following manner and sequence: 9.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself/herself institute and the aggrieved employee's immediate superior regular grievance procedure shall not be thereby bypassed. 9.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in writing identifying each employee who is grieving to the Department Head or thirty her/his designee within fourteen (3014) calendar days after the occurrence of the facts circumstances giving rise to the grievance have occurred or ought reasonably to have come to the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known attention of the occurrence employee(s). The 9.06 Th e relea se or discharge of the facts giving rise to the grievance.an employee during th e probationa ry period sha ll not be th e subject of a grieva nce or arbitra tion. A cla im by an employee wh o has completed h er/h is proba tiona ry period that sh e/h e has been unjustly discha rged or suspended sha ll be 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it (a) confirming th e Hospita l' s a ction in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievancedismissing th e employee, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-oneor,

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during 10.01 It is the term mutual desire of this Agreement the parties hereto that complaints of employees shall be adjusted in accordance with this procedure. The grievance procedure as quickly as possible, and any dispute or complaint between the employee and the employer shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved dealt with hereunder. 10.02 It is agreed that any employee may does not have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his grievance until he/she or his/her ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve ithas discussed the complaint with his/her supervisor. 2. If, after seven days, no satisfactory resolution has been reached, 10.03 If such complaint is not settled to the satisfaction of the employee and/or the Union concerned it shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and signed by the griever or when not available the Union on their behalf, such complaint shall be considered to be a grievance and subject to the following steps of the grievance procedure once presented to the Chief employee’s supervisor: Step 1 The grievance may be discussed by the ▇▇▇▇▇▇▇ and/or Union representative with the Production Manger of the Department division in which the grievance occurred. A decision will be rendered in writing by the earlier Production Manager within a period of seven 5 days. Step 2 If no satisfactory solution is reached at step 1 of this procedure, the grievance may be discussed by the Grievance Committee of the Union and representatives of the Employer designated for this purpose within a period of not more that five (75) working days following a decision at step 1 of this procedure. A decision will be furnished in writing by the Human Resources Manager to the President /Unit Chairperson of the Union not later than five (5) working days following the commencement of the discussion in step 2. Step 3 If no satisfactory solution is reached at Step 2 of this procedure the grievance may be discussed by the Grievance Committee of the union and a representative of the International Union and representatives of the employer designated for this purpose within a period of not more than five (5) working days after the first receipt by the union of the decision in Step 2. The Company undertakes to reply, in writing to the local union within five (5) working days following a step 3 grievance meeting as outlined in the Collective Labour Agreement. The date of receipt of such letter will constitute the completion of discussions at the Step 3 meeting. Step 4 If a grievance has not been settled at Step 3 and if the grievance is one, which concerns the application, administration, interpretation of alleged violation of the Agreement, it may be referred to an arbitrator by either party. Notice in writing of such reference to an arbitrator must be given to the other party within thirty- five (35) working days of the completion of discussion in Step 3. Failing such notice the grievance will be deemed to have been abandoned unless the parties have agreed to the contrary. 10.04 The aggrieved employees shall be at liberty, and may be required by either party, to appear in person at any step of the procedure set forth above. 10.05 Whichever party requests arbitration as referred to in Step 4, shall specify a list of names of persons it is willing to accept as the single arbitrator. If the party receiving notice accepts one of the persons suggested it shall within 7 days notify the other party accordingly and the grievance shall be submitted to the arbitrator. If the party does not accept any of the names suggested it shall within 7 days notify the other party accordingly and send a list of names of persons it is willing to accept as the single arbitrator. If the parties are unable to agree on a person to act as the single arbitrator, either party may request the Director of the Ministry of Labour in writing appoint a single arbitrator. 10.06 The arbitrator shall meet promptly to hear and consider the grievance with all reasonable dispatch. The decision of the arbitrator made in accordance with the aggrieved employee's immediate superior provisions of this Agreement, shall be final and binding on the employer, the union, and the employee or thirty (30) days after the occurrence employees concerned. 10.07 Each of the facts giving rise parties will jointly bear the expense of the arbitrator. 10.08 The arbitrator shall not have any power to alter or change any of the provisions of this Collective Labour Agreement, or to substitute any new provision for any existing provision, or to give any decision inconsistent with the term s and provisions of this Collective Agreement. 10.09 Any or all of the time limits set forth above may be extended by mutual agreement and any such agreement will be put in writing. 10.10 Any dispute between the employer and the union as to the interpretation of this Collective Agreement and any allegation by either party that the other has violated any term of this Collective Agreement shall be deemed to be a grievance or when notice in writing thereof has been delivered by the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise party considering itself aggrieved, to the grievance. 4other party. The Chief Such grievance shall promptly meet with the employee and the representatives be presented at Step 2 of the Union to discuss the grievance and he shall respond to it arbitration procedures as set forth in writing within seven (7) days after its presentation to himthis Article. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Labour Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSection 1: In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, grievance it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or difference arising during the term interpretation of this Agreement Agreement. Section 2: Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, his/her grievance shall be adjusted in accordance with this procedureconsidered conclusively abandoned and the abandonment shall not be the subject of arbitration. The Any grievance procedure not answered by management within the prescribed time limits shall automatically advance to the next higher step. Section 3: Grievances shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating presented in any level of the following proceduresteps: 1. The matter employee shall first be discussed take up his/her grievance with his immediate supervisor, who is not a member of the Bargaining Unit, within ten (10) business days of the occurrence of the event(s) which gave rise to the grievance. This first step (between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it.immediate 2. IfAny grievance, after seven dayswhich cannot be satisfactorily settled with the immediate supervisor, no satisfactory resolution has been reachedshall be reduced to writing by the employee and deliver to the employee’s Department Director by any means that provides some evidence of its delivery, such as e-mail or facsimile transmission, and if delivery is by hand, it shall be signed by the Department Director solely to establish date of receipt.. Such grievance shall be presented to the Department Director within three business days from the immediate supervisor’s decision being made under step 1 of this section, but in any event, the employee and/or grievance shall be delivered to the Union shall reduce Department Director no later than 21 days of the occurrence of the event(s) which gave rise to the grievance. The Department Director shall, within ten (10) business days after presentation of the grievance to (or such longer period of time as is mutually agreed upon in writing and present signed by both the employee (or employee union representative) and the Department Director), render his decision on the grievance in writing and deliver it to the Chief employee, or the employee union representative, by any means that provides some evidence of the Departmentits delivery, such as e-mail or facsimile transmission. 3. In the event the employee is not satisfied with the disposition of the grievance in Step (2), he shall have the right to appeal the Department Director’s decision to the City Manager, or his designee, within ten (10) business days of the issuance of the Department Director's decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee and deliver to the City Manager by any means that provides some evidence of its delivery, such as e-mail or facsimile transmission receipt, and if delivery is by hand, it shall be signed by the Department Director solely to establish date of receipt. The employee may also opt to have the employee’s union representative to request that the Department Director's decision be reversed or modified. The City Manager, or his designee, shall within ten (10) business days of the appeal (or some longer period as is mutually agreed upon in writing and signed by both the employee (or employee union representative) and the Department Director)) render his decision in writing, and deliver a copy to the employee and to the employee’s union organization or representative, both of which shall be deliver by any means that provides some evidence of its delivery, such as e-mail or facsimile transmission and if delivery is by hand, it shall be signed by the recipient solely to establish date of receipt. 4. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the employee’s(s) union organization and the City, such grievance shall be presented in writing directly to the Department Head within ten (10) business days of the occurrence of the event (s) which gave rise to the grievance. The grievance shall specify the names of the employees desiring to grieve. The class action grievance must be reduced signed by the aggrieved employees or the President or representative of the employee union organization. Thereafter, the grievance shall be processed in accordance with the procedures set forth in Step (2) and Step (3), including the requirements for delivery of grievances/appeals and employer decisions 5. In the event a grievance processed through the grievance procedure has not been resolved at Step (3), either party may request that the grievance be submitted to writing arbitration within 6. The arbitrator will confine his consideration and presented determination to the Chief written statement of the Department grievance presented in Step (2) of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement, or any part thereof or amendment thereto nor to interpret any provision that is clear or unambiguous. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the earlier arbitrator to supersede applicable laws in existence at the time of seven signing of this Agreement, except to the extent as specifically provided herein. 7. Consistent with the provision of the Florida Public Employees Relations Act, Chapter 447, et seg., it is mutually acknowledged and agreed that this collective bargaining agreement shall be administered within the amounts appropriated by the City Commission for funding of the collective bargaining agreement. Accordingly, and not withstanding any other provisions of this collective bargaining agreement, the arbitrator shall have no authority, power, or jurisdiction to construe any provisions of law, statute, ordinance, resolution, rule or regulation, or provision of this collective bargaining agreement to result in, obligate, or cause the City to have to bear any expense, debt, cost or liability except for the expense of arbitration, by both parties, and the economic benefits provided by this Agreement, which result directly or indirectly, in the City exceeding the amounts appropriated and approved by the City Commission for the funding of this collective bargaining agreement as agreed upon by the parties. Any such award, which contravenes or is not in compliance with the provisions of this paragraph shall be null and void. 8. Each party shall bear the expense of its own witness (7es) and of its own representatives for the purpose of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. 9. The initial selection process for choosing an impartial arbitrator shall commence within ten (10) business days after the first step discussion receipt of the panel from the Federal Mediation Conciliation Service and each party shall have three business days to strike a member of the panel. Copies of the arbitrator's award made in accordance with the aggrieved employee's immediate superior or jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known close of the occurrence of arbitration hearing. The arbitrator's award shall be final and binding on the facts giving rise parties. 10. No probationary employee shall be entitled to utilize the grievance/arbitration procedure herein on any matter involving discharge, suspension, demotion or other disciplinary action. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute7.01 For purposes of this agreement, a grievance or is defined as a difference arising during between the term of this Agreement shall be adjusted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement parties relating to the interpretation, application, administration or alleged violation of the parties. An aggrieved employee may have agreement including any question as to whether a Union representative present matter is arbitrable. 7.02 At the time formal discipline is imposed or at and participating in any level stage of the following grievance procedure: 1. The matter , an employee shall first be discussed between have the aggrieved employee and/or his right upon request to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. 7.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate superior in an effort to resolve it. 2supervisor the opportunity of adjusting his/her complaint. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union Such complaint shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven discussed with his immediate supervisor within nine (79) calendar days after the first step discussion circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days following advice of his immediate supervisor’s decision in the following manner and sequence. Step No. 1 Step No. 2 Step No. 3 7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the agreement shall be originated at Step No. 3 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the aggrieved employee's immediate superior regular grievance procedure shall not be thereby bypassed. 7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in writing identifying each employee who is grieving to the Director or thirty his designee within fourteen (3014) calendar days after the occurrence of the facts circumstances giving rise to the grievance have occurred or ought reasonably to have come to the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known attention of the occurrence employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of the facts giving rise this Article shall then apply with respect to the processing of such grievance. 47.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: a) confirming the Hospital’s action in dismissing the employee, or b) reinstating the employee with or without full compensation for the time lost; or c) by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Chief Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. 7.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 3 is given, the grievance shall promptly meet with be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the employee decision under Step No. 3, it will be deemed to have been received within the time limits. 7.08 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 employees. 7.09 When either party requests that any matter be submitted to discuss arbitration as provided in the grievance and he foregoing Article, it shall respond to it make such request in writing within addressed to the other party to this Agreement, and at the same time provide names of possible arbitrators for consideration.. Within seven (7) calendar days after its presentation to him. 5. If thereafter the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and other party shall respond to it the suggested arbitrators. If both sides are unable to agree upon a single arbitrator within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a single arbitrator. 7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 7.12 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. 7.13 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. 7.14 Each of the parties hereto will share equally the fees and expenses, if any, of the single arbitrator. 7.15 The time limits set out in 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 Section 44 (6) of the Labour Relations Act. 7.16 The parties may mutually agree in writing within twenty-oneto substitute an Arbitration Board with each side choosing a nominee at the time of reference to arbitration and the other provisions referring to single arbitrator shall appropriately apply.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSection 9.01 A grievance is hereby jointly defined to be any dispute regarding the interpretation, grievance application or difference arising during the term claimed violation of this Agreement shall constitute a grievance and shall be adjusted settled in accordance with this procedurethe following manner. STEP 1. The aggrieved employee or employees and/or Shop ▇▇▇▇▇▇▇ must orally present the grievance procedure immediately or as soon as practical to the immediate supervisor in whose area the grievance arose. The supervisor, employee and/or Shop ▇▇▇▇▇▇▇ shall be informal orally attempt to resolve the grievance at that time, if no satisfactory settlement is reached following the oral attempt, the aggrieved employee must present the grievance in writing to the Shop ▇▇▇▇▇▇▇ within five (5) working days after the reason for the grievance occurred. The Shop ▇▇▇▇▇▇▇ shall present the grievance in writing to the supervisor within one (1) working day after receiving the grievance from the employee and confidential at all timesthe supervisor shall answer such grievance in writing to the ▇▇▇▇▇▇▇ within (1) working day. A thirty (30) day limit shall apply in case of violation of wage provisions of the Agreement. Time limitations may limits defined in this section can be waived and/or extended by at the mutual agreement of the parties. An aggrieved employee may have a Union representative present If no satisfactory settlement is reached at and participating in any this level of the following procedure:(Step 1): 1STEP 2. The matter shall first be discussed between the aggrieved employee and/or his Shop ▇▇▇▇▇▇▇ and his immediate superior the employee shall within two (2) working days following the written answer from the supervisor in an effort STEP 1, submit the grievance in writing to the Union’s Business Representative. Within five (5) working days the Business Representative shall meet with a representative of the Company with authority to act to attempt to resolve itsaid grievance, unless such time limit is actually extended by the parties. A decision must be made and a written answers given five (5) working days after conclusion of the above meeting. 2. IfSection 9.02 In accordance with Article 7, any Shop ▇▇▇▇▇▇▇ shall be permitted to leave work to investigate with all reasonable speed and adjust the grievance of any employee within his jurisdiction, after seven days, notification to his Supervisor. Employees shall have the right to have the Shop ▇▇▇▇▇▇▇ or a representative of the Union present during the discussion of any grievance with representatives of the Company. Section 9.03 If no satisfactory resolution has been reached, settlement can be agreed upon the employee and/or the Union parties shall reduce the grievance to writing select a mutually agreeable and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven impartial Arbitrator within five (75) days after receipt of written answer in STEP 2 above. In the first step discussion with event they are unable to agree upon an Arbitrator, the aggrieved employee's immediate superior or thirty matter shall be referred to the Federal Mediation and Conciliation Service (30FMCS) within five (5) days after receipt of written answer above and the occurrence Arbitrator shall be selected in accordance with the rules of that Agency. The expense of the facts giving rise Arbitrator selected or appointed shall be borne equally by the Company and the Union. Section 9.04 The Arbitrator shall not have the authority to amend or modify this Agreement or establish new terms and conditions under this Agreement. The Arbitrator shall determine any question of arbitrability. In the grievance or event the date as position of which the Union is sustained, the aggrieved employee or party shall be entitled to all the Union benefits of this Agreement which would have accrued to him had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the there been no grievance. 4. The Chief shall promptly meet with Section 9.05 Both parties agree to accept the employee and the representatives decision of the Union to discuss the grievance Arbitrator as final and he shall respond to it in writing within seven (7) days after its presentation to him. 5binding. If the Chief's answer does not satisfactorily dispose Company fails within the time fixed by the Arbitrator to comply with the award of the grievanceArbitrator or with the procedures of this Article, the employee and/or Union has the Union shall submit right to take all legal and economic action enforcing compliance. In no case will the matter financial liability on any grievance extend beyond six (6) months from the date of the selection of the arbitrator. If scheduling the arbitrator delays the process, the financial liability will be extended to accommodate the Mayor. 6arbitration date. It is not the intent of the parties to delay the timeliness of processing grievances. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-onetimeline can be extended by mutual agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeA. Subject to any limitation of existing law, grievance any grievance, defined in the Municipal Employee Relations Ordinance at Section 120 (f) as a dispute concerning the application or difference arising during interpretation of the term terms of this Agreement shall be adjusted in accordance with this procedure. The grievance procedure shall be informal Memorandum of Understanding or a claimed violation, misrepresentation or misapplication of the rules or regulations of the Employer affecting the terms and confidential at all times. Time limitations conditions of employment, may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating settled in any level of the following proceduremanner: STEP 1. The matter shall first : A grievance may be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion initially filed orally with the aggrieved employee's immediate superior or supervisor within thirty (30) calendar days after from the occurrence of the facts giving rise to the grievance event or the date as of which when the aggrieved employee or the Union had actual knowledge of or reasonably should have reasonably known of the occurrence grievance. The designated Lodge Representative may represent the employee in presenting the grievance. The parties shall attempt to resolve the grievance informally. Consultation with second level supervision is permissible provided all parties agree. STEP 2: If not resolved at Step 1, the grievance shall be filed in writing with the District Section, or Unit Commander. (The “Sections” or "Units" referred to in this paragraph are the Police Commissioner's Staff, Divisions, and Sections, the Staff, Sections, and Units of the facts giving rise to Deputy Commissioners, and the grievance. 4Sections within the Organized Crime, Criminal Investigation, Patrol, Support Services, Information Technology, and the Human Resources Divisions. The Chief writing shall promptly meet with state generally the employee and the representatives substance of the Union to discuss the grievance and he identify the aggrieved employee. The parties shall respond meet within seven (7) days of the filing of the grievance at this step to it discuss its substance. The District or Unit Commander shall give his decision in writing within seven (7) working days after its presentation to himthe aforesaid meeting. 5. STEP 3: If the Chief's answer does not satisfactorily dispose of the grievanceresolved at Step 2, the employee and/or the Union shall submit the matter grievance may be presented to the Mayor. 6. The Mayor or his designee relevant Division Chief (Patrol, Human Resources, Support Services, Criminal Investigation, Organized Crime, Information Technology and Internal Investigation Divisions), who shall meet with the aggrieved employee designated Lodge Representative and the representatives of the Union to consider aggrieved party within ten (10) working days after the grievance has been denied, and shall respond to it give his answer in writing within twenty-oneten (10) working days of this meeting. Special Provision - STEP 3: Within thirty (30) days of an alleged grievance, the Lodge is authorized to present said grievance at this step if the grievance affects a significant number of employees in more than one (1) District, Section, or Unit. Should this provision be used, the affected Division Chief will meet with the Lodge Representative(s) within ten (10) working days of the filing of said grievance and will provide, in writing, an answer within fourteen (14) days following the aforementioned meeting. STEP 4: If the grievance is not resolved at Step 3, the grievance may be presented to the Police Commissioner or designee who shall meet with the designated Lodge Representative(s) within ten (10) working days of the denial and shall give his response within fourteen (14) working days of the meeting. STEP 5: a) If a grievance has not been satisfactorily resolved at Step 4, the Lodge may, within ten (10) working days of the completion of Step 4, initiate arbitration by written notice to the Police Commissioner and the Labor Commissioner of the Lodge's decision to arbitrate. b) Within five (5) working days after receipt of the notice, the parties shall attempt to agree upon an arbitrator. If such attempts fail, within ten

Appears in 1 contract

Sources: Memorandum of Understanding

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeInformal Discussion L31.01 An Occasional Teacher who has a complaint relating to the interpretation, grievance application, administration or difference arising during alleged violation of the term of this Agreement shall be adjusted discuss the complaint with the Principal or immediate Supervisor in accordance with this procedurecases where there is no Principal. The grievance procedure Such a complaint shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement brought to the attention of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his Principal or immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven Supervisor within twenty (720) days after the first step discussion Teacher becomes aware or should have been reasonable expected to be aware of the circumstances giving rise to the complaint. The Principal or immediate Supervisor shall meet with the aggrieved employee's Occasional Teacher and the Bargaining Unit President within ten (10) days of the complaint. The Principal or immediate superior Supervisor shall respond to the Occasional Teacher within five (5) days of the meeting. If the Occasional Teacher is not in agreement with the decision of the Principal or immediate Step One L31.02 Failing resolution of the complaint by informal discussion, a grievance may be submitted by the Union on behalf of the Occasional Teacher(s) as provided for herein. The Union shall commit the grievance to writing, setting out the facts of the grievance together with the provisions of the Agreement claimed to have been violated and indicate the relief sought. Step Two Step Three Arbitration (a) When either Party requests that a grievance be submitted to a single Arbitrator, the request shall be conveyed in writing to the other Party to the Agreement indicating the name(s) of a proposed Arbitrator. Within ten (10) days thereafter, the other Party shall respond in writing indicating their agreement with a proposed Arbitrator or suggesting another name(s). If the Parties fail to agree upon an Arbitrator, the appointment shall be made by the Minister of Labour of Ontario upon the request of either Party. Board of Arbitration (b) When both Parties agree, a grievance may be submitted to a Board of Arbitration. Notification shall be provided in writing to the other Party to the Agreement indicating the name of an appointee to an Arbitration Board. The recipient of the notice shall within five (5) days inform the other Party of the name of its appointee to the Arbitration Board. The two (2) so selected shall, within fifteen (15) days of the appointment of the second of them, appoint a third person who shall be the Chair. If the two (2) appointees fail to agree upon a Chair within the fixed time limits, an appointment as Chair of the Arbitration Board shall be made by the Minister of Labour of Ontario upon the request of either Party. If either Party fails to appoint a nominee to the arbitration board, the other Party may request the Minister of Labour to appoint such a nominee. (c) An Arbitrator or Board of Arbitration shall endeavour to give a decision within thirty (30) calendar days after the occurrence hearing on the matters submitted to arbitration is concluded. The decision of the facts giving rise to Arbitrator or Board of Arbitration shall be final and binding upon the grievance or the date as of which the aggrieved Parties and upon any employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievanceemployees affected by it. 4(d) An Arbitrator or an Arbitration Board, as the case may be, has the powers of an Arbitrator or Arbitration Board under the Labour Relations Act. L31.04 The fees for a single Arbitrator or a Chair of a Board of Arbitration shall be shared equally by the Parties. The Chief shall promptly meet with Discharge Grievance L31.05 Where an Occasional Teacher has received a termination notice, the employee and the representatives of the Union to discuss the Occasional Teacher may file a grievance and he shall respond to it in writing at Step One within seven ten (710) days after its presentation to himof written notice of termination. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, a. A grievance is defined as any dispute or difference arising during concerning the term application, interpretation or a claimed violation of this Agreement an express provision of the Agreement. Every attempt shall be adjusted in accordance with made by both parties to resolve grievances arising under this proceduresection speedily and informally. The filing of a grievance procedure shall not foreclose ongoing or other informal discussions or resolutions. b. Upon request, employees shall have the right to representation or accompaniment by a union representative during any meeting invoking discipline, or to any investigatory meeting which might result in the imposition of discipline to the employee. Employees may not necessarily be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement able to wait for or select a particular representative. c. Grievance meetings requiring the attendance of the parties. An aggrieved employee may have Local Representatives will be scheduled at a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort time convenient to resolve itall parties involved if reasonably possible. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven a. Within five (75) working days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise alleged incident or circumstance, the employee or union representative shall present the grievance in writing to the grievanceoffice of Director of Human Resources, which shall then be assigned a grievance number, which will then be forwarded to the office of the Department Head or their designee. The written grievance must include (1) a statement of the action being grieved; (2) reference to the relevant Article(s) of the Collective Bargaining Agreement alleged to have been violated; and (3) the remedy or relief sought. 4. The Chief shall promptly meet with b. A meeting between the employee grievant or grievants, the union representative and the representatives of Department Head be held within five (5) working days from the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, and a written decision issued by the employee and/or divisional manager within five (5) days from the conclusion of meeting. a. If a satisfactory settlement of the grievance is not reached in Step 1, the grievance may be appealed to the office of the Director of Human Resources. Said appeal should be made within five (5) working days from the date of the receipt by the grievant(s) of the Step 1 decision or the date upon which the decision is due. b. The Director of Human Resources or their designee shall convene a meeting with the grievant(s) and the union representative within five (5) working days from the date of the receipt of the grievance appeal, and shall render a decision/response to the grievant(s) and the Union within five (5) working days of the presentation of the grievance at the grievance meeting. Section 4. Should the Union be dissatisfied with the hospital’s decision/response to the grievance at Step 2, the grievance may be submitted to arbitration by the Union within thirty (30) calendar days from the receipt of the written response from the Step 2 meeting or the date upon which the decision is due. The Hospital will grant an additional 30day extension if requested. An arbitrator will be appointed through the American Arbitration Association under its Voluntary Arbitration Rules. a. Each party shall be responsible for the expenses of its witnesses or others selected or called by a party for arbitration. Expenses incurred in the payment of fees to an impartial arbitrator shall be divided equally between the parties to this Agreement. The parties shall share the cost of the transcript for the arbitrator. The Hospital shall make every reasonable effort to reschedule any employee called as a witness in any arbitration hearing in order that said witness shall have continuity of income. b. The decision of the arbitrator shall be final and binding on both parties. c. The arbitrator is limited by the terms of this Agreement, and shall have no power to add to, subtract from, modify, amend, or in any way change any of the terms of this Agreement. The arbitrator shall not have jurisdiction to hear more than one (1) grievance, and shall not have jurisdiction with respect to probationary employees. d. The parties agree that serious forms of employee misconduct such as insubordination, theft, falsification of records, or other forms of serious misconduct are traditionally causes of discipline, including termination, which is rendered without need for prior discipline. The parties agree that employees who engage in serious misconduct are an unfair burden on the Hospital, its patients and the employee’s peers. e. If the discharge of an employee results from conduct relating to a patient and the patient does not appear at the arbitration, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Further, the patient’s initial statements (written or as reported) to the Hospital are agreed to be admissible in the hearing. a. Any written decision, or written answer to a grievance made at any step which is not appealed to the succeeding step of the grievance procedure within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by the parties to this Agreement, shall be considered a final settlement, and such settlement shall be binding upon the grievant(s) and the parties to this Agreement. b. Failure of any party to abide by the time limits set forth in the grievance procedure shall give the grieving party the right to submit the matter grievance directly to the Mayornext step of the procedure. 6. The Mayor c. A grievance, which affects a substantial number class or his designee shall meet with employees, or in the aggrieved employee and the representatives case of suspension or terminations may initially be presented at Step 2 of the Union grievance procedure. Section 7. All time limits herein specified shall be deemed to consider the grievance be exclusive of Saturdays, Sundays and shall respond to it in writing within twenty-oneholidays. Section 1.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or A Grievance is a difference arising only from the interpretation, administration, application or alleged violation of this Agreement including any questions as to whether the matter is An employee may lodge a grievance against his employer. The processing of such grievance shall be processed commencing with step one below. A grievance of an employee, to be considered, must be lodged with his employer within two working days following the incidence giving rise to the griev- ance. Step One: An employee having a grievance shall first discuss the matter with his employer or the employer repre- sentative in an effort to have the matter resolved. The Employer shall give his position on the grievance within two working days. Step Two: If a satisfactory settlement is not reached at Step one, the grievance shall be reduced to writing and signed by the setting out the nature of the grievance, the Article of this Agreement alleged to have been violated and the remedy sought. The Lo- cal Union with the in attendance shall meet with the Employer within three working days of receipt of his answer to Step One in an attempt to settle the difference. The Employer shall give an answer within three working days of this meeting. If a settlement is not reached, the matter shall be brought before the Local Joint Conference Board within three working days of receipt by the Local Un- ion of the answer referred to in Step Two above, or such time as is mutually agreedupon. edy sought by the and forwarded to the party against whom the grievance is made. A meeting shall be convened with all parties to the dispute within three working days of receipt of the grievance. If a settlement is not arrived at during this meeting or within such time as the term parties mutually agree, the matter shall be forwarded to the Local Joint Confer- ence Board. The Local Joint Conference Board shall convene within five working days of receipt of a grievance. In matters touching upon the interpretation of this Agree- ment, the Board shall forward the grievance along with their recommendations to the Provincial Joint Confer- ence Board. On all other matters the Local Board shall endeavour to arrive at a settlement. If no settlement can be reached, the matter may be referred to Arbi- tration. In order for the Local Joint Conference Board set- tlement of a grievance to be used by any party as a precedent in future cases, it must be filed with the Provincial Joint Conference Board for their unanimous concurrence. In the event of failure to obtain such unanimous concurrence a settlement shall be treated as being only applicable to the facts in question. Any grievance involving the interpretation of this Agreement shall be adjusted in accordance dealt with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department only by the earlier Provincial Joint Conference Board, such Board shall convene within five working days of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider receiving the grievance and shall respond render a decision. If no settlement can be reached, the matter may be referred to it in writing within twenty-oneArbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeFor purposes of this Agreement, a grievance or is defined as a difference arising during between the term parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge the Hospital shall notify the employee of this Agreement right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted in accordance with this procedureas quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have the assistance of a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his union ▇▇▇▇▇▇▇ and if he or she so desires. Such complaint shall be discussed with his immediate superior in an effort supervisor within nine (9) calendar days after the circumstances giving rise to resolve it. 2. If, after seven it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, no satisfactory resolution has been reachedit shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a ▇▇▇▇▇▇▇, may submit a written grievance signed by the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3(designated by Hospital). The grievance must shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be reduced violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing and within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the Chief decision in Step the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department by the earlier of seven Head or his designee within fourteen (714) calendar days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts circumstances giving rise to the grievance have occurred or ought reasonably to have come to the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known attention of the occurrence The grievance shall then be treated as being initiated at Step No. and the applicable provisions of the facts giving rise this Article shall then apply with respect to the processing of such grievance. 4. The Chief release or discharge of an employee during the probationary period shall promptly meet not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing Hospital at Step No. within seven (7) calendar days after its presentation to himthe date the discharge or suspension is effected. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeFor purposes of this Agreement, a grievance or is defined as a difference arising during between the term parties relating to the interpretation, application, administration or alleged violation of this Agreement shall be adjusted in accordance with this procedurethe agreement including any question as a matter is arbitrable. The At the time discipline is imposed or at any stage of the grievance procedure an employee shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement have the right upon request to the presence of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇. In the case of suspension or discharge the Hospital shall the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate superior in an effort supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to resolve it. 2. If, after seven it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, no satisfactory resolution has been reached, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate decision in the following manner and sequence: The employee may submit a written grievance signed by the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3his immediate supervisor. The grievance must shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be reduced to violated. The immediate supervisor will deliver his decision in writing and within 'nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Within nine (9) calendar days following the Chief decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the Hospital or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing each employee who is grieving to the Department by the earlier of seven Head or his designee within fourteen (714) calendar days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts circumstances giving rise to the grievance have occurred or ought reasonably to have come to the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known attention of the occurrence The grievance shall then be treated as being initiated at Step No. and the applicable provisions of the facts giving rise this Article shall then apply with respect to the .processing of such grievance. 4. The Chief release or discharge of an employee during the probationary period shall promptly meet not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing Hospital at Step No. within seven (7) 7)calendar days after its presentation to him. 5the date the discharge or suspension is effected. If Such special grievance may be settled under the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor Grievance or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-oneArbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, It is mutually agreed by the parties to settle al- leged grievance or difference arising during as quickly as possible. For the term purpose of application of this Agreement collective agreement, a grievance shall mean any diffe- rence concerning the interpretation, applica- tion, administration or alleged violation of this agreement. Any grievance shall be adjusted dealt with in accordance the follo- wing manner: AStenpy Oenme ployee having a grievance shall first attempt to adjust the mat- ter orally with this procedurehis immediate Su- pervisor who shall have five days in which to render a decision. days from the rendering of the said decision, present his grievance in writing accompanied by a local ▇▇- ▇▇▇▇▇▇ of the Union to the local Ma- ▇▇▇▇▇ or appropriate officer of the Corporation, who shall give his written decision to the employee within seven days from the time such representations are presented to him. Step Three If the decision given to the em- ployee is not satisfactory, the Union may, within ten of the receipt of said decision by the employee, present the grievance in writing and signed by highest officer of the Union or his representative to the President, Develop- ment, or his delegate, with a request for a meeting to discuss the said grievance. The Corporation shall arrange a meeting with the highest officer(s) of the Union wi- thin ten days following receipt of the grievance procedure and request for discussion and it shall render its written within ten days following such meeting. ▇▇- ▇▇▇▇▇, the Corporation shall not be called upon to meet more than two of the highest officers of the Union at any such meeting. Step Four In the event that a grievance shall not have been satisfactorily settled according to the foregoing such grievance may then, by notice in writing given by one party to the other within twenty days from the giving of the decision by the Corporation at Step be refer- red to arbitration. For purposes of arbitration, Step 3 shall be informal the Grievances must be submitted within forty days of the acknowledgement by the employee of the occurrence giving rise to said grievance but no later than days following the effec- tive date of said occurrence. No grievance sub- mitted beyond the aforementioned delays will be receivable or Days referred to in this article are the con- cerned employee’s scheduled workdays, exclu- sive of listed days off and confidential at all timesholidays. Time limitations Either party may proceed to the next step stipu- lated in the foregoing procedure whenever the other party fails to comply with the prescribed time limits. Any time limit fixed by this article for the ta- king of action by either the Corporation or the Union, may be waived and/or extended by mutual agreement consent. When two or more employees have a common grievance, this may be presented as a group grievance and a single written submission pre- sented at Step 2 of the partiesabove procedure if only one location is involved. An aggrieved employee If the grievance invol- ves more than one location, the single submis- sion would be required only when the ▇▇▇▇- ▇▇▇▇▇ reaches Step Any grievance respecting suspension, dis- charge or disciplinary measure, may be initia- ▇▇▇ at Step 3 of the above procedure. Whenever it is presumed that the Collective Agreement has been violated, misinterpreted, improperly applied or administered, and that the interests of one of the parties have been af- fected as a result, the Corporation or the Union representative present may formulate and file a grievance in writing at and participating step 3 of the grievance procedure. When a grievance is referred to arbitration, the parties agree to submit said grievance to a sin- gle arbitrator. The parties will seriously at- tempt to come to an agreement in any level selecting one of the following procedure: 1. The matter shall first be discussed between to arbitrate the aggrieved employee and/or his matter: ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and his immediate superior In the event of disagreement of the parties con- cerning the above, an impartial arbitrator will be nominated by the Minister, Labour Canada, at the request of either or both parties. The parties agree that an arbitrator appointed pursuant to this Agreement has, in an effort excess of the powers granted to resolve it. 2. If, after seven days, no satisfactory resolution has been reachedhim by the Canada Labour Code, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-onepowers:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, 3.01 A grievance or difference arising during shall be defined as a dispute between the term parties of this Agreement AGREEMENT involving an alleged violation of a specific provision of this AGREEMENT. Any such grievance shall be adjusted settled in accordance with this procedure. The grievance procedure the following manner: All grievances shall be informal submitted in writing and confidential at all timesshall state the specific contract provisions that are being violated, in what manner those provisions are being violated, and what remedy is being sought. Time limitations may All grievances must be filed within five (5) working days after the circumstances giving rise to the grievance first occurred, or when the grievant should have been aware of its occurrence, or it shall be deemed waived. Any grievance shall also be deemed to have been waived and/or extended or settled if the action required by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, UNION or the employee and/or the Union shall reduce the grievance to writing and present it to the Chief next level of the Departmentprocedure shall not have been taken within the time specified therefore. If a grievance is once waived or settled at any of the following steps, it shall be considered closed and it shall not thereafter be subject to the grievance procedure or to arbitration. The CITY may assert the UNION'S failure to comply with grievances or arbitration procedures at any stage of the procedure. For purposes of this Article any Employee or UNION submission shall become effective upon mailing or delivery and the prescribed time periods for filing shall not begin until the grievant or UNION actually receives the CITY'S response. 33.02 Grievances shall be submitted in writing and signed by the aggrieved employee on a form mutually agreed to by the UNION and the EMPLOYER. An employee wishing to pursue a grievance shall submit the grievance form, including the substance of the grievance and the Article(s) of the contract alleged to have been violated, to the UNION president. STEP 1. The UNION shall file the grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior supervisor. The supervisor shall respond to the UNION representative within five (5) working days following submission to him. STEP 2. If a satisfactory settlement is not reached within three (3) working days from the date on which the Department Head received the grievance, the UNION Officer shall submit the written grievance to the Director of Human Resources or his/her designated representative and request a conference to discuss the grievance. The written grievance and request for a conference shall be presented to the Director of Human Resources or his/her designated representative within seven (7) working days from the date the department head received the grievance. STEP 3. If a satisfactory settlement is not reached within fifteen (l5) working days from the date of the Step 2 conference, either party may thereafter request arbitration which must be made in writing within twenty-five (25) working days from the date of the Step 2 conference. Failure by the UNION to request arbitration in writing within the prescribed time as set forth, above, shall constitute a waiver of the grievance. The UNION and the CITY agree to utilize the services of the American Arbitration Association for the selection of the arbitrator and to conduct the arbitration proceeding in accordance with the Rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties and the arbitrator shall be requested to issue his/her decision within thirty (30) days after the occurrence conclusion of testimony and argument and submission of briefs, if any. 3.03 The arbitrator shall have jurisdiction over disputes arising out of grievances defined in this Article. The function of the facts giving rise arbitrator is to determine whether or not there has been a violation of a provision of this AGREEMENT not excluded from arbitration. The arbitrator shall be without power and authority to do the following: A. To add to, alter, subtract from, or amend the terms of the written AGREEMENT. B. To modify, alter, or negate decisions of the CITY which are made pursuant to its rights or authority under the law and/or its management rights that are not excepted by this AGREEMENT. C. To make an award which violates any of the CITY'S policies except as they may be governed by this AGREEMENT. D. To make an award which may cause or require the CITY to violate State, Federal or common law, or any rules, regulations, or decisions issued under the authority of the Commonwealth of Massachusetts or of the United States Government, all of which are hereby incorporated by reference. E. To rule on an issue which is reserved by law for the CITY to decide, or which has been expressly excluded from the grievance and arbitration provisions of this AGREEMENT. F. To rule on a violation which occurred prior to the grievance or effective date of this AGREEMENT, and/or to award any relief for any period of time prior to the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence submission of the facts giving rise to the grievance. 4. G. The Chief arbitrator may not substitute his judgment for that of the CITY or its agents when they exercise their judgment pursuant to their reserved rights or to their authority under the law. H. The decision of the arbitrator, if within the scope of his jurisdiction shall promptly meet with be final and binding upon the employee parties hereto and the representatives of the Union arbitrator shall be requested to discuss the grievance and he shall respond to it in writing issue his decision within seven thirty (730) days after its presentation to himthe conclusion of testimony and argument and the submission of briefs. 5. If I. Compensation for the Chief's answer does not satisfactorily dispose services of the grievance, arbitrator will be borne equally by the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee CITY and the representatives UNION, but each party shall bear its own expenses for the presentation of the Union to consider the grievance and shall respond to it in writing within twenty-oneits own case.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute(a) It is the Employer’s responsibility to maintain an environment in which employees remain free from harassment, grievance intimidation, and any threats, explicit or difference arising during implied, which are designed or might reasonably be understood to dissuade an employee from exercising their rights under Article 10, or any other right provided for in this Collective Agreement. (b) The parties recognize the term importance of this Agreement confidentiality and agree that all grievances will be discussed, disseminated, or otherwise shared by each of them on a need to know basis as determined by each of them at their discretion. (c) To ensure that complaints of employees are remedied as quickly as possible, the parties agree that the procedure for submitting and dealing with grievances, which shall be adjusted in accordance with this procedure. defined as any (i) Step 1: The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement Union, on behalf of the parties. An aggrieved employee employee, may have submit a Union representative present at written grievance signed by the Grievor and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his their ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. Ifor Union representative, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of Chair (or the Department. 3. The grievance must be reduced to writing and presented to the Chief Chair’s equivalent or designate) of the Department in which the employee works within 15 business days after receiving the reply of the employment supervisor. The nature of the grievance and the remedy sought shall be clearly set out in the grievance. The Department Chair or their equivalent or designate will deliver their decision in writing within 15 business days following the day on which the grievance was submitted to them. Failing settlement at this Step, then: (ii) Step 2: Within 15 business days following a decision under Step 1, the Union/grievor(s) may present the written grievance to the ▇▇▇▇ of the Faculty (or their designate) in which the grievor is employed, or Vice- ▇▇▇▇▇▇▇ (Teaching and Learning), (or their designate) if the academic unit is not administered by a particular Faculty. The ▇▇▇▇ or Vice- ▇▇▇▇▇▇▇ (Teaching and Learning), (or their designate) will hold a meeting with the earlier of seven grievor(s), the ▇▇▇▇▇▇▇ or Union Representative who signed the grievance and, at the ▇▇▇▇’▇ or Vice- ▇▇▇▇▇▇▇’▇ (7Teaching and Learning), (or their designate’s) discretion, an E/LR Representative to discuss the grievance. The ▇▇▇▇ or Vice-▇▇▇▇▇▇▇ (Teaching and Learning), (or their designate) will give their written decision within 15 business days after the first step discussion date on which the grievance was submitted to them. Failing settlement at this Step, then: (iii) Step 3: Within 15 business days following a decision under Step 2, the Union/grievor(s) may submit the written grievance to the Vice- ▇▇▇▇▇▇▇ (Teaching and Learning). The Vice-▇▇▇▇▇▇▇ (Teaching and Learning), (or their designate), will convene a meeting with the aggrieved employee's immediate superior grievor(s), the ▇▇▇▇▇▇▇ or thirty (30) Union Representative who signed the grievance and 2 other representatives designated by the President of the Local and, at the Vice- ▇▇▇▇▇▇▇’▇ or designate’s discretion, an E/LR Representative, to discuss the grievance. The Step 3 reply is required in writing within 15 business days after the occurrence date on which the grievance was submitted to them. Failing a satisfactory settlement at this Step, the grievance may be referred to arbitration within 15 business days after the date on which the reply to Step 3 was given. (d) Where the Employment Supervisor is a Department Chair or Faculty ▇▇▇▇, the Union may advance to either Step 2 or Step 3 of the facts giving rise to Grievance Procedure, as the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievancecase may be. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, SECTION 1. A grievance or difference arising shall be defined as any dispute between the parties hereto during the term of this Agreement Agreement. The Union or the Association may file and process a grievance. Disputes concerning jurisdiction shall be adjusted in accordance dealt with only under Article III, Section 9 and not under this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itArticle XXI. SECTION 2. If, after seven days, no satisfactory resolution has been reached, In the employee and/or event of a grievance (which cannot be settled by the Employer and the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven or their representatives within fifteen (715) working days after the first step discussion with the aggrieved employee's immediate superior grieving party knew or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with ), either the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or Association or the Union shall submit the matter grievance to the MayorCommittee for determination, providing it notifies the other party (the Employer or the Union, as the case may be) and the Association by electronic mail or fax with a copy sent via First Class Mail postmarked within fifteen (15) working days after the grieving party knew or should have known of the occurrence giving rise to the grievance of the desire to arbitrate. Said notice shall include the question to be arbitrated and, where such question involves the interpretation or application of this Agreement, the article and section of this Agreement under which the grievance is claimed. A meeting of the Committee to hear and determine said grievances shall be held within five (5) working days after receipt by the other party of the grievance notice. The Committee’s decision shall be final and binding. If the Association does not convene the Committee within five (5) days, the Union shall have the option of bypassing the Committee and proceeding directly to arbitration. 6SECTION 3. There shall be a Committee composed of two representatives from the Union and two representatives from the Association. The Mayor or his designee Committee shall meet with to consider the dispute within five (5) working days after the request for such consideration has been received by either the Association or the Union. Notification of a grievance by an aggrieved employee and party shall be sent by certified mail, fax or any other reasonable written method, direct to the representatives Association’s office, the office of the Union and the office of the Employer. The dispute shall be deemed settled and resolved in accordance with the majority vote of the Committee, and the Committee’s decision shall be final and binding upon the parties to consider the dispute. When decisions are reached by the Committee, a time frame for compliance of such decision shall be established by the Committee. Upon failure to comply with the decision of the Committee, the parties are free to take whatever action they deem necessary toward implementation. In the event the Committee is bypassed or is deadlocked or is otherwise unable to resolve a dispute which involves the interpretation or application of specific provisions of this Agreement within three (3) working days after it first meets or should have met, either the Association or the Union may submit the dispute to arbitration. The parties shall thereupon either agree upon the selection of a neutral Arbitrator or failing agreement, shall be submitted to an Arbitrator from the following list in rotating order if available: The parties shall make themselves available for an arbitration hearing within sixty (60) days of the submission to an Arbitrator. If a party fails to make itself available for arbitration in sixty days or fails to participate in the Committee process, it forfeits its case and the other party shall prevail and the question of the amount of damages can be presented to the Committee or Arbitrator on an ex-parte basis. The decision of the Committee meeting with the neutral Arbitrator as a Board of Arbitration shall be final and binding on the parties. The cost of the neutral Arbitrator shall be divided equally between the parties. If a grievance is not submitted to the Committee within fifteen (15) working days after the occurrence giving rise to the grievance and in accordance with the provisions of Section 2 above, the grievance shall respond to it be deemed settled in writing within twentyfavor of the non-onegrieving party.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, grievance or difference arising during 12.01 It is agreed that it is the term spirit and intent of this Agreement agreement to adjust grievances promptly. When a difference arises between the parties, or any person or party upon whom this agreement is binding, relative to the interpretation, application or administration of this agreement, including any question as to whether the matter is arbitrable, or where an allegation is made that this agreement has been violated, the matter shall be adjusted in accordance with this procedure. The as follows: 12.02 — Step 1 An employee having a grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement within three (3) working days of the parties. An aggrieved employee may have a Union representative incident giving rise to the grievance present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his grievance to his ▇▇▇▇▇▇▇. The employee if he so desires may be accompanied by his ▇▇▇▇▇▇▇. The ▇▇▇▇▇▇shall reply to the grievance within one working day. 12.03 Step 2 Should a settlement of the grievance not be reached at Step 1, the grievance shall be reduced to writing, setting out the nature of the grievance, the Article or Articles of the agreement allegedly violated and his immediate superior the nature of the remedy sought and shall not be subject to changes at later steps except by mutual agreement with the employer. The grievance shall be taken up by the local union business manager with a senior representative of the employer. 12.04 Should a settlement of the grievance not be reached within two (2) working days at Step 2, the grievance may be referred to the Joint Labour Management Committee within two (2) working days of completion of Step 2. The Joint Labour Management Committee shall meet within two (2) working clays of receipt of the grievance in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond render their decision within a further two working days. 12.05 It is understood that the employer may bring forward at any meeting held with the union representatives any grievance against the union or its members concerning the interpretation, application, administration or alleged violation of this agreement. If such complaint by the employer is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred to arbitration in writing within twenty-onethe same way as a grievance of an employee. 12.06 Should the grievance fail to be settled by the Labour Management Committee, the grievance may be processed in accordance with the provisions of Section 133 or the OLRA, RSO 1995 and any amendments thereto. Local 530 IBEW hereby agrees that it will exhaust all remedies locally and provincially before proceeding to section 133 of the OLRA.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeA. A "grievance" shall be any difference of opinion, grievance controversy or difference dispute arising during between the term parties hereto relating to the alleged violation of, interpretation or application of any of the provisions of this Agreement Agreement. B. A grievance to be considered in this procedure must be initiated by the employee within thirty (30) working days from the time the employee knew or should have known of its occurrence. C. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be adjusted in accordance with this proceduredeemed to be acceptance of the decision rendered at that step. D. It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Town until such grievance has been fully determined. The grievance procedure shall be informal discussed with the employee involved and confidential the Association representative with the Chief of Police designated by the Town. The answer shall be in writing and made within three (3) days by the Chief of Police or the Association. STEP TWO: If the grievance is not settled through Step One, the same shall, within five (5) working days, be reduced to writing by the Association and submitted to the Chairman, Police Committee, or any person designated by him, and the answer to such grievance shall be made in writing, with a copy to the Association within five (5) days of submission. If the grievance is not settled at all times. Time limitations may be waived and/or extended by mutual agreement Step Two, then the Association shall have the right within five (5) working days of the parties. An aggrieved employee may have a Union representative present at and participating in any level receipt of the following procedure: 1answer at Step Two to submit such grievance to the Mayor. The matter A written answer to such grievance shall first be discussed between served upon the individual and the Association within seven (7) calendar days after submission. If the grievance is not settled through Step Three, then the aggrieved employee and/or shall have the right within five (5) working days to pursue all legal remedies afforded by the provisions of the Civil Service Act. If the grievance is not settled at Step Three and the aggrieved does not elect to pursue his grievance under the provisions of the Civil Service Act, then the Association shall have the right within five (5) working days to submit such grievance to an Arbitrator. ▇▇. ▇▇▇▇▇ ▇. Mastriani shall serve as Arbitrator for the duration of this Agreement. If ▇▇. ▇▇▇▇▇▇▇▇▇ is unable to serve, the Arbitrator shall be selected in accordance with the rules of the Public Employment Relations Commission. The Arbitrator shall have full power to hear the dispute and make a final determination, which shall be binding on both parties. The Arbitrator does not have the right to add to, subtract from or modify this Agreement in any manner. Each party shall bear its own costs of the arbitration but the costs of the Arbitrator shall be borne by the Town and the Association equally. The Association President, or his immediate superior authorized representative, may report an impending grievance to the Mayor in an effort to resolve itforestall its occurrence. 2. IfE. Nothing herein shall prevent any employee from processing his own grievance, after seven days, no satisfactory resolution has been reached, provided an Association representative may be present at the employee and/or Association's discretion as observer at any hearing on the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employeeindividual's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSection 1. As used in this Article, a grievance shall be defined as a dispute over interpretation, omissions, or difference arising during the term adherence to this Agreement. The purpose of this Agreement procedure is to secure, at the lowest possible level, equitable solutions to the problems or complaints alleged by employees (a) The written grievance shall be adjusted in accordance with this procedureinclude a statement of the grievance and relevant information, including: 1. Specific names and dates (unless it is a group grievance); 2. The provision(s) of the agreement alleged to have been violated including a detailed explanation of how those provision(s) were violated; 3. The remedy sought; and 4. The name of the designated Union representative as described in Section 2 of this Article. (b) The designated Union representative will also advise their own supervisor that they have a grievance procedure in process as soon as the grievance is filed. (c) At each step of the grievance process, the Union shall be informal provide to management the original grievance form, any subsequent Employer/Union responses to date and confidential at any other available data or correspondence deemed appropriate by the Union. Section 2. Any and all times. Time limitations time limits specified in the grievance procedures may be waived and/or extended in writing by mutual agreement consent of the parties. An aggrieved employee may have a Union representative present Failure at and participating in any level step of the following procedure: 1procedure by the Union to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. The matter Failure at any step of the procedure to communicate the decision in writing on a grievance within the specified time limits shall first permit the Union to proceed to the next step. A grievance may be discussed between withdrawn at any time upon receipt of a signed statement from the aggrieved employee and/or his ▇▇▇▇▇▇▇ Union and his immediate superior in an effort to resolve itthe employee. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. Section 3. The grievance must be reduced Union and the Employer encourage discussion and efforts to writing and presented resolve all disputes informally prior to the Chief filing of the Department by the earlier of seven a formal grievance. (7a) Step 1: Within twenty (20) working days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of a disputed action or from the facts giving rise date the offended employee should have reasonably known of the disputed action, the employee shall submit a formal Statement of Grievance form with the Employer. (b) Step 2: In the event a formal Statement of Grievance is filed, the immediate supervisor shall respond in writing to the employee and the Union within ten (10) working days from their receipt of the grievance. If the supervisor calls for a meeting, it will be scheduled at a mutually agreeable time and the written response will be due within ten (10) working days of the meeting, rather than ten (10) working days from the receipt of the grievance. If the Immediate Supervisor and/or the next higher level of supervision does not have the authority to resolve the grievance, they shall immediately submit the grievance file to the appropriate supervisor with the authority to resolve the grievance. 4. The Chief shall promptly meet with (c) Step 3: If the employee and the representatives of grievance remains unresolved, the Union to discuss the grievance and he shall respond to it in writing representative shall, within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-oneten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSECTION 1. A grievance shall be defined as a dispute regarding the interpretation and/or application of the provisions of this Agreement, grievance filed by an authorized Union Representative on behalf of the Union or difference arising during an Employee covered by this Agreement, alleging a violation of the term terms and provisions of this Agreement. However, disputes specifically excluded in other Articles of this Agreement from the Grievance and Arbitration Procedure shall not be construed as within the definition set forth above. SECTION 2. All grievances shall be adjusted handled in accordance with this procedurethe following manner: a) All potential grievances must be filed by email, fax, or in person within fourteen (14) calendar days 1) after the potential grievance first arises, or 2) the Union had knowledge of circumstances that gave rise to the grievance. The grievance procedure Grievances shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of referred to the parties. An aggrieved employee may have a appropriate Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇, Business Manager and/or authorized Union representative, and his immediate superior in an effort to resolve itthe responsible Labor Relations Representative. 2. If, after seven days, no satisfactory resolution has been reached, b) If the employee and/or the Union shall reduce the potential grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing is not resolved within seven (7) calendar days, the potential grievance shall be reduced to writing, citing the Article and Section of this Agreement which has allegedly been violated, the facts surrounding the issue and the remedy sought and referred to Step 2 of the Grievance and Arbitration Procedure. Step 2) The written grievance must be submitted within ten (10) calendar days after its presentation the conclusion of Step 1. The grievance shall be referred for resolution by the appropriate craft Business Manager and/or their authorized representative to himthe Employer’s Labor Relations Manager. A written response stating either the resolution and the reason(s) for same or the reason(s) for rejection which will be required within ten (10) calendar days after receipt of the grievance in Step 2. If a resolution is not reached in Step 2, the grievance may, by mutual agreement between the Union and the Employer, be submitted to Step 3 within ten (10) calendar days after receipt of the written response from Step 2. Otherwise the grievance shall be advanced to Step 4. 5Step 3) Upon mutual agreement by both parties, the FMCS, may be asked to mediate the issue. If a resolution is not reached, then Step 4 of the Chief's answer does Grievance and Arbitration Procedure will be followed. Step 4) If a grievance is not satisfactorily dispose resolved at the conclusion of Step 2 or Step 3, the Union may request arbitration within twenty-one (21) calendar days by delivering a written notice to the Employer of its intent to arbitrate the dispute. Within seven (7) calendar days after receipt of the notice to arbitrate, the Union will request from the FMCS a list of five (5) Arbitrators from which the Arbitrator shall be selected. Such selection shall be accomplished by the Union and the Employer striking one (1) name each from the list, in turn, until only one (1) name remains. This remaining individual shall be the Arbitrator of the grievance. a) The Arbitrator’s decision shall be submitted in writing and shall be final and binding on all the parties to this Agreement. Nothing contained in this Agreement or any part thereof shall affect or apply to the Union in any action it may take against the Employer for failure to comply with any legally enforceable decision reached through arbitration. The Arbitrator shall not have any authority to modify, amend, alter, add to, or subtract from any provisions of this Agreement. b) Upon availability of the FMCS Expedited Arbitration Procedure, the employee and/or parties may agree to utilize, with mutual consent, the Expedited Arbitration process, on a case-by-case basis. c) The expense of arbitration, including the cost of the Arbitrator, and all necessary expenses for the hearing of the case, shall be borne equally by the Employer and Union or Unions involved. SECTION 3. A grievance shall be considered null and void if not filed by the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet in accordance with the aggrieved employee and time limitations set forth above, unless the representatives parties involved mutually agree, in writing, to extend the prescribed time limitations. Except for the above referenced, mutually agreed to extension of time limitations, the Arbitrator shall not have the authority to excuse a failure of the Union either party to consider comply with the grievance and shall respond to it in writing within twenty-onetime limitations set forth above regardless of the reason given for such failure.

Appears in 1 contract

Sources: Project Labor Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeFor purposes of this Agreement, a grievance or is defined as a difference arising during between the term parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge the Hospital shall notify the employee of this Agreement right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted in accordance with this procedureas quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have the assistance of a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his union ▇▇▇▇▇▇▇ and if he or she so desires. Such complaint shall be discussed with his immediate superior in an effort supervisor within nine (9) calendar days after the circumstances giving rise to resolve it. 2. If, after seven it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, no satisfactory resolution has been reachedit shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee, who may be accompanied by a ▇▇▇▇▇▇▇, may submit a written grievance signed by the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3(designated by Hospital). The grievance must shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be reduced violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing and within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then: Within nine (9) calendar days following the Chief decision in Step the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (1 4) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department by the earlier of seven Head or his designee within fourteen (714) calendar days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts circumstances giving rise to the grievance have occurred or ought reasonably to have come to the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known attention of the occurrence The grievance shall then be treated as being initiated at Step No. and the applicable provisions of the facts giving rise this Article shall then apply with respect to the processing of such grievance. 4. The Chief release or discharge of an employee during the probationary period shall promptly meet not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing Hospital at Step No. within seven (7) calendar days after its presentation to him. 5the date the discharge or suspension is effected. If Such special grievance may be settled under the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor Grievance or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-oneArbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute(a) The Employer acknowledges the right of the Union to appoint, grievance or difference arising during otherwise select, a Grievance Committee of two (2) members who shall be employees of the term Employer. The personnel of such committee shall be communicated to the Employer. (b) Should a dispute arise between the Employer and any employee(s) regarding the interpretation, meaning, operation or application of this Agreement shall be adjusted in accordance with agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in has been violated, or should any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his other dispute arise, an ▇▇▇▇▇▇▇ and his immediate superior effort shall be made to settle the dispute in an effort the following manner: STEP 1 The aggrieved employee shall first refer the grievance in writing to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or Chairman of the Union shall reduce Grievance Committee. If the Grievance Committee of the Union considers the grievance to writing and present it be justified, the employee(s) concerned together with a member of the Grievance Committee shall first seek to settle the dispute with the Administrator or person holding an equivalent position within thirty (30) days from the time the grievance became known to the Chief employee of the DepartmentUnion. 3STEP 2 Failing satisfactory settlement under Step 1, the employee(s) concerned, together with the Grievance Committee will, within thirty (30) working days, submit to the Village Council a written statement of the particulars of the complaint and redress sought. The grievance must be reduced to writing and presented to the Chief Village Council shall render their decision within five (5) working days after receipt of the Department by the earlier of such notice. STEP 3 Failing satisfactory settlement, within at least seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or decision at Step 2, the Union had actual knowledge may refer the dispute to a Board of or reasonably should have known Arbitration. Upon establishment of a Board of Arbitration the occurrence of the facts giving rise Employer shall appoint one (1) member to the grievance. 4. The Chief shall promptly meet with the employee this Board, and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter appoint one (1) member to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee this Board, and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-onethese two

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, 3.01 A grievance or difference arising during shall be defined as a dispute between the term parties of this Agreement AGREEMENT involving an alleged violation of a specific provision of this AGREEMENT. Any such grievance shall be adjusted settled in accordance with this procedure. The grievance procedure the following manner: All grievances shall be informal submitted in writing and confidential at all timesshall state the specific contract provisions that are being violated, in what manner those provisions are being violated, and what remedy is being sought. Time limitations may All grievances must be filed within five (5) working days after the circumstances giving rise to when the grievance first occurred, or when the grievant should have been aware of its occurrence, or it shall be deemed waived. Any grievance shall also be deemed to have been waived and/or extended or settled if the action required by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, ASSOCIATION or the employee and/or the Union shall reduce the grievance to writing and present it to the Chief next level of the Department. 3procedure shall not have been taken within the time specified therefore. The If a grievance must be reduced to writing and presented to the Chief is once waived or settled at any of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise following steps, it shall be considered closed and it shall not thereafter be subject to the grievance procedure or to arbitration. The CITY may assert the date as ASSOCIATION'S failure to comply with grievances or arbitration procedures at any stage of which the procedure. For purposes of this Article any Employee or Association submission shall become effective upon mailing or delivery and the prescribed time periods for filing shall not begin until the grievant or Association actually receives the CITY'S response. 3.02 Grievances shall be submitted in writing and signed by the aggrieved employee or on a form mutually agreed to by the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee ASSOCIATION and the representatives CITY. An employee wishing to pursue a grievance shall submit the grievance form, including the substance of the Union to discuss the grievance and he shall respond to it in writing within seven (7the Article(s) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievancecontract alleged to have been violated, the employee and/or the Union shall submit the matter to the MayorASSOCIATION representative. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Employment Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeFor the purposes of this Article, grievance or difference arising during the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and holidays. Section 1. The grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the City and its employees. Furthermore, the grievance procedure is to provide a just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Personnel Code, municipal ordinances, Department rules and regulations, and the contract between the Union and the City. Section 2. A grievance is hereby jointly defined to be any disagreement concerning the interpretation or application of the specific and expressed provisions of this Agreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees." Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. Section 4. Grievances shall be adjusted processed in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following proceduremanner: Step 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven Within ten (710) working days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts disagreement giving rise to the grievance. 4. The Chief shall promptly meet with , the employee and must submit a written request (which may be accomplished by the representatives of employee sending an e-mail via the Union Department’s e-mail) to the Department Head for a meeting to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor Department Head or his designee shall meet arrange for a meeting with the aggrieved employee within ten (10) working days from the date of receipt of the employee's actual letter requesting a review as described in this step. The employee is entitled to be represented by a Union representative or by the Union's attorney at this meeting. The Department Head will render a written decision within ten (10) working days of the meeting with the employee. Step 2. If the grievance is not solved under Step 1, the employee may request a hearing before the Personnel Board or arbitrator by notifying the Personnel Director in writing, within five (5) working days from the date of decision in Step 1. Upon such written notification, the Personnel Director shall arrange for a hearing before the Personnel Board within thirty (30) working days from the date of request as described in this Step. Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon. Section 6. Upon receipt of a notice of intent to arbitrate a grievance, the City, through its designated representative, and the representatives employee, or his designated representative, shall promptly meet and attempt to select an arbitrator by mutual agreement. If the parties are unable to select an arbitrator by this method, the parties will jointly address a letter to the Federal Mediation and Conciliation Service (FMCS) requesting a list of the Union to consider the grievance and shall respond to it in writing within twenty-onefive (5)

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 15.01 The employee may present a grievance at the first level of the grievance procedure not later than ten (10) working days after the date on which the employee is notified orally or in writing or on which the employee first becomes aware of the action or complaint giving rise to the grievance. Any disputegrievance not brought to the attention of the Employer within the time limits shall be deemed to have been waived and not be entitled to consideration. 15.02 Any question relating to the interpretation, grievance application, operation, or difference arising during the term any alleged violation of this Agreement shall be adjusted settled in accordance with the procedure set out in Section 3 of this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure:Article. 1. (a) The matter shall first be discussed between the aggrieved employee and/or his Shop ▇▇▇▇▇▇▇(s) of the department concerned and the Head ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itor ▇▇▇▇▇▇▇. Failing settlement, step (b) shall be invoked. 2(b) The matter shall be discussed between Management and the Union's representative and all parties concerned may be called if considered necessary by either party. IfFailing settlement, after seven days, no satisfactory resolution has been reached, step (c) shall be invoked. NOTE All grievances and complaints not settled by the employee and/or the Union Foreman shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing by the employee(s) and presented filed with the Company through the Shop ▇▇▇▇▇▇▇ or Shop Committee within ten (10) days of occurrence. Any grievance or complaint not so filed shall be deemed to have been waived and shall not be entitled to consideration. (c) Either party shall notify the other in writing of the question or questions to be arbitrated and the name and address of its chosen representative on the Arbitration Board. After receiving such notice and statement, the other party shall, within give (5) days, appoint its representative and give notice in writing of such appointment to the Chief other party. The two representatives shall endeavour to select a third representative to act as Chairman of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5Arbitration Board. If the Chief's answer does not satisfactorily dispose two representatives fail to select the third representative within three (3) days, they shall forthwith request the Labour Relations Board to appoint a Chairman. The decision of this Arbitration Board shall be by majority vote. (d) Should any matter be settled in any of the grievanceabove steps, the employee and/or the Union settlement shall submit the matter to the Mayorbe final and binding upon both parties. 6. 15.04 The Mayor or his designee shall meet with the aggrieved employee and the representatives Parties may, by mutual agreement, elect to use a single arbitrator instead of the Union to consider the grievance and shall respond to it in writing within twenty-onea three man arbitration board.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSection 1. This Project Labor Agreement is intended to provide close cooperation between management and labor. The Prime Contractor and the San Francisco Building and Construction Trades Council shall each assign a representative to the Project for the purpose of assisting the local Unions, together with the Contractors, to complete the construction of the Project economically, efficiently, continuously, and without interruption, delays, and work stoppages. Section 2. All disputes involving discipline and/or discharge of employees working on the Project shall be resolved through the grievance and arbitration provision contained in the Schedule A applicable to the craft of the affected employee. No employee working on the (a) All Project labor disputes involving the application or difference arising during interpretation of a local Master Collective Bargaining Agreement (“Schedule A”) to which a signatory Contractor and a signatory Union are parties shall be resolved pursuant to the term resolution procedures of the Schedule A. All disputes relating to the interpretation or application of this Project Labor Agreement shall be adjusted in accordance with this proceduresubject to resolution through the grievance and arbitration procedure set forth herein. The Parties agree that ECSF may employ these grievance procedure procedures by a majority vote of ECSF Steering Committee members and has standing to do so solely for disputes concerning Article I Paragraphs 3 through 4, Article III Section 3, subsections (c), (f), and (g), Article XI Section 2, or Article XIII. (b) The parties understand and agree that in the event any dispute arises out of the meaning, interpretation, or application of the provisions of this Project Labor Agreement, the same shall be informal and confidential at all times. Time limitations may be waived and/or extended settled by mutual agreement means of the partiesprocedures set out herein. An aggrieved No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee may have whom it represents, or a Union representative present at and participating Contractor on its own behalf, or the ECSF after a majority vote of ECSF Steering Committee members) provides notice in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven signatory party with whom it has a dispute within five (75) days after becoming aware of the first step discussion with the aggrieved employee's immediate superior or dispute but in no event more than thirty (30) days after the occurrence it reasonably should have become aware of the facts event giving rise to the grievance dispute. The time limits in Section 3 may be extended by mutual agreement (oral or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known written) of the occurrence of the facts giving rise to the grievanceparties. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Community Workforce Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSection 1. If, grievance or difference arising during the term of this Agreement Agreement, a grievance, dispute or controversy should arise between the TOWNSHIP and the UNION, or any of the employees covered by this Agreement, as to the meaning or application of the provisions of this Agreement, there shall be adjusted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement no suspension of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his work, but an ▇▇▇▇▇▇▇ effort shall be made to settle such differences immediately. To that end, all grievances, disputes or controversies must be presented within five (5) days after they arise, or they shall be deemed to have been waived. In order to carry out the intent of the foregoing, any differences that arise shall be settled in the order and his immediate superior in an effort manner as hereinafter set forth: Section 2. Failure at any step of this procedure to resolve itcommunicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be a waiver of further appeal of the decision. 2Step 1. If, after seven days, no satisfactory resolution has been reachedWithin five (5) days of the time a grievance arises or within five (5) days of the date when the grievant shall know of its occurrence, the employee and/or the Union shall reduce either directly or accompanied by a Shop ▇▇▇▇▇▇▇ will present the grievance to in writing and present it to the Chief Department Head. Within five (5) working days after presentation of the Departmentgrievance, the Department Head will render a written decision to the employee and the Shop ▇▇▇▇▇▇▇. 3Step 2. Within five (5) days of when the written answer from the Department Head is received, the employee shall provide a submission, outlining the employee’s exceptions to the Department Head’s decision. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet Head will arrange a meeting with the employee and the representatives UNION Shop ▇▇▇▇▇▇▇ not later than five (5) working days towards the end of attempting to resolve the grievance. The Department Head shall give a written answer to the employee and Shop ▇▇▇▇▇▇▇ not later than five (5) working days. Step 3. Within five (5) days of the Union to discuss written answer, if the grievance is not resolved, it shall be filed with the Township Administrator, noting all exceptions to previous decisions. The Town Administrator will arrange a meeting at a mutually agreeable time and he shall respond to it in writing within seven place not later than ten (710) working days after its presentation receipt of the written grievance. The aggrieved party, the Shop ▇▇▇▇▇▇▇, and the UNION’S Business Representative shall be entitled to him. be present at the meeting. The Township Administrator shall give a written answer to the grievant and the UNION within five (5) working days after the meeting. A group grievance, one that may affect a group of employees, may be presented by the UNION at STEP 1. Any grievance not processed to the STEP in the Grievance Procedure within the time limits provided for such proceeding shall be deemed to have been waived and abandoned by the moving party. If a group grievance is filed by the Chief's answer does not satisfactorily dispose UNION, the grievance shall contain the job titles of those unit members for whom the grievance has been filed. If a grievance is filed by two (2) or more bargaining unit members, the grievance shall set forth the names of the grievance, the employee and/or the Union shall submit the matter unit members alleged to the Mayorhave been aggrieved therein. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, A grievance shall be a difference of interpretation of this Agree- ment or difference arising during the term violation of the provisions of this Agreement as well as any other complaint related to working conditions or relations between the nurses and the Hospital concerning the meaning, inter - pretation, application, administration or alleged violation of this Agreement. Every grievance shall be adjusted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort subject to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to ion procedures set out hereunder. Step When a has a grievance she shall within ten (10) the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior discovery or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts incident giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to , first discuss the grievance and he with her immediate Management Supervisor, who shall respond provide her with an answer within three (3) working days. Should the verbal answer given by the immediate Management upervisor not be acceptable to it the the grievance shall be submitted in writing to the Head of the Nursing Department within three (3) working days. The Head of the Nursing Department shall give her decision in writing within seven five (75) working days after its presentation to him. 5. If of the Chief's answer does not satisfactorily dispose receipt of the grievance, . Step If the employee and/or decision of the Union shall submit Head of the matter Nursing Department i s to the Mayor. 6. the grievance shall be referred to the grievance committee; and, if supported by the Grievance Com- mittee, shall be referred to the Chief Executive Officer within five (5) working days of the receipt of the decision in Step The Mayor or his designee Chief Executive Officer shall meet with the aggrieved employee Grievance Commit- tee and shall give a decision in writing within five (5) working days of receipt of the representatives grievance. If the decision of the Chief Executive Officer is not acceptable to the Grievance Committee, the matter may then be referred to Arbitration. If it is decided to submit the grievance to arbitra - tion, notice must be given to the Chief Executive Officer within ten (10) working days of the receipt of a decision of the Chief Executive Officer in Step Where a dispute involving a question of general application or in - terpretation occurs, or the Union has a grievance, steps and may be The employer may institute a grievance by delivering the same in writing to the President of the Union and the President shall answer such grievance within five (5) days. If the answer i s not acceptable to consider the grievance and shall respond employer, the employer may within ten (10) days from the day the President gives her answer, give ten (10) days' notice to it in writing within twenty-onethe President of the Union of i t s intention to refer the dispute to arbitration.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeSection 1. For the purpose of this Agreement, grievance or difference arising during the term “grievance” means a dispute between the Employer and a non-probationary employee concerning the application, meaning, or interpretation of this Agreement Agreement, personnel policies, or other material terms and conditions of employment, including provisions as provided by state law. Section 2. All grievances shall be adjusted settled in accordance with this the following procedure, time being of the essence: STEP 1. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have grievant, or a Union representative present at and participating in any level of acting upon specific written authorization from the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. Ifgrievant, after seven daysshall, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of within seven (7) calendar days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise grievable event, present the grievance in writing to the grievancegrievant’s immediate supervisor. The supervisor shall attempt to resolve the dispute and shall respond in writing to the grievant within fourteen (14) calendar days. 4STEP 2. The Chief shall promptly meet with If no satisfactory settlement is reached between the employee immediate supervisor and the representatives of aggrieved employee or a Union representative, acting upon STEP 3. If no satisfactory settlement is reached between the division administrator and the aggrieved employee or a Union to discuss representative, acting upon specific written authorization from the grievant, the grievance and he shall respond to it in writing be presented within seven (7) calendar days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter in writing to the Mayor. 6Commissioner of Labor. The Mayor or his designee Commissioner shall meet with attempt to resolve the dispute and shall respond in writing to the aggrieved employee or union officer within fourteen (14) calendar days. STEP 4. If no satisfactory settlement is reached between the Commissioner of Labor and the representatives aggrieved employee, the union may, within seven (7) calendar days, with written permission of the Union grievant, through one of its officers, submit the dispute to consider arbitration by written notice to the grievance Commissioner of Labor and the Chief of the Labor and Employee Relations Bureau. Within seven (7) calendar days of such notification, the employer and the union shall respond select an arbitrator by the following method: a. The parties to it this Agreement shall attempt to mutually select an arbitrator. If no such person can be found who is acceptable to both parties, then; b. The parties shall request a list of five (5) arbitrators from the Federal Mediation and Conciliation Service. Upon receipt of such a list the parties shall select the arbitrator within fourteen (14) calendar days. The arbitrator chosen shall be contacted immediately and requested to start proceedings as soon as possible. During the arbitration proceedings, only information considered in writing the previous step shall be admitted. The arbitrator’s decision shall be final and binding on both parties to this Agreement. The arbitrator shall have no power to alter in any way or add to the terms of this Agreement. The arbitrator’s decision shall be rendered within twenty-one45 calendar days after the conclusion of arbitration proceedings.

Appears in 1 contract

Sources: Labor Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute11.1 The Employer and the PSAC agree that discussions should occur between employees, the PSAC representatives and Employer representatives, when problems or differences arise, in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, PSAC representatives and Employer representatives. Where discussions relating to problems or differences occur, the time limits in the Complaint Step will be extended by the appropriate number of days. 11.2 If any difference arising during concerning the term interpretation, application, operation or any alleged violation of this the Agreement arises between the Employer and the PSAC, or between the employee(s) and the Employer, it shall be adjusted in accordance with this processed according to the following grievance procedure. Nothing in this provision deprives employee(s) of any rights or remedies to which they are entitled in any legislation. Grievances involving the interpretation, application, operation or any alleged violation of the Agreement must have the approval and support of the bargaining agent. 11.3 The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and holidays shall be informal excluded. If the time limits set out in Complaint Step, Step 2 or Step 3 of the grievance procedure are not complied with, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits. 11.4 If the Employer fails to meet a time limit, the grievance will be deemed to be allowed and confidential the corrective action(s) sought shall be awarded to the grievor(s) and the PSAC. 11.5 No grievance shall be defeated or denied by any technical objection occasioned by a clerical, typographical, or similar technical error or by omission of a step in the grievance procedure 11.6 Responses to grievances at all times. Time limitations may levels shall be waived and/or extended by mutual agreement of forwarded to the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his Shop ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven daysor Local Officer, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of filing the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee grievor(s) and the representatives Secretary of the Union Local. 11.7 Employee(s) shall have the right to consider be represented at any step of the grievance procedure. The employee(s) and the Union Local representative, if an employee, shall respond be given leave with pay to it in writing within twenty-oneprepare for and attend such meetings. The PSAC shall be given full opportunity to present evidence and make representations throughout the grievance procedure. 11.8 The Employer shall post the names and, or, titles of the appropriate Designated Employer representatives.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute19.1: In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is further agreed and understood by the parties that there shall be a procedure for the resolution of grievances between the parties and the procedures outlined in this Article shall be the exclusive procedures used for processing grievances involving the application or interpretation of the Agreement (i.e., non-disciplinary matters) and grievances involving termination, demotion, suspension, or written reprimand taken against a member of the Bargaining Unit that is covered by this Agreement, except for the allegations of employment discrimination as specified in Article 7. 19.2: Every effort will be made by the parties to settle any grievance or difference arising during as expeditiously as possible. Should either party fail to observe the term time limits as set out in the steps of this Agreement Article, the grievance will automatically be processed to the next step of the procedure. However, time limits may be modified by mutual written agreement between the parties. 19.3: All reference to “days” stated in this Article shall mean calendar days. 19.4: Grievances not related to suspensions, demotions, or terminations (i.e., grievances concerning written reprimands or the application or interpretation of this Agreement) shall be adjusted processed in accordance with this procedure. The grievance procedure the following manner and every effort shall be made by the parties to secure the prompt disposition of such grievances. Step 1: The member shall first take up a grievance with his/her immediate supervisor within ten (10) days after the employee has knowledge or should have had knowledge of the event(s) which gave rise to the grievance. Such meeting between the member and his/her immediate supervisor shall be on an informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itoral basis. Step 2. If, after seven days, no satisfactory resolution has been reached, : Any grievance which cannot be satisfactorily settled with the employee and/or the Union immediate supervisor shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented signed by the member or a representative of the PBA and submitted to the Chief of Police or his/her designee within ten (10) days of the Department Step 1 meeting. The grievance shall be discussed in a meeting by and between the earlier member, a representative of seven the PBA and the Chief of Police within five (75) days from rendering the grievance to writing. The Chief of Police shall within ten (10) days after this meeting, render his/her decision in writing, with a copy to the first step discussion PBA. Step 3: In the event the member is not satisfied with the aggrieved employee's immediate superior disposition of the grievance in Step 2, the member or thirty the PBA shall have the right to appeal the Chief of Police’s decision to the City Manager or his/her designee within ten (3010) days after from the occurrence date of receipt of the facts giving rise Chief of Police’s written decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the member and a representative of the PBA, requesting that the Chief of Police’s decision be modified or reversed. The City Manager or his/her designee shall, within ten (10) days from the filing of such appeal, render a decision in writing to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known with a copy of the occurrence decision to the representative of the facts giving rise to the grievancePBA. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss 19.5: If the grievance and he shall respond is in response to it a disciplinary action, except as described in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-onesection

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute, 15.1 A grievance shall be defined as any dispute involving the application or difference arising during the term interpretation of this Agreement or matters of discipline. The election of a grievant to pursue any such dispute under this procedure shall be adjusted constitute a waiver of his/her right to pursue such dispute in accordance with any other forum, and the election of a grievant to pursue any such dispute in any other forum shall constitute a waiver of his/her right to pursue such dispute under this procedure. Other than matters of discipline, only disputes involving the application or interpretation of this Agreement may be grieved. 15.2 The grievance procedure shall be informal as follows: A. Step 1 - The Officer shall notify his/her immediate supervisor of the grievance and confidential shall be referred through the chain-of-command to the command Officer who has the authority to resolve the grievance. The Officer, either alone or accompanied by an F.O.P. representative, shall present the grievance orally to the appropriate command Officer. Said grievance shall be presented within fourteen (14) calendar days of the date when the Officer should have had reasonable grounds to have knowledge of the event upon which the grievance is based. B. Step 2 - If a satisfactory adjustment cannot be reached between the parties at all times. Time limitations Step 1, or in the event no decision has been rendered within ten (10) calendar days of its submission in Step 1, such grievance may be waived and/or extended by mutual agreement submitted to the Superintendent of Police within seven (7) calendar days from the partiesdate the Step 1 decision was rendered or due, whichever occurs first. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. In Step 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union grievance shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented the following information shall be stated with reasonable clearness: • The exact nature of the grievance, including the act or acts complained of, and when they occurred; • The names of the persons involved; • The identity of the employee or employees who claim to be aggrieved; • The Sections of the Agreement or Arbitration Award which the employee or employees claim the Township has violated, or the specific matter of discipline; and the remedy they seek. C. Step 3 - If a satisfactory adjustment cannot be reached between the parties at Step 2, or if no answer from the Superintendent of Police has been rendered within fourteen (14) calendar days of its submission in Step 2, such grievance may be submitted in writing to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior Township Manager or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing his/her designee within seven (7) calendar days after its presentation to himfrom the date the Step 2 decision was rendered or due, whichever occurs first. 5. D. Step 4 - If the Chief's answer does grievance is not satisfactorily dispose resolved at Step 3 or if no decision from the Township Manager or his/her designee has been rendered within ten (10) calendar days of the grievancedate the grievance was submitted to Step 3, the employee and/or F.O.P. may, upon written demand given to the Union shall Township Manager or his/her designee, submit the matter grievance to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-onearbitration as follows:

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute5.01 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the Employer's satisfaction, it may be treated as a grievance and referred as a grievance and referred to arbitration in the same way as a grievance of an employee. Such grievance shall be processed at Step No. 2 of the grievance procedure as set out in Article 5 hereof. 5.02 A Union policy grievance which is defined as an alleged violation of this Agreement concerning all or difference a substantial number of employees in the bargaining unit, in regard to which an individual employee could not grieve, or in regard to which a substantial number of employees have signified an intention to grieve, may be brought forward in writing at Step No. 2 of the grievance procedure at any time within fifteen (15) full working days after the circumstances giving riseto such grievance occurred, and if it is not settled at that stage, it may be processed to arbitration in the same manner as the grievance of any employee. 5.03 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. 5.04 It is understood and agreed that an employee does not have a grievance until he/she or their Union Representative has discussed the matter with the Employer and given them an opportunity of dealing with the complaint. 5.05 Grievances properly arising during the term of under this Agreement shall be adjusted in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed between the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven settled as follows: Within ten (710) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts circumstances giving rise to the grievance occurred or originated, the date as of which grievance shall be presented to the aggrieved employee or Employer in writing and the Union had actual knowledge of or reasonably should have known of parties shall meet within five (5) working days in an endeavor to settle the occurrence grievance. The grievance shall contain sufficient particulars of the facts giving rise on which the grievance is based to allow the Employer to properly respond and know the case against it. If a satisfactory settlement is not reached within five (5) working days from the meeting above, then the grievance may be submitted to arbitration as provided in this Agreement at any time within ten (10) days thereafter. The timelines contained herein are mandatory unless waived by either party in writing. 5.06 Where a difference arises between any of the Parties hereto relating to the grievanceinterpretation, application or administration of the Agreement, including any question as to whether the matter is arbitrable, either of the Parties may, after exhausting the grievance procedures described above, notify the other Party in writing of its desire to submit the difference or allegation to arbitration. Such written notice shall also state clearly the matter or matters in dispute to be dealt with by the Arbitrator and what relief, if any, is claimed by the Party requesting arbitration. Neither party may amend or alter the grievance once the written submission is made for arbitration. 4. 5.07 The Chief Parties shall promptly meet with appoint a mutually agreeable arbitrator to hear the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5grievance. If the Chief's answer does Parties cannot satisfactorily dispose reach an agreement regarding the arbitrator within ten (10) days the appointment shall be made by the Minister of Labour for Ontario upon request of either Party. 5.08 The Arbitrator shall hear and determine the difference or differences between the Parties and shall issue a decision in writing, which decision shall be final and binding upon the Parties and upon any employee and/or Pieceworkers/Subcontractors affected. However, it is understood that there shall be no alteration or amendment to any part of the Agreement. The fees and expenses of the Arbitrator shall be borne one-half (½) by the Union and one-half (½) by the Company. Any other costs or expenses in connection with such arbitration shall be borne by the Party which incurs them. 5.09 The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 5.10 A Union grievance, which is defined as an alleged violation of this Agreement involving a number of employees in the bargaining unit in regard to which a number of employees and/or Pieceworkers/Subcontractors have signified an intention to grieve, or a grievance involving the Union itself, including the application or interpretation of this Agreement, may be brought forward in accordance with the instant Article, and if it is not settled, it may be referred to Arbitration in the same manner as a grievance of an employee and/or Pieceworker/Subcontractor. Similarly, the Company may grieve and initiate the Arbitration procedures in the same manner as a Union shall submit the matter grievance should there be issues relating to the Mayorinterpretation, application or administration of this Collective Agreement. 6. 5.11 The Mayor or his designee shall meet time limits with respect to the aggrieved employee Grievance and the representatives of the Union Arbitration Procedure in this Article are applicable to consider the grievance all grievances and shall respond to it in writing within twenty-onearbitrations.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any disputeA. A grievance is hereby defined to be any controversy complaint, grievance misunderstanding, or difference arising during dispute concerning the term interpretation or application of any provision of this Agreement Agreement. B. Any grievance arising between the Employer and the Union or an employee represented by the Union, shall be adjusted settled in accordance with this procedure. The grievance procedure shall be informal and confidential at all times. Time limitations may be waived and/or extended by mutual agreement of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following proceduremanner: Step 1. The matter shall first be discussed between the aggrieved employee and/or his or employees must present the grievance in writing within fifteen (15) days of the event giving rise to the grievance to the ▇▇▇▇▇▇▇ and his immediate superior in an effort to resolve itthe Coordinator of Sites and Facilities specifying the nature of his/her grievance and the section of the contract he/she claims to be violated. If a satisfactory adjustment is not effected with a representative of the Employer within six (6) working days, the ▇▇▇▇▇▇▇ and employee shall submit such written grievance to the Union’s Business Representative. Step 2. If, after seven days, no satisfactory resolution has been reachedWithin five (5) working days thereafter, the employee and/or Business Representative shall then take the Union shall reduce matter up with a representative of the Employer with authority to act on such grievances (HR Director or otherwise as designated by the Superintendent) and a decision therein must be given to the Business Representative within five (5) working days. Any agreement settling the grievance to writing and present it to the Chief of the Department. 3. The grievance must shall be reduced to writing and presented to signed by the Chief parties. In the event the Business Representative shall be of the Department by opinion that an employee’s grievance is without merit, the earlier Local Union shall not be required to process the matter any further and he shall so inform the employee filing the grievance and the Employer. There shall be no liability imposed thereby upon the Union or the Employer. Step 3. If steps 1 and 2 hereof have been complied with and a settlement of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or grievance has not been effected, within thirty (30) days after the occurrence of the facts giving rise response at Step 2 only the Union may process the grievance to arbitration by notifying the Board in writing of the appeal to arbitration. Within ten (10) days thereafter, the Board may elect to submit the grievance to the American Dispute Resolution Center (ADRC), at the expense of the Board of Education or shall otherwise submit the grievance to the Connecticut State Board of Mediation and Arbitration, with a copy to the other party. The arbitrator(s) shall hear the grievance under applicable rules and regulations and its decision shall be final and binding upon the Employer, the Employees and the Union. The arbitrator shall be bound by and must comply with all the terms and provisions of this Agreement and shall have no power to add to, delete from, or modify in any way, any of the date as terms or provisions of which this Agreement. C. When the aggrieved employee or Board fails to render a decision on any grievance within the time limits specified in the Grievance Procedure, the Union had actual knowledge of or reasonably should have known may proceed to the next step in the Grievance Procedure. The failure of the occurrence of Board to so act shall be regarded by each party as though the facts giving rise to the Board had rejected said grievance. 4. The Chief shall promptly meet with the employee and the representatives of the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. Any dispute11.01 For the purpose of the Agreement, a grievance or is defined as a difference arising during between the term parties relating to the interpretation, application, administration or alleged violation of this the Collective Agreement including any question as to whether a matter is arbitrable. 11.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is understood that there is no grievance until the employee with the concurrence of the bargaining unit has discussed the issue with the Supervisor and the Supervisor has had the opportunity of adjusting the complaint. Such complaint shall be discussed with his/her immediate supervisor within ten (10) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and union. Failing settlement within five (5) working days, the complaint may then be taken up as a grievance within ten (10) working days following advice of his/her immediate supervisor’s decision in the following manner and sequence: Step 1 The bargaining unit may submit a written grievance signed by the grievance officer and in accordance with this procedureArticle 11.03 (a) to the Manager of Human Resources or designate. The Manager of Human Resources will deliver his/her decision in writing within five (5) working days following the day on which the grievance procedure shall be informal and confidential at all timeswas presented to him/her. Time limitations Failing settlement, then: Within five (5) working days following the decision under Step No. 1, the Union may be waived and/or extended by mutual agreement submit the written grievance to the Administrator of the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1Human Resources, or designate. The matter Administrator shall first be discussed between deliver his/her decision in writing within five (5) working days from the aggrieved employee and/or his ▇▇▇▇▇▇▇ and his immediate superior in an effort date on which the written grievance was presented to resolve it. 2. If, after seven days, no satisfactory resolution has been reached, the employee and/or the Union shall reduce the grievance to writing and present it to the Chief of the Department. 3him/her. The grievance must be reduced to writing and presented to the Chief of the Department by the earlier of seven (7) days after the first step discussion with the aggrieved employee's immediate superior or thirty (30) days after the occurrence of the facts giving rise to the grievance or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known of the occurrence of the facts giving rise to the grievance. 4. The Chief shall promptly parties may, if they so desire, meet with the employee and the representatives of the Union to discuss the grievance at a time and he shall respond place suitable to it both parties. Failing settlement, then: Within five (5) working days following the decision in Step No. 2, the grievance may be submitted in writing within seven (7) days after its presentation to him. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter to the Mayor. 6Superintendent of Corporate Affairs. The Mayor or his designee parties shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-onefive (5)

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. The following procedure will be followed in the handling of grievances and complaints arising out of this Contract: Step 1. Any employee who deems himself/herself to have a grievance or complaint caused by any action of the Company shall before filing a written grievance, discuss such action with their supervisor and their ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ in an attempt to settle the dispute informally. If the employee and their ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ are unable to resolve the dispute with the employee’s supervisor, the ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ shall, not later than ten (10) working days after the date of the occurrence giving rise to such dispute, reduce the grievance or difference arising during to writing specifying the term sections of this Agreement the employee contends the Company has violated, the relief requested, and file it with the supervisor. The supervisor shall answer the grievance in writing on the back of the grievance form within three (3) working days after receipt of the written grievance, and in the event of his/her failure to do so the grievance shall be adjusted considered settled in accordance with this procedurefavor of the employee, and the relief requested on the grievance report shall be granted. The grievance procedure shall not be informal and confidential at all timesfurther processed unless the ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ shall notify the Company within three (3) working days after receiving the supervisor’s answer of their intention to appeal the grievance to Step 2. Step 2. Time limitations may be waived and/or extended by mutual agreement of If the parties. An aggrieved employee may have a Union representative present at and participating in any level of the following procedure: 1. The matter shall first be discussed grievance is not settled between the aggrieved employee and/or his and the ▇▇▇▇▇▇▇ or chief ▇▇▇▇▇▇▇ and his immediate superior in an effort the employee’s supervisor, and if notice of intention to resolve it. process the grievance further has been given as required above, the grievance shall be discussed at a meeting held between the employee, the Division Grievance Committee, and representatives of Division Management within six (6) working days after receipt of notice of the Union’s intention to process the grievance to Step 2. IfDivision Management will answer the grievance in writing on the back of the grievance report within three (3) working days after the Step 2 meeting and in the event of its failure to do so the grievance shall be considered settled in favor of the employee, after seven days, no satisfactory resolution has been reached, and the employee and/or relief requested on the grievance report shall be granted. The grievance shall not be further processed unless the Union shall reduce notify the Company within three (3) working days after receipt of the answer of Division Management of its intention to appeal the grievance to Step 3. If the grievance is not settled at the Step 2 level, and if notice of intention to process the grievance to Step 3 has been given as required above, the grievance shall be discussed at a meeting between the General Grievance Committee and representatives of Corporate Management to be held within fifteen (15) working days after receipt of notice of the Union’s intention to process the grievance to Step 3, unless a Step 3 meeting has been held during the preceding twenty (20) working days. If such is the case, the Step 3 meeting will be held within a five (5) day period following the expiration of such twenty (20) working day period. Within ten (10) days after the Step 3 meeting MGE Corporate Management shall answer the grievance in writing and present it in the event of its failure to do so the Chief grievance shall be considered settled in favor of the Department. 3employee, and the relief requested on the grievance report shall be granted. The grievance must shall not be reduced further processed unless the Union shall notify the Company within ten (10) working days after receipt of MGE Corporate Management’s answer of its intention to writing and presented submit the grievance to the Chief arbitration. This step of the Department grievance procedure shall not be held but shall be eliminated in grievances involving only violations of operational procedures which are covered by local Supplemental Agreements, and in such cases the earlier next step after Step 2 shall be arbitration if the Union carries a grievance beyond Step 2. a) If the Union shall notify the Company of its intention to submit the grievance to arbitration as required above, the parties shall attempt to agree upon an independent person to arbitrate the dispute. If the parties are unable to choose such independent person by agreement within twenty (20) days after receipt of such notice of the Union’s intention to submit the grievance to arbitration, the Federal Mediation and Conciliation Service shall be requested to furnish a list of seven (7) days after arbitrators from which the parties shall select one (1) arbitrator. Such selection shall be by agreement, if possible; otherwise, the parties shall alternately strike one (1) name from such list, with the Union having the right to strike the first step discussion with name, until only one (1) name remains. The remaining person shall be accepted by both parties as the aggrieved employee's immediate superior or thirty (30arbitrator to hear and decide the dispute. b) days after The hearing before the occurrence arbitrator shall be held at a time and place mutually agreeable to the Union, the Company, and the arbitrator, but if agreement cannot be reached the arbitrator shall select the time and place of the facts giving rise hearing. If regularly scheduled to work during the time of the arbitration hearing, the President of the Local plus three (3) members of the Division Grievance Committee and the grievant(s) shall be excused from work for the purpose of attending such hearings but shall nevertheless receive their straight time rate of pay for not to exceed eight (8) hours for each day of such hearing. The fees of the arbitrator shall be divided equally between the Company and the Union. c) The decision of the arbitrator shall be final and binding upon all parties to the grievance dispute. However, the arbitrator shall have jurisdiction and authority only to interpret and apply the provisions of this Agreement, and he/she shall have no power to add to, subtract from, or the date as of which the aggrieved employee or the Union had actual knowledge of or reasonably should have known modify any of the occurrence terms of this Agreement. d) Any time set forth in this Section may be extended by mutual agreement of the facts giving rise parties and such agreement shall be in writing. All notices of intention to process a grievance to the grievancenext step which are required in this Section shall be given in writing on the back of the grievance forms retained by the Company and the Local Union. For the purpose of computing any period of time following the giving of a notice of the holding of a meeting, the day after giving notice of such meeting will be the first day of such period, and any meeting required to be held or answer required to be given shall be held or given on or before the last day of such period. Saturdays, Sundays, and Holidays shall not be included in any such time limitations. 4e) If grievances or complaints are signed and filed by more than one (1) employee, or if separate grievances are filed arising from the same occurrence or fact situation, not more than three (3) of the grievants shall attend the meetings held at Step 1, 2 and 4 of the grievance procedure and be entitled to time off from work without loss of pay for attending such meetings. f) If the grievance results from disciplinary action including discharge imposed upon the grievant, the grievant shall have the option of attending the Step 3 meeting and be entitled to time off from work without loss of pay for attending the Step 3 meeting. The Chief shall promptly meet with It is also recognized that it may be advantageous in other types of grievances to have the employee grievant in attendance at the Step 3 meeting and in such case if mutually agreeable between the Company and the representatives Union, the grievant shall be entitled to time off from work without loss of pay for attending the Union to discuss the grievance and he shall respond to it in writing within seven (7) days after its presentation to himStep 3 meeting. 5. If the Chief's answer does not satisfactorily dispose of the grievance, the employee and/or the Union shall submit the matter g) All grievances related to the Mayordischarge of an employee shall take priority over all other grievances unless otherwise mutually agreed. 6. The Mayor or his designee shall meet with the aggrieved employee and the representatives of the Union to consider the grievance and shall respond to it in writing within twenty-one

Appears in 1 contract

Sources: Collective Bargaining Agreement